A Smithfield man this morning filed a federal lawsuit against Fayette County Children and Youth Services alleging that the agency removed his children from him -- and has forbidden contact with them for nearly a year -- even though there were no allegations of any kind of abuse against them.

Filed on his behalf by the American Civil Liberties Foundation of Pennsylvania, the lawsuit seeks a temporary restraining order that

would prohibit CYS from placing -- or threatening to place -- his children, who are staying with his parents, in foster care.

The plaintiff is listed as "John Doe" in the lawsuit to protect his children, who are 8, 6 and 5 years old.

According to the complaint, the problems began in September 2006, after Mr. Doe had a brief, consensual relationship with a 16-year-old girl, identified by the initials "K.K." He was 27 at the time and separated from his wife, who is currently a psychiatric patient at Torrance State Hospital and has resided there since February 2008.

When the girl's mother found out, she first went to the police. But, the lawsuit contends, the police told the woman there was nothing they could do because the age of consent in Pennsylvania is 16. The mother then went to Fayette County Children and Youth Services, alleging sexual abuse of her daughter, who at one time had babysat for Mr. Doe.

"K.K. and [Mr. Doe] deliberately waited until K.K.'s 16th birthday to initiate a sexual relationship, as they had called the Crime Victims Center to inquire about the age of consent in the state of Pennsylvania," the lawsuit claims.

However, CYS immediately initiated an investigation of Mr. Doe.

"Despite the fact that no one, including FCCYS, had alleged that Doe had abused or posed a danger to his own children," a caseworker there called him at 10:30 p.m. on Sept. 22, 2006, to ask if there was anywhere his children could stay for the duration of the 60-day investigation, according to the lawsuit.

The caseworker also told him that if the children continued to live with him, they would be removed and placed in emergency foster care.

"At no point during the phone call did [the caseworker] inform [Mr. Doe] that -- unless the children were in imminent danger of abuse -- defendants would be required by Pennsylvania law to seek a court order before taking his children into state custody and that [he] would have the right to a hearing with an attorney before a court order would issue," the lawsuit claims.

Mr. Doe sent the children to stay with his parents, and he was permitted supervised visits with them. According to the 16-page complaint, each day he went directly from his job as a garbage collector to their house and visited with the children until they went to bed.

That arrangement continued from Sept. 26, 2006, until Aug. 1, 2007, when a new caseworker took over.

That night, the new caseworker showed up at the parents' home at 10 p.m. and told them that Mr. Doe had been "indicated as a perpetrator of sexual abuse," and that even supervised visitation was prohibited.

Mr. Doe has not seen or had any contact with his children since then.

The caseworker, "also warned plaintiff's mother that if she allowed plaintiff to have contact with his children, FCCYS would remove the children," the lawsuit contends. His mother was also told that he would not be permitted contact unless he successfully completed a sexual offender treatment program.

He attended one class -- after which the therapist labeled him "a low risk of sexual abuse with pre-pubescent children" -- but learned at that session that he would be required to admit to being a perpetrator of sexual abuse.

"Plaintiff refuses to state that he is a perpetrator of sexual abuse, as he disputes defendants' claim that his relationship with K.K. constituted sexual abuse under the law and contests defendants' contention that he is a perpetrator as that term is defined in the Child Protective Services Act."

Further, the attorney representing Mr. Doe in the sexual abuse case with CYS told him he should not admit to such a thing because it could adversely impact his appeal.

On Sept. 18, 2007, Mr. Doe received a letter informing him that his case is closed. It states: "Since you are an indicated perpetrator of sexual abuse against a child and are not currently participating in a sex offender's program, it is our policy that you can

have no contact with any child. The current safety plan which states that you can have no contact with [them] will remain in effect until further notice from Fayette County Children and Youth Services."

David L. Madison, the administrator at Fayette County CYS, said he had not yet seen the lawsuit and could not comment.

More details in tomorrow's Pittsburgh Post-Gazette.