Family sues Massachusetts DCF, Waltham after kids taken in middle of the night

WALTHAM – It was 1 a.m. on Saturday, July 16, 2022, when Waltham Police and workers from the Division of Kids and Households confirmed as much as the Sabey residence and not using a warrant to take the children into custody.

Three days prior, a hospital worker had recognized a therapeutic rib fracture on Cal, the infant of the household, as he was within the Emergency Room for a fever. Mother Sarah was capable of go residence with the infant.

Now, the household is claiming that residence go to and seizure of the children was “reprehensible and plainly unconstitutional” in a federal lawsuit filed Tuesday. “There was no believable imminent menace that might justify…seizing the sleeping toddler and toddler from their loving dad and mom and household residence in the midst of the night time,” the criticism reads.

DCF didn’t instantly reply to WBZ’s request for remark, and the Mayor of Waltham stated town doesn’t touch upon pending litigation.

Following the middle-of-the-night go to, three-year-old Clarence and months-old Cal had been positioned in DCF custody, and finally within the residence of their grandparents for a month as their dad and mom had been investigated for baby abuse.

The dad and mom recorded the encounter on their cell telephones. Police say within the video, “I want to have paperwork…but it surely’s not right here.” The youngsters could be heard crying as they’re taken right into a white automotive with DCF workers.

Now, ten months later, Josh Sabey and his spouse Sarah Perkins have been cleared of the suspected baby abuse.

The Sabeys are represented by Pacific Authorized Basis. They are saying they’re bringing the lawsuit towards the general public workers who took their children as a result of they’re ready of privilege and need to see change in DCF’s practices. “We’re educated,” Sarah Perkins defined. “We’ve actually concerned members of the family. We’ve entry to sources and monetary help, and I believe the overwhelming majority of households within the system are impoverished, or, you already know, simply have approach fewer sources at their disposal. And I believe due to that, we really feel an actual accountability to do one thing that may assist households on this system that do not have this form of functionality to alter legal guidelines, to alter statutes.”

The Sabeys nonetheless do not know what induced Cal’s damaged rib, however suspect it may need been a time when his grandmother was babysitting and caught him as he practically fell out of his carseat.

They are saying their older son, Clarence, has had night time terrors, potty coaching regression, and different indicators of trauma since he was taken into DCF custody.

The household has since moved to Idaho for Sarah’s profession. 

The total federal criticism could be learn right here.