2 Children Awarded $1.1M From Medical Kidnap Case

Joanna Swartwood with her two children. Photo courtesy ABC 10 News.

2 children awarded $1.1M after social workers removed them from home

Excerpts:

SAN DIEGO – Two children removed from their home by county social workers will receive more than a million dollars as part of a settlement deal.

“It’s been a long time coming. It’s been a real emotional journey,” said Joanna Swartwood.

For her, there is relief after a long court battle. In April 2011, 1-year-old Riley and her 3-year-old brother Dale were enrolled in a home day care in Linda Vista.

Within weeks, Swartwood noticed Riley was coming home with bruises on her cheek, while Dale would cry when headed to day care.

Letters show a doctor believed injuries occurred at day care and he reported the day care to the county’s Child Welfare Services. But it was the Swartwood family that got a knock at the door. The children were taken away.

“You’re lost and emotionally distraught,” said Swartwood. “It’s your kids, your children … It’s your lifeline.”

After a two-day investigation, the children were returned. A state probe stripped the day care of its license.

The Swartwoods filed suit against the county and several months ago, a decision was issued.

A judge ruled taking the children away was unconstitutional since a call to the day care would have confirmed the injuries happened there. The county’s physical exam of the two children was also deemed unconstitutional and the consent forms inadequate.

Swartwood points out the exams are invasive.

“We were shocked to think they had to go through that,” she said. “Our children were young. They want their mommy and daddy, especially when something’s happening and they don’t feel safe.”

As part of a settlement, her children will receive $1.1 million.

Read the Full Story here.

Published on February 13, 2015

2 Comments

barbie February 13, 2015 at 7:48 pm - Reply

The battle lines are being drawn. This horror can no longer be swept under the rug. This must be aggressively challenged and valiantly fought in all cases throughout our land. These evil government agents within the cps/dcf must be prosecuted and these agents must pay for their crimes.  Thank God for this award.  In my opinion it’s not enough if these agents are not made to do time

MomOfIV March 6, 2015 at 1:07 pm - Reply

Criminal charges should be filed when anyone breaks the law.  I doubt CPS workers who broke the law would appreciate cops showing up, arresting them, and throwing them in jail without ever having a warrant served and the trial occurs weeks to months later, while they are still in jail.  This is what they do to families when they break up good homes just so they can get that paycheck.  Children are thrown into foster care (jail) with total strangers and the parents are denied due process (warrant) while everyone waits weeks to months to prove, if they are allowed, the false allegations against them aren’t true.  Truly despicable and unconstitutional.