Sunday, March 27, 2011


Judge comes down on Texas CPS in twins case
Rushed casework by Texas Child Protective Services resulted in a rare if not unprecedented legal sanction against the agency Friday for trying to take premature infant twins from their parents without proving it was justified.

Not only did state District Judge Michael Schneider rule against CPS for what he termed a "groundless cause of action," he ordered that $32,000 of the Spring family's attorney fees be paid by the agency.

And as if to drive his point home, he ordered the caseworker and her supervisor to write the court a report proving they understand the state's child removal statutes within 30 days....

...The Millers cooperated, but also contacted an attorney to advise them of the process. Five days later, they were notified that CPS had requested — and been granted — legal custody of all three children on an emergency basis.

Neither the Millers nor their attorney, Dennis Slate, were notified of the custody hearing. Nor was Judge Schneider informed that the agency made a voluntary agreement with the family, which could have changed his mind about granting legal custody to CPS so quickly....