Texas Family Fighting “Child Protective Services” To Get Son Back

In what’s becoming an all-too-common occurrence, another family is fighting state authorities over what they view as an illegal kidnapping of their child. This time, it’s the Pardo family in Texas, whose 4 year old son, Drake, was taken by Child Protective Services. CPS officials claimed Drake was being abused by his parents, Daniel and Ashley. Except CPS couldn’t prove any of their claims and were caught lying multiple times during the court proceedings. 

But the judges have sided with CPS so far.

Apparently this all started when a Dr. Dakil at Children’s Medical Center in Dallas, who had never examined or even seen Drake, did a “partial review” of some of the child’s medical records and reported the family to CPS. CPS workers and police officers then stormed into the family home to forcibly remove Drake from his parents and siblings.

 

The website created to raise awareness and bring attention to high ranking politicians to help the Pardo’s get their son back reads:

9 Weeks Ago 4-Year-Old Drake Pardo Was Illegally Removed. Not by a drug cartel. Not by human traffickers. He was ripped from his home… by the State of Texas.

Drake was a happy 4-year-old with loving parents and 2 older siblings.

The Pardos live in East Texas. Drake’s father, Daniel, is a mechanic and his mom, Ashley, homeschools all 3 children.

For Drake, life was happy. Until one day…

On June 20th Drake was Taken… The State of Texas removed Drake claiming it was an emergency. They claimed he was in danger. Yet once the State got to court— all of their claims fell apart.

Lie #1: Child Protective Services (CPS) claimed they had to remove Drake because his parents didn’t attend a meeting with CPS and the Hospital on June 10th.

Truth: The Pardos didn’t attend the meeting because they weren’t invited.

Truth: The CPS caseworker admitted under oath that she intentionally didn’t tell Drake’s parents about the meeting.

Truth: CPS admitted under oath that they never met with Drake’s parents before they removed Drake.

Truth: CPS admitted under oath that they never even met Drake before they removed him.

But CPS took Drake anyway?

Lie #2: CPS claimed they had to remove Drake because of a doctor’s concerns.

Truth: The same doctor admitted under oath that she had never read all of Drake’s medical records.

Truth: The same doctor admitted under oath that she had never even met Drake or seen him in person.

Truth: The same doctor admitted under oath that she never thought there was an emergency.

Truth: The same doctor admitted under oath that she had never asked for Drake to be removed.

But CPS took Drake anyway?

The page goes on to say:

The judge issued a gag order on the parents and prohibited them from speaking out publicly.

If they tell their friends, speak to the media, or even post on Instagram or Facebook about their son being taken away… they could be thrown in jail.

There’s also a portion on the website where you can sign the petition to bring Drake back home and send a letter to elected officials such as Governor Greg Abbot and Senator Ted Cruz. There’s also a complete timeline of the ordeal.

Being forbidden from talking about the case, one of their friends has harnessed the power of social media to help the family out. The Texas Home School Coalition posted this video:

The family even took cell phone video of the encounter with CPS officials and the police taking their child away.

The Texan reports on the latest as of August 23rd:

This week, the Fifth Court of Appeals in Dallas denied the petition for a writ of mandamus filed for the Pardo family. The court’s opinion stated, “After reviewing the petition and mandamus record, we conclude relators have not shown they are entitled to the relief requested.” The opinion did not include any further elaboration on the reasoning behind their decision.

With the recent ruling, the family’s lawyers have said that they plan to file a petition for mandamus with the Texas Supreme Court.

In one reply that the Pardo’s lawyers submitted to the court, they stated, “Logically, a person cannot prove a negative (what did not happen; what psychological condition they do not have), which is why in the U.S. legal system the accusing party is burdened with proving what did happen. The trial court’s order invokes a guilty-until-proven-innocent paradigm, and equates ‘failure to cooperate’ in unfounded, intrusive investigations with an ‘emergency’ unless and until the parents prove there is no emergency.”

This week, the Fifth Court of Appeals in Dallas denied the petition for a writ of mandamus filed for the Pardo family. The court’s opinion stated, “After reviewing the petition and mandamus record, we conclude relators have not shown they are entitled to the relief requested.” The opinion did not include any further elaboration on the reasoning behind their decision.

With the recent ruling, the family’s lawyers have said that they plan to file a petition for mandamus with the Texas Supreme Court.

In one reply that the Pardo’s lawyers submitted to the court, they stated, “Logically, a person cannot prove a negative (what did not happen; what psychological condition they do not have), which is why in the U.S. legal system the accusing party is burdened with proving what did happen. The trial court’s order invokes a guilty-until-proven-innocent paradigm, and equates ‘failure to cooperate’ in unfounded, intrusive investigations with an ‘emergency’ unless and until the parents prove there is no emergency.”

The Texas Public Policy Foundation highlighted this inconsistency in an amicus brief filed with the appellate court in support of the family.

“By failing to provide the Pardos or their attorney with the allegations and by withholding critical information on the purpose of the requested June 10, 2019 meeting,” the brief stated, “DFPS not only violated Texas and federal law, it created a classic Catch 22 situation that made it impossible for the Pardos to cooperate with the investigation and then used that subsequent ‘lack of cooperation’ against them as justification for obtaining an emergency order for the removal of K.D.P.”

A detailed analysis compiled by The Texan of the accusations of medical child abuse and the allegations against CPS can be found here.

Apparently at one point Child Protective Services wanted the parents to admit guilt: