Couple files lawsuit, alleges CYF took their daughter because they are intellectually disabled

ALLEGHENY COUNTY, Pa. — A recently filed lawsuit alleges the Allegheny County Office of Children Youth and Families (CYF) intentionally discriminated against an intellectually disabled couple so a non-disabled couple could adopt their child.

The lawsuit filed on behalf of Andrew and Lauren Hackney on Feb. 29 names Allegheny County, three CYF caseworkers and three CYF supervisors as defendants. It accuses the defendants of violating the Hackney’s due process rights, conspiring to interfere with their civil rights and discriminating against them because of their disabilities.

The lawsuit claims the Hackneys’ infant daughter was removed from their care in November 2021, after they took her to a pediatrician because she was refusing her bottle. Their daughter was hospitalized for dehydration and CYF became involved when a nurse submitted a ChildLine tip regarding the Hackneys’ intellectual disabilities and how that may impact their ability to care for their child.

“Our hearts were kind of heartbroken when she was taken away,” said Lauren Hackney.

Andrew is diagnosed with borderline intellectual functioning and post-stroke neurocognitive disorder. Lauren is diagnosed with a mild intellectual disability and anxiety.

The infant was placed in foster care and the lawsuit claims that for the last two years, the Hackneys “have complied with CYF’s ever-increasing demands,” like driving hundreds of hours to supervised visitations, working with parenting coaches and disability support specialists, submitted to psychological evaluations and intelligence tests, and testified at hearings. Despite that, their daughter was adopted by her foster parents.

“The Hackneys are good parents who did nothing wrong. They took their baby to the doctor when she got sick, like any parent would do. Yet CYF took their baby away and gave her to someone else, and there was nothing the Hackneys could do to stop it. Every parent in the United States should be shocked and terrified by this case,” attorney Margaret S. Coleman of O’Brien Coleman & Wright said.

“As parents, we are missing out on stuff with her and watching her growing up and watching her being who she is in her childhood,” Lauren Hackney said.

The lawsuit claims “CYF and its caseworkers have actively undermined them [the Hackneys] and prevented them from reuniting with their daughter.” A complaint alleges CYF repeatedly provided false and misleading evidence at court hearings about the Hackneys’ ability to care for their daughter, suppressed positive evidence of their ability to parent, insisted they take part in disability-related services but prevented them from getting the services, ignored court orders and opposed efforts toward reunification.

“CYF has imposed onerous expectations and requirements on the Hackneys that go well beyond ordinary parental expectations. CYF reports them as ‘non-compliant’ when they fall short of its unreasonable demands. When they meet those demands, CYF raises the bar and demands more,” the complaint states in part.

The lawsuit calls CYF’s actions against the Hackneys as “cruel, unjust, and unconscionable.”

Channel 11 reached out to the county and a spokesperson said they do not comment on pending litigation.

Read the complaint in full below.

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