Key West The Newspaper - February 4, 2000

State Continues To Stonewall On Return Of Nowatney Children

AFTER FIVE MONTHS, DEPT. OF CHILDREN & FAMILIES STILL CAN'T MAKE A CASE FOR CHILD ABUSE. WHEN DOES IRRESPONSIBLE ACTION BY THE STATE CONSTITUTE KIDNAPING?

by Dennis Reeves Cooper

Stealing somebody's kids is considered against the law. It's called kidnaping. Unless, of course, you're the State of Florida's Dept. of Children & Families (DCF)

We told you last week about Nick and Carrie Nowatney, who, with their two children— Nathan, 1, and Natalie, 3— could literally double for any Leave-It-To-Beaveresque TV sit-com family. Until last September, life was good for the Nowatneys. Nick is a medic with an Army Special Forces unit assigned to the Key West Naval Air Station. Carrie was a stay-at-home mom, taking care of the kids.

Both parents are college educated. Neither smoke nor drink. They are active in their church. They have set up savings accounts and mutual funds for both kids to be used for college or a church mission.

Back in 1998, while Nick was on duty in Kuwait, Natalie fell off a chair and broke her arm. Carrie took her to the hospital where she was treated and released.

Last Sept. 2, little Nathan, home alone with his father, fell off a sofa and broke his arm. Nick took him to the hospital. Doctors found two fractures, treated the boy and sent him home.

But one of those fractures was an inexplicable old "greenstick" break. That apparently set off some alarms and somebody at the hospital— not the doctors who attended to Nathan— reported the case as possible child abuse.

The next day, DCF officials showed up and took both kids away. Nick and Carrie were shellshocked. The kids were bewildered.

"I can understand that three broken bones in two young children over a short period of time might trigger an investigation," Nick said. "But they didn't conduct an investigation. They just took our kids.

"But we were encouraged when we learned that, by law, they had to complete their investigation within 30 days, set up a hearing and give us a chance to get our kids back," Nick said.

But that hasn't happened. The local DCF office appears to be a model of inefficiency. It's been more than five months and DCF officials continue to try to make a case where there's no case to be made.

All they have to do is talk to the neighbors, fellow churchgoers and the doctors who treated the children..

Investigators from both the Army and the Navy did that and more. Both investigative teams have already closed their cases. The conclusion: No abuse/neglect found. But the DCF refuses to give the Nowatneys their kids back!

Full-body x-rays of both children show no evidence of child abuse. But the DCF refuses to give the Nowatneys their kids back!

Both parents voluntarily sat for polygraph examinations. No deception found. Innocence indicated. But DCF officials won't give the Nowatneys their kids back!

Instead, here's what they have done:

• Nathan was breast feeding when they took him away. Officials took it upon themselves to wean him to a bottle.

• They refused to allow Nick's mother to take temporary custody— unless she would testify that the Nowatneys are child abusers. She wouldn't.

• This weekend, the DCF will place Nathan and Natalie with a third set of foster parents since the "snatch" last September. Apparently, the current foster parents are taking a little Disney World vacation.

• The first set of foster parents allowed daily phone calls from the parents to the kids and weekly visits. The second set of foster parents have reportedly indicated, in essence, "Don't call us, we'll call you."

• Personal visits with the kids have often been canceled.

DCF officials say they won't comment concerning ongoing investigations. But how long is this "investigation" going to be allowed to continue before some judge threatens to throw the DCF people in jail!? When does irresponsible action by the state constitute kidnaping!?

But there's more.

Carrie had hoped to take the children to her parents' 50th wedding anniversary gathering in her hometown of Emden, Illinois this month. This may be the last time the kids will be able to see their elderly grandparents.

Last November, the Nowatneys gave the DCF the names and addresses of three relatives in Illinois who could act as foster parents during the visit. It took the slugs here in the local DCF office two months to even ask authorities in Illinois to check out the suitability of those homes— while Nathan and Natalie were shuttled from foster home to foster home here.

By comparison, investigators in Illinois have agreed to go out on a weekend to speed up the process.

A sad sidebar to this shocking story is that the Nowatney's fight to get their kids back is virtually bankrupting them.

To help, Key West The Newspaper is a partner is setting up an assistance fund.

Last Sunday, when Natalie and Nathan were able to attend church with their parents, Natalie looked up at her mother and asked, "Mama, Am I Still in Foster Care?"

If you would like to help the Nowatneys win their fight, make your check payable to the "Mama, Am I Still In Foster Care?" Fund and send it to Key West The Newspaper, 422 Fleming St, Key West FL 33040.

Questions: Call me personally at 292-2108. If you're not outraged, you're not paying attention.