A couple from Massachusetts is currently embroiled in a serious legal controversy, facing charges for allegedly abducting their five children, who were under the care of the Massachusetts Department of Children and Families (DCF).
Isael Rivera, 31, and Ruth Encarnacion, 30, were apprehended by Fitchburg Police earlier this month after an extensive multi-state search.
The couple is accused of transporting their children across state lines in a bid to dodge DCF’s intervention efforts.
As reported by WCVB 5, authorities suspect that the family fled Massachusetts just before DCF was set to enforce protective measures regarding the children.
Rivera, who is the biological father to four of the five children, appeared in Fitchburg District Court last week. A not-guilty plea was entered on his behalf, and he is presently being held without bail, according to WHDH.
Encarnacion, the mother of all five children, is slated for arraignment this week, facing five counts of kidnapping a minor by a relative. A not-guilty plea has also been registered for her.
Law enforcement officials indicate that the family vanished just as DCF was preparing to remove the children from Encarnacion’s custody on February 27.
Days later, on March 3, Encarnacion’s sister reported her missing due to a lack of communication since February 26. DCF officially reported the five children missing on March 5, prompting a state and federal search effort.
Court documents reveal that DCF had opened an investigation into the couple in February after a pediatrician noted signs of neglect concerning the youngest child, a mere 9-month-old. DCF was poised to act but found that the family had already left the state.
The children, aged 10, 9, 5, 4, and 9 months, were eventually discovered unharmed in Whitney, Texas, and are now in the custody of Texas Child Protective Services while further investigations continue.
In a curious turn of events, attorney Kevin Carl Larson claimed that Encarnacion acted in the “best interest of her children,” suggesting she was merely attempting to protect them. Despite their earlier flight to Texas, Larson maintains that Encarnacion is not a flight risk and has no intention of leaving without her children.
Larson argued that authorities lack sufficient evidence to justify the charges against his client, asserting that Encarnacion was unaware of any court orders and did not attend the care and protection hearing.
