Judge reprimands CPS for Spring kids' removal
HOUSTON
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, the Houston Chronicle reported in its Sunday editions.
Schneider also ordered the caseworker in the Millers' case and
her supervisor to write a report for the court within 30 days to
prove their understanding of the state's child removal laws.
"The offensive conduct by (CPS) has significantly interfered
with the legitimate exercise of the traditional core functions of
this court," Schneider wrote in a 13-page order filed Friday.
According to court documents, the twins were born in December,
and the Millers had taken them to their pediatrician almost weekly
because of concerns about their weight. When their son developed
bronchitis and passed it on to one of the girls, Darcy Miller took
her to a suburban Houston hospital. After she was moved to Texas
Children's Hospital when her condition didn't improve, a Jan. 27
chest X-ray showed several healing rib fractures.
Doctors confronted the mother and asked if she knew how they got
there. When she said she didn't, CPS was called, and after X-rays
of the other twin showed fractures in the same place as her
sister's, a caseworker asked the Millers to voluntarily place all
three of their children in the custody of relatives.
Five days later, the Millers were notified that CPS had sought
and obtained custody of the children. Schneider says CPS did not
notify the parents of the custody hearing or inform the judge of
the voluntary custody arrangement it had agreed to with the
Millers.
The Millers fought for return of their children, and Evan Glick,
court-appointed attorney for the children, sided with the couple.
Schneider concluded that CPS had acted in bad faith by seeking
the temporary emergency custody order without informing the Millers
of their actions.
"I completely agree with what Judge Schneider did," Glick told
the Chronicle. "I think CPS ... just rushed this. They breached
their own agreement."
Also, an expert witness the Millers hired, Dr. Charles Hyman,
offered "reasonable medical evidence" to the court that showed
the fractures could have been caused by lifting the children, Glick
said. Hyman also concluded that no abuse had occurred because of
the absence of bruising or internal bleeding and lack of
information on when the fractures happened,
Hospital officials declined to comment specifically on the case
but said in a statement to the Chronicle that it acted purely in
good faith and with concern for the children's safety and welfare.
CPS and the Texas Attorney General's office are considering an
appeal, said agency spokesman Patrick Crimmins.
