CALHOUN, Ga. — Most children have sustained some kind of injury. Perhaps it’s an injury from playing sports or a clumsy fall down the stairs. However, with those injuries, the child is usually old enough to explain what happened.
But Brady and Carrie Timms' son was an infant. When they noticed strange marks on their son, they consulted doctors. One ended up accusing them of abusing their little boy.
Now they're trapped in a debate over what X-rays and medical tests really mean, and what more should be done to figure it out. To the Timms, it's clear, their son’s injuries as an infant were caused by a medical condition, not maltreatment.
Two years later, they’re still fighting to reunite their family.
A Georgia family ripped apart
The couple has had to navigate two kinds of cases: juvenile and criminal.
To resolve the juvenile court case involving the Department of Family and Children Services, known as DFCS, they had to let Brady’s parents take custody of their youngest son, the one at the heart of this case. Their oldest son went to live with his biological mother.
In March, Gordon County District Attorney Samir Patel indicted the couple for aggravated battery and cruelty to children. In this criminal case, which is still ongoing, the couple can’t have any interaction with children younger than 18, including their own, without supervision.
The national organization You Are The Power has started a social media campaign to raise awareness about the family’s fight and several other cases like it in Georgia.
“Our ultimate goal is to make sure all the state officials are aware of this, from the governor on down to the local to the General Assembly,” explained Ryan Ralston, the Georgia director for YATP.
YATP is a grassroots organization that tries to empower people to fight against specific incidents of what they view as government overreach. It was started by Spike Cohen, a businessman and the Libertarian candidate for vice president in 2020.
Cohen is a making a personal appeal to Governor Brian Kemp, calling on him as a father to meet with the Timms and other families like them, to discuss how to prevent parents and medically fragile children from being separated.
Earlier in March, YATP also participated in a fundraiser for the Timms family to help pay for their mounting legal costs. The Timms say that, between the juvenile and criminal court processes, they have spent more than $50,000.
From Atlanta to Boston: A case unchanged
11Alive Investigates started researching the case against Brady and Carrie Timms several months ago. They’ve declined to talk on camera for fear their words will be used against them.
But court and medical documents show the couple started raising questions about their son’s health when he was only a few weeks old. He would get strange reddish, purple markings that would then disappear within 48 hours.
Their pediatrician eventually recommended they visit Children’s Healthcare of Atlanta. It was there a child abuse pediatrician found three fractured ribs.
“If they would have abused him, do you think they would willingly drive him down there?" Connie Miller, the child's great-grandmother, said.
"No, because they had no clue what they were getting ready to face."
It would take months before the court would allow the family to do independent testing to dispute the claims of abuse. In the court order, DFCS was given permission to have a representative present at the medical appointments in Boston, records show.
Miller says DFCS was there with the family when doctors connected the baby’s injuries to a genetic disorder and medical condition.
“And DFCS wouldn’t accept that even though they flew - two of them flew up there for the appointment with them,” said Miller. “So even if you get a diagnosis, people don’t believe it. The court system does not believe it.”
The family says the boy's health remains fragile, although doctors in Atlanta have not requested any additional X-rays to see if he's experienced new fractures since being removed from his parents.
The hurdles of disproving abuse
“There are parents and guardians who abuse their children. And in that instance, DFCS does need to get involved in those cases,” said Ralston. But he quickly adds, “these parents are factually innocent. No crime has been committed.”
11Alive investigative reporter Rebecca Lindstrom pushed back asking, “But how do you prove that?”
“We have a group of legal experts, we have a group of doctors, that specialize in some of these medical conditions that these children have. It's unfortunate right now that juvenile court judges and DFCS, ignore those medical opinions and rely solely on the opinion of these child abuse physicians,” Ralston said.
And that’s where the debate usually rests, within the courts for a judge to decide which medical experts they find the most convincing.
11Alive Investigates reached out to Children’s Healthcare for an interview to better understand the role of child abuse pediatricians. So far, the hospital has declined to speak on camera but did provide a written statement offering background into the training involved in this subspecialty.
It also said: "Child abuse pediatricians utilize a medically-led, multidisciplinary approach when evaluating and diagnosing any form of suspected child abuse, including sexual, physical and neglect, as well as diagnosing accidental injuries and injuries that mimic abuse. They provide medical guidance to Georgia authorities, including law enforcement and Georgia Division of Family and Children Services (DFCS). DFCS determines any next steps with respect to a child’s placement if needed."