Houston mom wanting to set the record straight about her 'missing' 10-year-old son

HOUSTON, Texas (KTRK) -- A child protective case involving 10-year-old Ma'lik Bates resulted in a mistrial on Jan. 30, according to court documents.

However, when he and his mother saw that he was "missing" while watching ABC 13 Eyewitness News at 4 p.m., his mom panicked and sent a text message to her lawyer Julie Ketterman.

"It surprises me that CPS would put that on the television because it shows them to be negligent if a 10-year-old is missing for eight or nine months. I think they are kind of late in broadcasting it," said Ketterman.

She said last summer, while Ma'lik was in CPS custody, he got off the school bus and went straight to his mother's home.

He has been in her care the entire time, she said, all the while his case continued to be heard.

"Everybody knew where he was. For some reason, CPS did not take the appropriate steps," said Ketterman. "They want a reason to pick this child back up again."

In a statement, CPS said:

The case has not been dismissed, the child is still in the legal custody of CPS and we are awaiting the next court date.

It is alleged that Ma'Lik is with his mother, but, we do not know that for sure. That is the reason the missing child report was filed. We are concerned about his welfare. As his legal guardian, we have not only the right, but the legal obligation to see him, talk to him, and ensure that he is safe and well-cared for.

Right now we are working with our attorney to determine the next steps we can take.

Ketterman said, unfortunately, the damage is done and is now looking ahead to help clear this up.

"I'm gonna request sanctions," she said. "They can't get away with this."