Mother Sues DCS In Federal Court For Taking Children - NewsChannel5.com | Nashville News, Weather & Sports

Mother Sues DCS In Federal Court For Taking Children

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by Nick Beres

CLARKSVILLE, Tenn. -- A Middle Tennessee mother has sued the Department of Children's Services in federal court claiming caseworkers essentially kidnapped her two young children.

"They just stormed into my home with no reason as to why they were there or why they were taking my children," said the woman who asked that we not show her face or use her name to protect the identity of her kids.

She said DCS caseworkers responded to a complaint made in an ongoing custody battle over the kids.  It related to racy photographs found on her iPod.

"They were photos of myself I was sending to my boyfriend while he was deployed overseas," said the mother.  There were no pornographic images found of the children.

She said DCS cited the photos as reason to remove the children.

The woman's attorneys Carrie Gasaway and Holly Jackson-Maher said DCS did not get the required court order signed by a judge to remove the children.  And they said that DCS also did not have a warrant to search the house or to confiscate the iPod.

"This case is every parent's worst nightmare ... That's what this case is," said Gasaway. "This is a case of the government coming in and basically kidnapping two children."

The lawsuit accuses DCS of "... committing negligence and custodial interference without justification, causing pain and suffering to the parent as well as the minor children."

The mother was never charged with any crime and the children were returned to her after two weeks with no further action taken.  She said that both children were traumatized by the experience.

DCS declined to comment about the case or the lawsuit.  There's no way to know if there were other reasons the children were removed from the home.

Answers could come if the case goes to trial.

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