INDIANAPOLIS — An Indianapolis couple is taking the Department of Children Services (DCS) to federal court. Their attorneys allege that social workers wrongfully took their two kids away for months following false accusations from the child of a family friend.
Adam and Laura Huff and their attorneys held a news conference Tuesday announcing a multi-million dollar complaint filed in the United States District Court for the Southern District of Indiana. The legal action seeks at least $3 million in punitive damages.
The Huff's told 13News that in 2018, social workers came to their home on a false child abuse complaint but removed their 8-year-old son and 13-year-old daughter. The Huff's argue they had proof the accusation was completely false but social workers ignored what they had to say and acted on the false claim anyway. The accusation centered around what a child friend of their daughter claimed was abuse by Adam.
In the federal lawsuit, the Huff's attorneys at Massillamany, Jeter and Carson argue social workers even questioned their children without them present and kept them away from their home for four months. Adam was reportedly told by DCS that he was being charged with a crime, which never happened according his attorneys. The Huff's went on to say DCS even ignored court orders centered around visitation for the holidays. Laura uses a wheelchair for mobility and claims DCS discriminated against her when it came to evaluating if she was able to care for her children.
After what they said DCS described as an investigation by IMPD and it's child abuse detectives who work with social workers, to their surprise DCS reportedly dismissed the case even after keeping the children for the four months.
"I found out that DCS lied to me saying that I was being charged, and I was never going to be charged," Adam said.
The Huffs told 13News that they decided to get involved with the federal lawsuit not just for their own family but for every parent who believes their children were wrongfully removed from home.
"Anybody can tell a lie about you, and no matter what truth you have to prove you're innocent, they will come after you," Laura said.
"At least in criminal court you are innocent until proven guilty," Adam said. "With the whole DCS court settings, it's a court of feelings. They can basically go by how they feel."
The federal lawsuit names the Indiana Department of Child Services Director Terry Stigdon, Peggy Surbey who serves as the director of the Marion County Division of DCS, Supervisor Amber Johnson, Family Case Manager Maequanda Donaldson and Case Manager Jayia Alexander.
DCS does not comment during ongoing litigation.
