Couples Fight to Regain Newborns Taken by DCFS Over False Allegations

Proposed legislation aims to overhaul stipulation process that parents say leads to wrongful child removals.

Published on Feb. 26, 2026

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Two couples in Illinois and Wisconsin say their newborn babies were wrongfully taken by the Department of Children and Family Services (DCFS) just hours after birth due to false allegations and a problematic stipulation process that parents are often pressured to accept without fully understanding the consequences. The couples are now fighting to regain custody of their children, as a state legislator introduces a bill to reform the stipulation process.

Why it matters

These cases highlight ongoing concerns about the DCFS system potentially separating families based on unproven allegations, as well as the need to ensure due process and parental rights are protected, especially in sensitive situations involving newborns.

The details

In one case, Lakeith and Mykel Ray's newborn son was taken by police just hours after his birth due to a DCFS hotline call from six years earlier, even though the Rays say they were never informed of the specific allegations against them. In another case, Nita P. and Earl T.'s newborn was taken at a hospital in Illinois while the family was just passing through, based on an allegation of possible drugs in the baby's system that was later contradicted by further testing. Both couples say they were pressured to 'stipulate' to certain facts without fully understanding the consequences, which ultimately led to their children being removed.

  • On January 3, the Ray family welcomed their newborn son.
  • Hours after the birth, DCFS came to take the baby, and police eventually removed him from Mykel's arms.
  • In August, Nita P. and Earl T.'s newborn was taken from them at a hospital in Harvey, Illinois.
  • The proposed House Bill 5254 to overhaul the stipulation process was introduced this month and referred to the rules committee.

The players

Lakeith and Mykel Ray

A couple in Illinois who had their newborn son taken by DCFS and police just hours after his birth on January 3.

Nita P. and Earl T.

A couple from Wisconsin who had their newborn son taken from them at a hospital in Harvey, Illinois in August while passing through the state.

Rep. Jed Davis (R-Yorkville)

An Illinois state legislator who introduced House Bill 5254 to overhaul the DCFS stipulation process that he calls a "due process crisis."

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What they’re saying

“It was just ... heartbreaking. I was not able to breastfeed. I wasn't able to bond.”

— Mykel Ray (cbsnews.com)

“We wouldn't have been in this situation. Our kids would have been home. This case would have been over with ... years ago.”

— Lakeith Ray (cbsnews.com)

“It felt like, you know, like we was in another country, like, like, this couldn't possibly be America.”

— Earl T. (cbsnews.com)

“Parents are just kind of signing off on these allegations without fully realizing it.”

— Rep. Jed Davis, State Representative (R-Yorkville) (cbsnews.com)

What’s next

The proposed House Bill 5254 to overhaul the DCFS stipulation process will be further discussed in the Illinois state legislature's rules committee.

The takeaway

These cases underscore the need for greater protections of due process and parental rights within the DCFS system, to ensure families are not wrongfully separated based on unproven allegations and a problematic stipulation process that parents may not fully understand.