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.
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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