Last July, Josh Sabey’s and Sarah Perkins’ two young children were seized by child welfare officials in the middle of the night without a warrant. Because of a minor injury to their youngest child, the Massachusetts Department of Families officials attempted to keep custody of the children for nearly four months. The couple has now filed a lawsuit, arguing that the state’s seizure of their children was “reprehensible and plainly unconstitutional.”
“The officials had no warrant to enter the Sabeys’ home or seize the young Sabey children,” the 33-page complaint states. “And there was no plausible imminent threat that could justify entering the home and seizing the sleeping toddler and infant from their loving parents.”
On July 12th, 2022, the Sabeys’ youngest child, 3-month-old Cal—named in the lawsuit as C.S. 2—developed a high fever, leading Sarah to take him to the emergency room at the advice of the family’s pediatrician. At the hospital, Cal was diagnosed with a respiratory infection. During an X-ray to search for pneumonia, doctors found a small, almost-healed fracture on Cal’s rib—an injury many doctors view as a sign of child abuse.