This is a follow-up article to the article presented entitled: Texas Senator Exposes Corruption with CPS and Child Abuse Doctors Over Medical Kidnapping of 4-Year-Old Child. link to complete story here
Please note: it is reprinted directly from MedicalKidnap.com. It is being presented here in three installments due to length. This is the 1st installment. The article in its entirety can be found here: link to full article here.
by Texas Home School Coalition Association
On Friday, August 9, a status hearing was held in the Pardo case where the court considered what action steps would have to be taken before Drake could be sent home. Judge Tracy Gray, the same judge who signed the original emergency removal order on June 20, presided over the case. The tone of the hearing was strikingly different than the post-removal July 2 hearing presided over by Judge Michael Chitty, which Senator Bob Hall described as an “egregious injustice.”
While the scope of topics which may be considered at a status hearing is extremely narrow, several startling revelations were still made. Most strikingly, CPS brazenly asked that the court order Ashley and Daniel Pardo to admit to medical child abuse and to having “severe” mental health problems before they could have their son returned to them.
Nearly as incredible was when CPS was asked on the stand whether they had followed the required legal process in the construction of their recommendations for how the family could have their son returned home. When asked if they had followed CPS rules, along with state and federal law, the CPS caseworker responded “no.” The law requires that CPS develop the recommendations collaboratively with the family. Instead, CPS brought their pre-printed plan (which included a required admission of guilt) to the July 23 meeting with the family and then accused the family of “not cooperating” when they rejected the plan.
The Attorney Ad. Litem also asked the court to prohibit THSC from posting any updates about the case on social media, something the court has no jurisdiction to do because THSC is not a party to the case.
Judge Tracy Gray chastised CPS for the ridiculous list of requests included in their report to the court. Judge Gray threw out every item challenged by the family’s attorneys, ordered CPS to “expedite” their efforts to place Drake with family or friends, and to start allowing the family to bring a third party witness to visits with Drake, something CPS has prohibited thus far.
While the hearing was a great success for the family, there is still a long way to go. Judge Gray clearly appeared frustrated by CPS’ brazenly unconstitutional requests (like a court-ordered admission of guilt). This offers a ray of hope that CPS may not be able to continue getting away with their illegal actions.
Intervention from the Dallas Court of Appeals:
On August 2, Ashley and Daniel Pardo requested emergency intervention by the Dallas Court of Appeals after their son, Drake Pardo (age four), was illegally taken from his family by Child Protective Services (CPS) on June 20.
The family filed two motions asking the Court of Appeals to intervene on an emergency basis to stop the abuse being allowed by district Judge Michael Chitty. The family’s first motion was a petition for Mandamus, asking the appellate court to return Drake home and detailing how Judge Chitty abused his discretion by removing Drake from Ashely and Daniel without any evidence against them.
In their second motion, the family filed an emergency Motion To Suspend, asking the court to immediately dismiss Judge Chitty’s latest order on the basis that it was illegally issued and it harms the rights of Ashley, Daniel, and Drake.
According to the family’s Mandamus petition, “The trial court is supposed to be the gatekeeper to ensure that actions taken by CPS conform to Texas Constitutional and statutory law, and the trial court utterly failed to perform that vital function.” If the appellate court grants the emergency orders the family could get immediate relief and have their son returned home. If not, the family may have to seek emergency assistance from the Texas Supreme Court.
On August 5, CPS filed a response to the family’s second emergency motion. In their response, CPS argues that Ashley and Daniel have nothing to complain about because Drake is receiving the same medical care which Ashley and Daniel would have given him. The response details repeatedly how the family has agreed to every medical recommendation being suggested for Drake and how the parents stated to the court that they plan to follow all recommendations from Drake’s doctors. CPS argues that because CPS and the parents plan to give Drake identical medical care, that therefore no harm is done by Drake remaining in state custody.
In essence, CPS claims that because the state is handling Drake’s medal needs the same way Drake’s actual parents had planned to, that he might as well remain in state custody. It’s hard to imagine a more callous view of family rights than this.
Apparently, the state does not believe that removing a child from his home or his family has any negative effect that the appellate court should consider.
The Court of Appeals has ordered CPS to file a response to the family’s petition for Mandamus by August 12 and will likely rule on the Motion to Suspend within the next few days.
(end 1st installment)
