Waltham incident sparks lawsuit against DCF

A 2022 incident in Waltham is at the center of a recently filed lawsuit against the state’s Department of Children and Families.

Josh Sabey and Sarah Perkins had their two sons removed in the middle of the night from their Waltham apartment in July 2022, following a July 13 trip to the emergency room for their infant son.

According to court documents and news reports from that time, emergency room clinicians discovered a fracture that they suspected could have been caused by abuse and alerted DCF. 

DCF responded, questioning both parents and their 3-year-old son. DCF established a safety plan with the couple that allowed the children to remain in their parents’ custody but required regular family check-ins with the agency.

However, Waltham police officers and social workers removed both children the same night their son was discharged from the hospital — despite the couple’s compliance with all the requirements specified in DCF’s safety plan. 

Sabey and Perkins regained full custody of their sons four months later but said the removal caused lasting behavioral and psychological impacts on their children. 

Now living in Idaho, Sabey and Perkins allege in their lawsuit that DCF violated their constitutional and parental rights during the overnight removal operation. 

In a preliminary hearing, U.S. District Court Judge Patti Saris ruled that Katheryn Butterfield and Candice Gemski, both senior-level DCF employees, can be taken to court over the couple’s claim of constitutional violation. All others named in the lawsuit, including Waltham police officers Anthony Scichilone, Richard Couture, Elias Makrigianis and Stefano Visco, were given qualified immunity. The lawsuit is expected to advance within the coming months.