Debbie & Jason (Jay) Behrens underwent over 4 years of costly invitro-fertilization (IVF) procedures in the hopes of one day having children. Deb & Jay have both been police officers for more then 14 years between both civilian law enforcement and in the United States Air Force (USAF). Jay has provided security during a presidential visit, has aided in the escort of the Secretary of the Air Force, received a certificate of appreciation from the mayor for his services rendered during a visit by other foreign dignitaries during his career and both have received numerous other awards and decorations. After being later blessed with a daughter, Kristen, through IVF and a son, Tyler, through adoption, Jay was wrongfully labeled a child abuser by the Department of Children and Families (DCF) in Florida. Read below for:
LONG BATTLE FOR CHILDREN
Deb, initially had difficulty conceiving and had to undergo corrective surgery due to complications caused by adhesions. Unfortunately the surgery was unsuccessful and they turned to Invitro-Fertilization (IVF). After four costly and emotional IVF attempts over a course of approximately four years, Deb became pregnant with twins (a boy and girl).
Unfortunately, Deb went into premature labor at 24 weeks and their children were born weighing under 1 ½ pounds each. Three days later their son, Justin, passed. Their daughter, Kristen, spent three long months in the hospital before coming home weighing less then 4 pounds. Deb and Jay separately took off 6 weeks from work to avoid having to place Kristen in child care in such a fragile state. They were blessed with a true little miracle. She is now a happy, healthy 3 ½ year old.
A couple years later, they again were unsuccessful with an IVF
attempt
at more children. It was then that they turned to the option of
adopting
a child. They initially started out wanting a closed
adoption.
As they read and learned more about the adoption process, they began to
realize that an open adoption would be in the child’s best
interest.
A short time later they were bringing home their son, Tyler. They
have welcomed the birthparents into their lives and routinely visit
with
one another. Fortunately they formed a strong enough bond with
the
birthparents to openly discuss what happened to Tyler and alleviate any
fears or concerns they may have had.
AN INJUSTICE BY DCF
Deb and Jay have an approximate 3 foot high child-proof gate that prevents their 3 year old daughter from going into their computer room. On May 14, 2002, Jay was carrying their 9 month old son, Tyler, while stepping over the erected gate. His back leg caught the top of the gate and they fell straight to the floor. Since the fall happened quickly, Jay wasn’t certain how they landed. Jay immediately checked Tyler for any possible injuries. Tyler cried for a short period, but then calmed down. There were no exterior visible injuries and Jay believed he sheltered him as they fell.
Later in the day Tyler became lethargic and Jay noticed a bruise behind his right ear. Tyler was then taken to the hospital where it was learned that Tyler sustained serious head injuries from the fall. He also began to develop a temporary paralysis of his right arm, which examining doctors believed was indicative of a brachial plexus injury (or a tear to nerves in his arm). This type of injury would be caused from pulling the arm or slinging the child by his arm and therefore it was not believed to be consistent with the account given for the injuries. Due to the young age of their child and serious injury, DCF was notified.
However, swelling on the brain was not initially evident. With a head injury, it takes time for the swelling to occur which is why the person should be closely monitored for a period of time. Gradually there was a weakness observed affecting the entire right side. During follow-up testing, swelling was observed on the left side of the brain. Since the left side of the brain controls the right side, Doctor’s believed it was more likely the weakness or temporary paralysis was caused by the swelling versus a brachial plexus injury. A brachial plexus injury was later further ruled out by a Neurologist due to Tyler regaining significant control over his right side which is not possible without being surgically repaired.
However, the DCF Child Protection Team (CPT) Doctor, believed the injuries were inconsistent and believed the injuries were the result of “Shaken Baby Syndrome”. Based upon the CPT doctor’s opinion DCF forbid Jay from having unsupervised contact with both his children and initiated a dependency proceeding against Tyler and Kristen. Kristen had no visible marks or injuries and had never had any questionable injuries, so where was the probable cause that she was in danger?
Jay now risked losing rights to both his children, going to jail, and losing his job. They soon learned that DCF only had to prove a preponderance of the evidence (51%) to have their children declared dependent. That would put them one step closer to the possibility of having their parental rights later terminated.
Knowing if they hired another expert to review the records the expert could find against them, but they had to take that chance. Deb and Jay hired Dr. William Anderson (a forensic pathologist and prior CPT Doctor) and Professor Werner Goldsmith (a bio-mechanical engineer and expert in Shaken Baby Syndrome). These medical experts strongly believed the injuries were consistent with an accident and believe Jay crushed Tyler between his arm and chest while trying to protect him from hitting the floor when they fell.
Doing research on-line they also learned that an infant’s skull is not fully developed and is only made up of one fragile layer of bone. An adult skull has 3 layers. They also learned that this one layer is not fully formed and has openings known as sutures which are comprised of cartilage. The crushing force built up pressure in the skull causing it to break at the weakest link (a suture). As the suture separated the movement caused swelling on the brain and the internal bleeding observed behind the ear.
Fortunately, Tyler has recovered from the injuries and is not believed to have any long term effects from the accident.
SUMMARY OF INVESTIGATIVE FINDINGS DISPUTING DCF
CLAIMS:
1) Orange County Sheriff’s Office closed their investigation as unfounded
stating the injuries were sustained from an accidental
fall and charges were never filed.
2) William Anderson, Forensic Pathologist/Medical Examiner (previously
worked with Child Protection Team as a child abuse expert for DCF)
reviewed
medical records and concluded that the incident appeared consistent
with
the injury pattern present and most likely represented accidental
trauma. Stated overriding of the bones is a footprint
to a crushing or compression injury.
3) Professor Werner Goldsmith, Bio-mechanical engineer who has done
extensive research in shaken baby syndrome, reviewed medical records
and
concluded that the injuries were consistent with an
accident.
He strongly believes the child should have a neck injury to be the
result
of Shaken Baby Syndrome (SBS), but there was no injury to Tyler’s
neck.
Professor Goldsmith has an impressive background and backed by decades
of research on the effects of head impacts, and as author of the only
book
on the subject of impacts, states he sees a rush by pediatricians,
social
workers and prosecutors to brand many parents and caregivers as child
abusers
when the injuries were more likely caused by a fall. Professor
Goldsmith
believes there are a significant number of cases where innocent
defendants,
most of them indigent, are convicted solely on the basis of dogmatic
supposedly
expert medical testimony without any scientific investigation or
supporting
documentation and that misdiagnosis is leading to the devastation of
many
innocent families.
4) Dr. Robert Gold, Ophthalmologist, examined Tyler and found that
he had a retinal hemorrhage only to the left eye. It is more
common
for there to be hemorrhages behind both eyes for shaken baby syndrome
and
he believes the injuries were consistent with being
accidental
and that the father’s weight caused the injury during the fall.
5) Dr. Ronald G. Davis, Pediatric Neurologist noted there were signs
of a hemispheric injury which could be sustained
from
a fall.
6) Juvenile Court Judge Renee Roche dismissed
the dependency case stating there was not a preponderance of the
evidence
to support a finding of dependency based upon DCF allegations.
Deb and Jay spent over $25,000 in legal expenses and expert witness fees, but despite all of the above in support of the injuries being consistent with an accidental fall, DCF still verified the findings as the result of abuse which may later prevent them from further adoptions and could impact other unknown aspects of their life. A DCF spokeswoman claims that their records are not available for private adoptions. However, Florida State Statute 63.092(3) states that a home study must be performed by a licensed child-placing agency and in no event may the minor be placed in the prospective adoptive home prior to the completion of a preliminary home study. The preliminary home study must include a records check of the department’s (DCF) central abuse registry on the intended adoptive parents. A minor may not be placed in the home if the preliminary home study is unfavorable. When we adopted Tyler, such a check was made through DCF for any potential child abuse records.
Deb and Jay fully recognize the concern was warranted for DCF notification based upon their son’s injuries and young age. However, they feel as parents they were victimized by DCF’s lack of adherence to court orders, inadequate investigation, disregard for other medical expert opinions, failure to follow established policies, etc. If they would not have had the financial ability to fight DCF, they may still be fighting to keep their family together. They are now convinced that hundreds to thousands of innocent families are being victimized and wrongly losing their children.
DCF investigators starting salary is over $30,000 a year. DCF claims that if the position paid more they could hire better quality investigators. Deb & Jay don’t feel it’s an issue of money – they feel it’s an issue of liability. Yet, per Florida Statutes DCF employees have absolute immunity from liability unless you can prove a personal malice. Some police officers are paid less and others are paid the equivalent, yet have competent training programs to address proper investigations, liability, and rights of the public, etc.
We have all heard the horror stories about the Child Protection System. It wasn’t until now that Jay and Deb realized just how powerful and out of control this system is. DCF uses your children as leverage in attempts to coerce you into pleaing to something that didn’t happen. They violate laws, rights, court orders, their own policies, etc. under the umbrella of “in the best interest of the child”. If this can happen to them – it could happen to anyone.
The following is an excerpt from one of DCF’s own policies which states that they need a preponderance of the evidence to verify an allegation as abuse. DCF’s idea of a preponderance must be different than the courts which dismissed the case based upon a lack of a preponderance.
CFOP 175-28: ALLEGATION MATRIX
V = Verified: When a preponderance of the credible evidence
results
in a determination that the specific injury, harm or threatened harm
was
the result of abuse or neglect, this finding is used.
“Preponderance” means superiority in weight or
quality/importance.
Weight – Most of the evidence supports abuse.
Quality/Importance – At least one piece of evidence in support of abuse
is exceptionally strong such as DNA findings or a pediatrician’s
willingness
to testify the injuries were from abuse.
“Credible” means offering reasonable grounds for being believed.
S = Some Indication: When there is credible evidence, which does not
meet the standard of being a preponderance, to support that the
specific
injury, harm or threatened harm was the result of abuse or neglect,
this
finding is used.
U= Unfounded
COUPLE
SUE DCF OVER ABUSE TAG ; THE TWO POLICE
OFFICERS SAY AN UNFOUNDED LABEL AS CHILD ABUSERS KEEPS THEM FROM
ADOPTING.:[FINAL Edition]
by: Henry Pierson Curtis, Orlando Sentinel, May 15, 2004, pg. B.1
The state agency classifies Officer Jason K. Behrens as a child abuser. It's the same label DCF workers gave his wife, Officer Debra Behrens, before dropping it without explanation. Any evidence of child abuse likely would have cost them their jobs, according to a police spokesman, and city records show each has a history of outstanding job reviews. But Jason Behrens can't clear his name despite evidence showing he is a loving parent who did nothing wrong.
DCF hasn't held a hearing since 1995 to let anyone challenge being
classified as a child abuser, according to the lawsuit filed this week
in
federal court in
Representatives for DCF declined to comment on the lawsuit, saying the agency hadn't been notified of the lawsuit and its policy prohibits them from discussing litigation.
Court records show the state agency entered the Behrens' lives after
their
then-9-month-old adopted son suffered a head injury on
However, an emergency room doctor suspected abuse and turned the
incident
over to the state Child Protection Team in
But despite the Sheriff's Office investigation that exonerated the parents and a judge finding no evidence to justify DCF's taking custody of the Behrens' son and then-3-year-old biological daughter, records show the agency refused to change Jason Behrens' classification as a "verified child abuser," based on the Child Protection Team doctor's findings.
A subsequent DCF review of its own investigation indicated, in part, that credible expert testimony opposing DCF's findings merited more attention "since there were no other risk factors identified that supported the likelihood of abuse or neglect."
State law covering child-abuse investigations prohibited the Behrens from talking about what happened until last year, when an Orange County judge ruled that "it is a legitimate goal of the parents of the child to take a political stand in this matter, advocate from their personal experience and make suggestions for changes in the statutes and rules governing" DCF.
"One of the things that keeps us going is that if they can do this to us, what can they do to so many other people who don't know their rights," Jason Behrens, 38, said Friday at his home in east Orange County.
The driving force behind the lawsuit is that the Behrens want to adopt another child, they said. They cannot do that as long as DCF maintains its abuse classification.
Their son, laughing and playing nearby with his sister, insisted on showing his word book to a guest talking to his parents. So far, the couple has spent more than $30,000 on legal fees, they said.
"If we couldn't have paid for this, we would have lost our kids," Debra Behrens, 39, said. "We have tried to resolve this many times, and there's no place to go."
Both were hired by the Orlando Police Department in 1996 and
regularly
receive "superior" evaluations. Each is a member of the Air Force
Reserve and served on active duty at Patrick Air Force Base after the
Their lawsuit accuses DCF Secretary Jerry Regier and several DCF administrators of violating Jason Behrens' 14th Amendment right to due process by not allowing him to challenge his classification in the state Child Abuse Registry.
The suit also accuses DCF officials of violating other rights, including the Florida Constitution's guaranteed right to raise a family according to personal values and beliefs.
hcurtis@orlandosentinel.com or 407-420-5257.
DCF Should Use Common Sense To Place Child
By: Columnist Mike Thomas, Orlando Sentinel, May 18, 2004
Jason and Debra
Behrens are two upstanding
"It is with regret that we are unable to work with you toward your goal of adopting a child . . ." the Children's Home Society of Florida told the couple in a letter last year. "The founded report of abuse on Mr. Behrens automatically prevents our agency from considering you for adoption."
The Florida Department of Children & Families has labeled Jason a child abuser, which means he is blacklisted by adoption agencies.
Two years ago, Jason tripped while stepping over a child gate in his house. He was carrying his 9-month-old son, Tyler. The boy suffered a cracked skull in the fall but survived.
A doctor with the
state's Child Protection Team ruled that
The difference between falling with a baby and shaking a baby is that one is clumsy and the other is a crime.
The Orange County
Sheriff's Office went with clumsy when Deputy Chief
Medical
Examiner Dr. William Anderson said the child's injuries were consistent
with
the type of fall described by the father.
His findings were backed up by a pediatric ophthalmologist.
There also were no signs of abuse typically found with shaken babies, such as old fractures or bruises.
But DCF did not drop the case. At a dependency hearing, an agency attorney surmised that because of the parents' work schedule, they must have been under a lot of stress and that "the father just lost it."
There was no proof of any of that. It was conjecture pulled out of a hat.
By that rationale, given the stress of cranking out four columns a week, I'd have put my entire family in the hospital by now.
The judge ruled for the Behrenses.
But DCF still lists Jason as a "verified abuser." A letter from DCF to the Behrenses states, "The verified findings are based on the Child Protection Team's evaluation of your son's injury and the recommendation that the explanation provided was not consistent with this injury."
Forget all testimony to the contrary. There is no appeal mechanism. This is a couple who went through a grueling in vitro fertilization procedure to have one child and adopted a second. All kids should have parents who wanted them so badly.
After failing to clear Jason's name with DCF, the couple has filed a federal lawsuit against the agency. DCF will fight it with your tax dollars.
I understand that you err on the side of protecting kids. But at some point, you have to inject common sense into the process. DCF isn't big on common sense.
We have a loving family here that wants a child. And we have a state that has an excess of unwanted children.
Two things need to happen here. The state needs a hearing process by which people can appeal if they are put on the abuse list.
Second, DCF needs to follow whatever internal procedures it has set up -- which right now seem to consist of shaking monkey bones and casting them on the ground -- and take Jason Behrens off the list.
Mike Thomas can be reached at 407-420-5525
or mthomas@orlandosentinel.com.
Deb & Jay established this website to help other parents being falsely accused, with the intent of raising awareness with the citizens, in their fight for parents rights by reaching legislators to make changes.