Parents not present at emergency custody hearing for boys left at Houston fire station

HOUSTON (KTRK) -- The two boys left Monday at a Houston fire station by their mother and father have been placed into temporary emergency custody of the State of Texas.

Neither the mother nor biological father of the boys appeared at the custody hearing. Court records identify them as Jasmin Jones, 22, and John Lee Smith, 31.

Judge Mike Schneider made the ruling after Child Protective Services told him of two prior open neglect investigations. According to CPS case workers, the mother tested positive for cocaine, benzodiazepine and marijuana just last month. Court records indicate the boys were placed with the father as a result, with a family friend serving as an in-home monitor. That monitor told investigators he became sick with fever Sunday and took the children to their mother as he could not care for them.

Firefighters told us Jones said upon arrival at the fire station that she had just been in an argument Smith and that he allegedly told her he didn't want the children any more.

Investigators say she left the boys - aged 3 years & 14 months -- at station 73 off Wilcrest yesterday. She also left a stroller & diapers and the fire department says she told them she was overwhelmed. Case workers say the older boy has Autism.

Texas has a Safe Haven, or Baby Moses Law, which allows parents to leave babies 60 days or younger at any fire station, hospital or EMS station across the state without facing legal repercussions. Neither child fits the criteria. It's not clear if the mother or father will face any criminal charges in this case. The Houston Police Department is investigating.

Another court hearing regarding future custody of the children is set for September 21.