Jennifer Williams quickly noticed something unusual about the two young girls she was fostering. Three-year-old Arya Hernandez was bright, outgoing, and well-behaved, unlike other foster children Williams had cared for. However, 4-month-old Emma seemed sickly, with concerning physical symptoms. Williams, fostering the girls for a weekend, contacted their usual foster parent to inquire about Emma’s medical history.
She was shocked to learn that Emma had been abused by her parents, resulting in fractures. Williams was troubled by the lack of warning about Emma’s condition.
After the girls returned to their usual foster home, Williams raised her concerns with the caseworker and discovered a distressing social media post from the girls’ mother, Tuckey Hernandez. The post detailed the events leading to the girls’ removal from her care, including accusations of abuse.
As Williams delved deeper into the situation, she uncovered a troubling story of a family caught in a flawed child welfare system. Despite alternative explanations for Emma’s injuries, the state persisted in accusing Tuckey of abuse.
The Hernandez family’s ordeal shed light on the challenges faced by parents accused of abuse, highlighting the difficulties in proving innocence in such cases.
Unfortunately, the Hernandezes’ story is not an isolated one, underscoring the flaws in the child welfare system and the impact of allegations of abuse on innocent families.
Tuckey’s plea for the safe return of her daughters reflected the heartbreaking reality faced by many families embroiled in similar situations.
‘The State Never Let Up’
Matt and Tuckey Hernandez’s lives were turned upside down when they sought medical care for their baby, Emma, unaware of the challenges that lay ahead.
Living in Forsyth County, Georgia, with their two daughters, the Hernandezes faced accusations of abuse after seeking medical attention for Emma’s concerning symptoms.
Despite their efforts to address Emma’s health issues, suspicions of abuse arose, leading to a harrowing ordeal for the family.
As the Hernandezes navigated the complexities of the child welfare system, their story highlighted the struggles faced by parents fighting to prove their innocence in the face of such serious allegations.
Tuckey’s heartfelt plea for the safe return of her daughters underscored the emotional toll of their separation and the challenges they faced in navigating a system that seemed stacked against them.
He stood outside with his daughter for over an hour, completely unaware of the events unfolding inside the hospital. Legal documents from Reason revealed that hospital staff conducted X-rays and a C.T. scan on Emma, which revealed healing fractures on multiple ribs and her right leg. However, no injuries were found on Arya. Child abuse pediatrician Stephen Messner examined Emma and reviewed her scans, concluding that her injuries could not have been accidental.
After Messner’s diagnosis, the situation escalated quickly. Matt was informed by a nurse that abuse was suspected, and both DFCS and law enforcement had been contacted. He remained in the hospital with Tuckey, anxiously waiting. When he woke up, his wife was gone, being interrogated by DFCS and the police. Soon after, they were informed that both children were being placed in state custody.
Despite their lack of criminal history and bringing their child to the hospital voluntarily, the state continued to pursue the case aggressively. The girls were initially placed with their aunt and uncle, Tony and Tuk Schulz, who were close family friends. However, the Schulzes also faced accusations of abuse after taking Emma to the doctor for a bruise. DFCS theorized that they may have been responsible for the injury.
Emma’s condition worsened while separated from her family, and Tuckey, who had been arrested on child abuse charges, was unable to visit her daughters. Matt’s family was torn apart, and he missed important milestones while separated from his daughters. The case was escalated by the involvement of a child abuse pediatrician, a controversial subspecialty in the medical field.
The Hernandez family’s experience is relatively uncommon, as most child abuse cases are not reported by medical professionals. However, the family was unfortunate to encounter a child abuse pediatrician, whose diagnosis led to the separation of their family. The field of child abuse pediatrics has faced controversies in recent years, stemming from its origins in the 1960s with the recognition of the “Battered-Child Syndrome.” The groundbreaking paper led Congress to pass the Child Abuse Prevention and Treatment Act, establishing government-funded CPS agencies. However, the credibility of shaken baby syndrome (SBS), a key concept in child abuse pediatrics, has been questioned. Despite the widespread acceptance of SBS as a diagnosis, scientific experiments have shown little evidence to support it. In some cases, children have exhibited SBS symptoms after minor falls, casting doubt on the diagnosis.
In the case of Emma, a child diagnosed with fractures believed to be caused by abuse, conflicting medical opinions emerged. While one doctor insisted that physical abuse was the only explanation for Emma’s injuries, others, including a forensic pathologist, suggested that vitamin D deficiency could have weakened her bones, leading to the fractures. The debate highlights the challenges faced by parents accused of child abuse, especially when doctors’ opinions carry significant weight in legal proceedings.
The Hernandez family’s dependency hearing provided an opportunity for Matt to challenge the allegations of abuse and argue for the return of his daughters. Despite medical experts testifying on both sides, the case underscored the difficulty of disproving accusations made by child abuse pediatricians. The case raises concerns about the potential bias that may exist when doctors are directly employed by child welfare agencies, creating a conflict of interest in cases of alleged abuse. Additionally, due to Emma being exclusively breastfed, she was at a higher risk for vitamin D deficiency. Another expert witness, Anthony Perszyk, a geneticist experienced in reading X-rays, testified that Emma had neonatal rickets, which was a result of low vitamin D levels. Pena, however, dismissed this theory, arguing that Emma was too old to be diagnosed with neonatal rickets, which typically occurs in premature infants.
Matt was frustrated by the fact that Pena seemed to be given more credibility than the other doctors. Perszyk pointed out the X-rays showing signs of neonatal rickets in Emma, but Pena did not provide any visual aids and simply gave a speech during his testimony.
At the dependency hearing, witnesses including a forensic interview specialist, Matt’s visitation supervisor, and friends and family members of the Hernandezes, spoke in support of the family. The court-appointed special advocate and guardian ad litem also favored reunification over separation and adoption.
Despite the support from witnesses and professionals, DFCS continued to push for separation. Matt’s refusal to blame Tuckey for Emma’s injuries was seen as a sign of his unfitness as a parent by DFCS.
The system’s reluctance to return the children to their parents, despite evidence supporting their innocence, left Matt feeling helpless. As time passed, Arya became depressed and Emma’s health did not improve.
As victories such as Tuckey being allowed to visit her daughters were met with setbacks, the family faced further challenges when Matt was indicted on child abuse charges, leaving them bewildered and struggling to understand the new accusations. The state initially blamed Tuckey, Emma’s primary caregiver, for abuse but is now pointing fingers at Matt. Despite the accusations against Matt, a judge ordered DFCS to create a plan for reuniting the Hernandez family. This decision allows the girls to be returned to their parents instead of being adopted.
Following the ruling, Emma and Arya were removed from their foster-to-adopt home and placed with a family friend. This change also enables the family to conduct thorough genetic testing on Emma to determine the cause of her bruising and fractures.
Despite conducting private genetic testing, DFCS is demanding an official test to confirm the results. The guardian ad litem’s report recommended sending the girls back to their aunt and uncle, criticizing DFCS for neglecting Emma’s medical issues.
Although the evidence suggests Emma’s health issues are genetic, DFCS is hesitant to return the girls to their family. Matt expresses frustration with the system’s handling of the situation.
The prolonged separation has taken a toll on the family, and the future remains uncertain. Matt questions how to trust government agencies after this ordeal. The emotional impact on the family is significant, with Matt expressing concern for Arya’s well-being and lamenting the lack of communication with his wife. Can you rewrite this sentence for me?
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