Do parents need a lawyer to
protect their children and their family from separation by the state? The Texas case of the Pardo family exposes
that every family at least needs to know a good lawyer to call any time,
particularly when Child Protective Services (CPS) may assert that it is
protecting a child.
As reported by CBN News, “the Pardos' battle with CPS began in June when
CPS representatives, aided by uniformed police, entered the Pardo home and
seized their four-year-old son, Drake, taking him into protective custody. The
Pardos say authorities did this with no explanation, with no one telling them
why or giving them any information about the allegations against them.”
Apparently, CPS claimed the
couple was guilty of medical child abuse, but not for depriving their fragile
son of medical treatment. Rather, they were accused of seeking medical care the
child did not need. It seems that when the family wanted a second medical opinion
the first doctor handed Drake's medical files over to the "Child
Abuse" office of the hospital, “setting in motion the process that
culminated in that momentous knock on the door and with the state of Texas
taking a child from his parents, even though there had never been a whiff of
abuse in the family.”
From there, as the Pardos went to
court to fight for their son, "it became clear that all medical care Drake
had ever received had been prescribed by his attending physicians, none of whom
CPS had ever spoken to before deciding to remove him from his home,"
according to Texas Home School Coalition, who fought on behalf of the Pardos
throughout this ordeal. CBN reports, “The facts, it seemed, never entered into the actions
taken by Child Protective Services. The agency continued to doggedly pursue its
case and kept Drake in foster care until the Texas Supreme Court ordered him
released to his parents on October 24th. Even then, CPS refused to dismiss the
case. That is until Tuesday, December 3rd, when Judge Gray signed the dismissal
order.” The president of the Texas Home School Coalition, the organization that
supplied legal counsel to the Pardos, said, "We're really happy for the
family," according to The Texan. "It's a
total travesty that this case ever came to this point."
Now the concern by parents everywhere
should be that this kind of abusive action does not happen to other families. At Regent Law students in the
Family Law course are learning how to represent parents based on the
fundamental constitutional principle that parents have the right to direct the upbringing
of their children. Here, future lawyers
are trained to be ready when a family needs one.
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