The recent lawsuit filed by Matthew and Tuckey Hernandez has ignited controversy regarding the Georgia Department of Family and Children Services (DFCS) and its interaction with families in child abuse cases.
The couple alleges that both DFCS and pediatric medical professionals worked in tandem to unjustly strip them of their parental rights while neglecting the medical needs of their daughter, Emma Hernandez.
Emma, born in March 2023, faced health issues after a difficult delivery, prompting her parents to seek medical assistance from Children’s Healthcare of Atlanta in June 2023 when they noticed a swollen leg and a bruise behind her ear.
After examining Emma, a child abuse pediatrician allegedly jumped to the conclusion that she was a victim of abuse, which set off a series of events involving DFCS and law enforcement. The family claims Tuckey Hernandez was ambushed at the hospital, leading to her arrest.
Tuckey Hernandez spent several days in jail and was barred from contacting her children or husband upon her release. The lawsuit contends that their children were initially placed with an aunt and uncle before being shuffled through multiple foster homes.
The plight of the Hernandez family raises alarm, especially as their lawsuit follows heightened scrutiny of DFCS by state legislators concerned about potential overreach.
Legislators have voiced concerns that DFCS is seeking expanded powers that may lead to unwarranted interventions in family life. A recent incident involving a child wandering close to home has added to the scrutiny of the agency.
Furthermore, the Hernandez family’s grievances highlight existing criticisms around how child abuse pediatricians may operate within hospital settings as both medical professionals and de facto agents for law enforcement and child protective services.
A similar case in Florida drew attention after a jury awarded the family of Maya Kowalski over $200 million, which was later transformed into the Netflix documentary “Take Care of Maya.” This case spotlighted widespread issues surrounding wrongful allegations of child abuse or neglect based on medically inconclusive evidence.
According to the Family Justice Resource Center, many families are left traumatized and struggle for vindication against allegations fueled by child abuse pediatricians.
In their case, the Hernandez family claims that Emma’s injuries were exacerbated during the time she was removed from their care. In the months following the pediatrician’s diagnosis, Emma was later diagnosed with a medical condition in February 2024 that causes discoloration in her extremities.
Matthew and Tuckey Hernandez vehemently contest the charges against them, having been indicted in December 2023 for alleged child abuse. They maintain their innocence.
As of May 2025, both Matthew and Tuckey Hernandez were found not guilty on two counts each of felony cruelty to children and aggravated battery-family violence, a conclusion that has fueled their claims of injustice.
The couple’s legal action points out a troubling pattern, accusing DFCS of mishandling their case by allowing their children to be taken out of state without consent. Moreover, they allege that invasive medical procedures—including unnecessary pelvic examinations and vaccinations—were conducted on Emma without their knowledge.
The state department is also accused of retaliating against a foster couple who advocated for the Hernandez family by reporting concerns about Emma’s treatment and care.
In light of these grave accusations, a spokesperson for the Georgia Department of Human Services indicated they could not discuss ongoing litigation but confirmed they had not yet been formally served with the complaint.
As this case unfolds, there is a growing dialogue in Georgia about the balance between protecting vulnerable children and the potential for overreach by organizations meant to support families.
image source from：ajc
