Date: Fri 02-Oct-1998

Publication: Bee

Author: ANDYG

Quick Words:

police-child-Abric-lawsuit

Full Text:

Couple Files Federal Lawsuit Over DCF Seizure Of Their Child

A local couple is suing the town in connection with the state Department of

Children and Families (DCF) seizure of their four-day-old infant daughter

Tuesday evening.

"At approximately 7 pm on September 29, 1998, Nazareth Abric, an infant born

on September 25, 1998, was taken from her mother's arms by members of the

Department of Children and Families and the Newtown Police Department and

placed in state custody. The child had committed no crime, nor had her

parents, Jeanne and Robert Abric, committed any crime," the federal lawsuit

states.

The Alpine Circle couple is involved in a custody battle with DCF over the

custody of an older daughter, Cheyenne. The state has charged them with risk

of injury to a minor in connection with Cheyenne's being found to have 17 rib

fractures in 1997 at six weeks of age, after which she was taken from the

Abric residence by the state.

The seizure of Nazareth was made under the state law concerning "predictive

neglect," which presumes that children in a home may be at risk when

authorities suspect that one child has been abused.

The DCF seizure of Nazareth was made at a neighbor's home.

Through the lawsuit the Abrics seek to have Nazareth returned to them and to

receive money damages.

The seizure took place without a warrant and without judicial review of the

DCF's plans, the suit states. The seizure violates the First, Fourth and

Fourteenth Amendments to the constitution, it adds.

The state can hold Nazareth only until Saturday evening before which time the

matter must go before a judge, who will decide whether the state can continue

its custody of the infant.