A Massachusetts couple is going through critical fees after allegedly kidnapping their 5 kids, who had been positioned within the custody of the Massachusetts Division of Youngsters and Households (DCF).
Isael Rivera, 31, and Ruth Encarnacion, 30, have been situated by Fitchburg Police in early March, after a multi-state manhunt.
The couple is accused of taking the youngsters throughout state strains in an try and evade DCF intervention.
Authorities imagine the household fled Massachusetts shortly earlier than the state tried to implement little one protecting measures, in keeping with WCVB 5.
Rivera, the organic father of 4 of the 5 kids, was arraigned final week in Fitchburg District Court docket. A not-guilty plea was entered on his behalf, and he’s at present being held with out bail, WHDH reported.
Encarnacion, the mom of all 5 kids, is scheduled to be arraigned this week and faces 5 counts of kidnapping a minor by a relative. A not-guilty plea has additionally been entered on her behalf.
In response to regulation enforcement, the household went lacking simply as DCF ready to take away the youngsters from Encarnacion’s care on February 27.
Encarnacion’s sister reported her lacking days afterward March 3, citing an absence of contact since February 26. DCF formally reported the 5 kids lacking on March 5, triggering a state and federal search.
Court docket paperwork point out that DCF had opened a case in opposition to the couple in February after a pediatrician flagged indicators of neglect involving the youngest little one, a 9-month-old.
DCF intervened shortly thereafter, however by then, the household had reportedly left Massachusetts.
In response to unconfirmed studies, they instructed their pediatrician they have been skipping vaccines for his or her child.
Boston Broadside reported:
The dad and mom, who homeschool their kids, said to their pediatrician that they have been against their new child receiving the photographs primarily based on their sincerely held spiritual beliefs. Regardless of citing spiritual exemptions that are regulation in Massachusetts, the daddy, Isael Rivera is being held in Worcester County Jail on a $200,000 bond or 20K money bail, whereas the couple’s 5 kids have reportedly been taken into custody by Baby Protecting Companies (CPS).
“It is a blatant violation of elementary rights on a number of ranges,” says Ron Bouchard, Constitutional Legislation Strategist. “By what authority has this household been apprehended and for what? Was there a warrant? What’s familial kidnapping? A household has the proper to journey with their kids. How and why have they been reported lacking, and by whom? What legal guidelines have they damaged and what imminent hazard exists to justify the drastic motion of DCF and the Fitchburg Police Division traumatizing this household by tearing it aside?”
The ordeal started when the household’s pediatrician, a compulsory reporter, threatened to report them to DCF after the dad and mom declined vaccinations for his or her toddler throughout a wellness verify.
“The physician mentioned if we didn’t vaccinate, he’d need to report us,” the daddy, “Izzy” Rivera, allegedly instructed an advocate who supplied secure harbor for the household in Texas. “Regardless of assurances that their child was well-fed, cared for, and thriving, DCF quickly left a discover on their door demanding a house go to. Fearing for his or her household, the dad and mom refused, citing their rights.”
What adopted was a dramatic escalation. Fitchburg police, on the course of Leominster DCF allegedly surrounded their residence, banging on doorways and circling the property for as much as half-hour. “Ruth Encarnacion hid within the closet along with her 5 kids,” mentioned the great samaritan who assisted the household over their 3 week exile. In response to her account of what the household instructed her, with police and DCF returning in higher numbers the following day, Rivera was additionally pressured to cover, whereas his spouse and youngsters fled from Fitchburg.
The youngsters—ages 10, 9, 5, 4, and 9 months—have been ultimately discovered unhurt in Whitney, Texas, and at the moment are within the custody of Texas Baby Protecting Companies pending additional investigation.
Extra from Worcester Telegram & Gazette:
Legal professional Kevin Carl Larson countered that Encarnacion had “acted in the very best curiosity of her kids” and was “defending her kids.”
Though she had earlier fled to Texas, Larson mentioned Encarnacion shouldn’t be a flight threat and mentioned she shouldn’t be going anyplace with out her kids.
Larson mentioned authorities lack possible trigger to cost his shopper. He mentioned Encarnacion was not current for the care and safety listening to and that she was not conscious of any courtroom order.
