The Collin County Observer

On March 14, 2007 a 20 year old Spanish speaking woman went to a hospital emergency room because of abdominal pain and bleeding.

Doctors at the hospital told her she was pregnant and about to have a breech birth. The young lady had no idea she was pregnant, and never had been pregnant before.

Doctors preformed an emergency cesarean section, delivering a healthy baby boy.

Immediately after her surgery, while the mother was still in recovery, someone at the hospital heard her say, in Spanish, that she did not want a baby. Within 2 hours though, she did say she did want to keep her baby. Hospital staff called Family Protective Services (FPS) because they were concerned that the mother was not bonding with her son.

Since that date, based on a statement made after surgery, FPS has not let the mother have possession of nor have any unsupervised visits with her baby.

In February of 2008, FPS who still had possession of the child, asked Collin County District Judge Cynthia Wheless to extend their Orders of Possession. The mother objected, but Judge Wheless granted a 3 month extension, writing in her opinion that the petitioner [FPS] "can state that it's in the best interest of the child and the Court must grant the extension".

In other words, no matter what the mother says or does, if FPS says its in the best interest of the child, Judge Wheless will keep the child in state custody!

FPS admitted that the mother had stable employment, no criminal history and was not a drug or alcohol user.

Nevertheless, FPS then filed papers in Judge Cynthia Wheless' 417th District Court to permanently terminate the mother's rights.

A trial was held on June 4, 2008 and while the jury found no physical or emotional endangerment of the baby, they terminated the mother's parental rights because she “failed to comply with the provisions of a court order that specifically established the actions necessary for [her] to obtain the return of [the baby].”

So in Collin County a child can be forever taken from his mother simply because of a statement the mother made while recovering from anesthesia and emergency surgery. The mother may have a job, and no history of abuse or criminal conduct, but if she even once says in Spanish that she doesn't want to be a mother, Judge Wheless and the State of Texas will take her baby forever.

The good news here is that last Thursday, May 14th, the 5th Court of Appeals in Dallas overturned the jury's verdict and Judge Wheless' orders.

It was interesting to me that the Court of Appeals ignored all questions of fitness of the mother, and ruled that Judge Wheless' court "abused its discretion" in the February decision to extend FPS's protection for 3 months.

The Court of Appeals then overturned the termination of parental rights.

Bill

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Notes:

Decision of the 5th Court of Appeals, In re JGH, Case number
05-08-00875-CV