A Massachusetts couple is facing serious charges after allegedly kidnapping their five children, who had been placed in the custody of the Massachusetts Department of Children and Families (DCF).
Isael Rivera, 31, and Ruth Encarnacion, 30, were located by Fitchburg Police in early March, after a multi-state manhunt.
The couple is accused of taking the children across state lines in an attempt to evade DCF intervention.
Authorities believe the family fled Massachusetts shortly before the state attempted to enforce child protective measures, according to WCVB 5.
Rivera, the biological father of four of the five children, was arraigned last week in Fitchburg District Court. A not-guilty plea was entered on his behalf, and he is currently being held without bail, WHDH reported.
Encarnacion, the mother of all five children, is scheduled to be arraigned this week and faces five counts of kidnapping a minor by a relative. A not-guilty plea has also been entered on her behalf.
According to law enforcement, the family went missing just as DCF prepared to remove the children from Encarnacion’s care on February 27.
Encarnacion’s sister reported her missing days later on March 3, citing a lack of contact since February 26. DCF officially reported the five children missing on March 5, triggering a state and federal search.
Court documents indicate that DCF had opened a case against the couple in February after a pediatrician flagged signs of neglect involving the youngest child, a 9-month-old.
DCF intervened shortly thereafter, but by then, the family had reportedly left Massachusetts.
According to unconfirmed reports, they told their pediatrician they were skipping vaccines for their baby.
Boston Broadside reported:
The parents, who homeschool their children, stated to their pediatrician that they were opposed to their new baby receiving the shots based on their sincerely held religious beliefs. Despite citing religious exemptions which are law in Massachusetts, the father, Isael Rivera is being held in Worcester County Jail on a $200,000 bond or 20K cash bail, while the couple’s five children have reportedly been taken into custody by Child Protective Services (CPS).
“This is a blatant violation of fundamental rights on multiple levels,” says Ron Bouchard, Constitutional Law Strategist. “By what authority has this family been apprehended and for what? Was there a warrant? What is familial kidnapping? A family has the right to travel with their children. How and why have they been reported missing, and by whom? What laws have they broken and what imminent danger exists to justify the drastic action of DCF and the Fitchburg Police Department traumatizing this family by tearing it apart?”
The ordeal began when the family’s pediatrician, a mandatory reporter, threatened to report them to DCF after the parents declined vaccinations for their infant during a wellness check.
“The doctor said if we didn’t vaccinate, he’d have to report us,” the father, “Izzy” Rivera, allegedly told an advocate who provided safe harbor for the family in Texas. “Despite assurances that their baby was well-fed, cared for, and thriving, DCF soon left a notice on their door demanding a home visit. Fearing for their family, the parents refused, citing their rights.”
What followed was a dramatic escalation. Fitchburg police, at the direction of Leominster DCF allegedly surrounded their apartment, banging on doors and circling the property for up to 30 minutes. “Ruth Encarnacion hid in the closet with her five children,” said the good samaritan who assisted the family over their 3 week exile. According to her account of what the family told her, with police and DCF returning in greater numbers the next day, Rivera was also forced to hide, while his wife and children fled from Fitchburg.
The children—ages 10, 9, 5, 4, and 9 months—were eventually found unharmed in Whitney, Texas, and are now in the custody of Texas Child Protective Services pending further investigation.
More from Worcester Telegram & Gazette:
Attorney Kevin Carl Larson countered that Encarnacion had “acted in the best interest of her children” and was “protecting her children.”
Although she had earlier fled to Texas, Larson said Encarnacion is not a flight risk and said she is not going anywhere without her children.
Larson said authorities lack probable cause to charge his client. He said Encarnacion was not present for the care and protection hearing and that she was not aware of any court order.
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