Texas Judge Reprimands CPS In Removal Case

HOUSTON (AP) – A Houston judge has reprimanded Texas Child Protective Services for not justifying removal of premature infant twins from their parents’ custody.

The Houston Chronicle reports state District Judge Michael Schneider called CPS removal of the infant daughters of Darcy and Tye Miller of Spring a “groundless cause of action” and ordered the agency to pay their $32,000 legal bill

Darcy Miller brought one of the girls to the hospital with a case of bronchitis, and a chest X-ray showed several healing rib fractures. At CPS request the Millers agreed to place their three children with in-laws, but CPS took emergency custody of their three children anyway.

After a court-appointed attorney for the children agreed abuse wasn’t proved, Schneider ruled CPS acted in bad faith and returned the children.

(Copyright 2011 by The Associated Press.  All Rights Reserved.)

  • http://fortworthinsight.com/news/judge-reprimands-cps-in-removal-case/ Judge Reprimands CPS In Removal Case « Fort Worth News Feeds

    […] Judge Reprimands CPS In Removal Case A Houston judge has reprimanded Texas Child Protective Services for not justifying removal of premature infant twins from their parents’ custody. Go to News Source […]

  • alana

    CPS is only doing their job. The baby had several healed fractured ribs. That sure sounds like abuse to me. Whatever it takes to get the babies out of harms way until an investigation is done is what has to happen. Get over it judge. Babies should not have fractured ribs. Explain that before you start feeling sorry for the parents.

    • Ted

      You sound like a republican tea terrorist !

      • RNNTEXAS

        I don’t think it is the Republicans taking rights away, or indicating that rights are bestowed or removed on the whim of government. (as was recently indicated by a NJ senator)

      • opinionsforall

        Democrats are idiots,therefore terrorists!

      • Nonya

        Wow Ted, that’s a weapons grade stupid remark. What do you have to back up your assumption?

    • DallasKolev

      As a nurse, I see many patients who have developed spontaneous rib fractures with lung diseases, like the one mentioned in the article “bronchitis.” It may sound like abuse to you alana, but I would require additional information prior to making that assumption.

  • nunya business

    Premature mean that the babies was not fully developed meaning it could have happen when babies was delivered or when the babies start coughing with the bronchitis


    Forgive me for taking the time to respond to such political dogging. Politics have no place in this discussion.
    I am an RN, as indicated, and yes, ribs can spontaneously fracture during coughing, and *premature babies can have their ribs fractured (hairline cracks) simply by being picked up by someone the wrong way.

    There should have been more leeway given. A child can and should be placed safely in a familiar surrounding if one exists before being traumatized by a foster home. Has anyone done any research on those and the abuse that occurs in THOSE? Please.

  • Don "Crude" Craig

    Thank you RNNTEXAS and DallasKolev! Reassuring to see that there are some nurses being practical instead of those that call out “Abuse” when there actually hasn’t been.

    Too many families have been ripped apart without just cause by CPS.

    Again, my thanks and I hope that there are many more like you two.

    • Spring

      I agree. CPS placed the children with their grandparents before putting them into foster care. What grounds did CPS have to remove the children from their grandsparents care while they investigated the parents? Having heard other CPS horror stories, my guess is that these are babies…. and CPS has waiting lists for babies!! This family is blessed that they had the means to prove their side in court. Many less privilaged families never get that opportunity and lose their children. This agency cannot be sued and therefore continues to play by its own rules.

  • 2sister

    There are several questions that need to be asked before we can make informed comments.

    Did CPS look at other alternatives before placing them in foster care?
    Did they consider are or experts if those fractures could have been caused by the bronchitis?
    Was the doctor who treated them in the hospital knowledgeable about premature babies?
    Why did the renege on the original placement agreement?

    If CPS didn’t consider these or related questions, then they should have been reprimanded.

    • 2sister

      Oops this is what my second question in my previous reply should have said”

      Did they consider or ask experts if those fractures could have been caused by the bronchitis?

  • texas heartland

    Big brother at work again…They were not looking out for the welfare of those children or they would have left them with family while they investagated. They just wanted to flex their muscle. While I know we have need of CPS there needs to be a system of checks and balances so good people dont get sucked into this mess.

  • Mesquitegal

    I watched a family go thru the ABUSE label when one of their children was born with a bone problem. I agree if there is abuse that CPS needs to take charge. But, too many doctors are getting too quick to push that button and it causes Irreparable damage to the family. If you ARE going to scream Abuse, make sure it REALLY is!!

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