Jul 9, 2025, 12:00 AM
Jul 9, 2025, 12:00 AM

Georgia couple battles false child abuse charges for two years

Tragic
Highlights
  • In 2023, Matt and Tuckey Hernandez took their infant daughter Emma to the doctor, prompting a diagnosis of child abuse.
  • The DFCS removed the daughters from their care, charging the couple with child abuse despite lack of evidence.
  • After two years, the couple was acquitted, regained custody, and subsequently filed a lawsuit against the DFCS.
Story

In 2023, in Georgia, Matt and Tuckey Hernandez took their 3-month-old daughter Emma to the doctor due to swelling in her leg and a bruise behind her ear. This visit led to a diagnosis of 'non-accidental trauma' by child abuse pediatrician Stephen Messner, which misidentified Emma's medical issues as abuse. Despite showing characteristics of loving parents and a lack of evidence of abuse on their elder daughter, the state removed both girls from their care, placing them in various foster homes and ultimately charging the parents with child abuse. The Hernandez family's ordeal escalated as they found themselves fighting for their parental rights while the Division of Family and Children Services (DFCS) pursued the severance of those rights, seemingly ignoring their arguments and evidence against the abuse claims. Throughout this process, the DFCS also failed to follow proper protocols, which included not placing the children with relatives or family friends, as allegedly required by their own policies. Additionally, when Emma was hospitalized and required a feeding tube, an invasive procedure was performed on her without parental consent or justification, which added to the family's distress. Medical examinations later revealed that Emma was suffering from very low vitamin D levels that led to neonatal rickets, explaining her leg swelling and potential fractures. Genetic testing indicated defects in her collagen genes, which could contribute to infant fractures. Despite having this medical evidence, the DFCS continued its action against the Hernandezes, disregarding the clear indications that the child's condition was not due to abuse. The couple claimed to have presented ample documentation demonstrating that their daughter had pre-existing health issues from birth. In a significant turning point, Matt and Tuckey Hernandez were acquitted of child abuse charges and regained custody of their daughters after enduring an unimaginable separation for two years. Following their acquittal, they filed a lawsuit targeting the DFCS employees, doctors, and law enforcement officers, claiming violations of constitutional rights and mishandling of the case, expressing their discontent with how the system treated their family based on flawed medical assessments. Matt stated his confusion over the systemic failures that led to their unjustified separation from their children.

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