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Texas mother fights to regain custody of her child

A mother is fighting with Texas Child Protective Services and facing allegations of medical neglect. Her 4-month-old was placed in temporary foster care, but CPS claims she can restore parental rights at any time after undergoing psychological evaluations, counseling and parenting classes. However, the child's parents have opted to go the legal route to regain custody.

The 4-month-old was born with a cleft palate and Pierre Robin syndrome, a condition that makes her jaw smaller than normal. Both conditions make it hard for the young child to breath, eat and gain weight. The child also suffers from seizures, but doctors have yet to determine the cause.

A seizure that caused the 4-month-old to stop breathing for approximately 30 minutes sparked the family's struggle with CPS. Doctors claimed that the mother lowered the dosage of the medicine prescribed for the child's seizures. The mother claimed that her child was simply passing more fluid than normal, which caused the dosage to be lower than expected. Tests showed that the dosage in the child's body was half a milligram lower than it should be.

Furthering the hospital staff's concern was the mother's demand for her daughter's release to seek a second opinion from another medical professional. According to the mother, doctors tried to switch her child from breast milk to formula without consideration for the child's lactose intolerance. Hospital staff contacted CPS, and CPS officials removed the 4-month-old from her parents' custody over concerns for their readiness to provide medical care.

With the assistance of a family law attorney, this family may be able legally obtain a second opinion to determine if the hospital acted under incorrect assumptions. Those in similar situations may benefit from the same process.

Source: Lubbock Avalanche-Journal, "Texas mother fighting CPS for custody of her child", Ellysa Gonzalez, October 31, 2014

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