Blogs by Deborah K. Frontiera
Fighting CPS
10/12/2016 6:15:21 AM
The purpose of this blog has been to provide updates on some of the cases I reported in my book (Fighting CPS: Guilty Until Proven Innocent of Child Protective Services Charges ISBN 9-780-9800061-6-2) that had not been resolved when the book went to press, and to report other cases where CPS is not working up to par. I’d also like to hear about cases in which Child Protective Services did the right thing so those cases can serve as examples of what should be done. Occasionally, I will report helpful tips and web sites with advice on fighting CPS. To comment on this blog, or to tell your story, email Deborah Frontiera at frontiera.fightingcps.deborah.gmail.com
The following story was found on Fox 26, Houston. Aug 15 2016 09:50PM CDT. Aug 15 2016 09:50PM CDT. It’s a story worth repeating—another example of CPS not following common sense. Another time when CPS wasted everyone’s time, and parents nearly go bankrupt defending themselves. Yet, as you’ll see in the end, CPS doesn’t consider it “wasted time”—maybe not from their perspective, but what about the family? Yet more victims are created AGAIN:
“It all started late last year when Marks says her 11-year-old son who has behavioral issues threw a fit and she accidentally poked him in the eye. The boy called the cops and told them she did it on purpose.
CPS knew police didn’t believe the boy and the state agency was even aware of his behavioral issues. Still CPS wanted to take all three of Marks’ children away from her.
“He didn’t require medical attention but they made this big thing out of it,” Marks said.
“It was an accidental poke in the eye and turned into removing three children, one a little baby and going to court for an emergency removal and taking it from there,” said attorney Jon Parchman.
Parchman says CPS’s emergency hearing earlier this year to place all three of Mark’s children into protective custody was not only unnecessary it was CPS’s way of retaliating against his client. Parchman filed an appeal. It was denied but one judge had a dissenting opinion.
“That particular judge agreed with us that there wasn’t an emergency and the children should have never been removed in the first place,” Parchman said. “And additionally, the children shouldn’t have stayed in CPS custody.” Marks says CPS kept coming after her even after her son told them the truth.
“And he told the case worker in April that I did not do it on purpose that it was an accident,” Marks said. Still CPS would keep the case going for four more months. Recently CPS filed a non-suit meaning the state agency has dismissed the case.
“What’s unfortunate is any recuperation of her fees,” Parchman said “She has to spend all of this money to defend herself and when CPS is wrong they just say: oops we’re wrong, see you later have a nice day.”
This is CPS’s response:
“Often when there are concerns about abuse or neglect in a home and we cannot find appropriate relatives we bring them into the care of CPS. Parents are asked to complete certain services or steps during that time to ensure the child will not be at risk when and if placed back in the home. CPS does not consider this wasted time. We want to make sure that the home environment is safe for the child’s return and how to keep the child safe and prevent further CPS involvement.”
CPS officials also point out in every case where children are removed, they file to terminate parental rights.
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