Nine months after the removal of their child, a couple’s case against Child Protective Services is set to be heard in Tarrant County next week.
Jackie and Juan Boatright’s daughter, Evelyn, was taken from them. A radiologist at Cook Children’s Hospital in Fort Worth viewed an MRI showing that the baby had a small brain bleed. An x-ray later showed that Evelyn also had a partially healed rib fracture.
According to Family Freedom Project, an organization assisting the parents’ legal case, the hospital immediately assumed child abuse and notified CPS. It ignored other information the parents believe is pertinent.
Evelyn was delivered via emergency C-section. Because of her complicated birth, Evelyn was born with swelling and bruising of her scalp. At 6 weeks old, Evelyn began twitching and vomiting and was taken to the hospital by her parents. Evelyn’s parents say it was the traumatic birth that caused the injuries.
According to records reviewed by Family Freedom Project, upon admission to Cook Children’s, hospital staff noted in the intake paperwork that there was no concern of abuse or neglect.
However, just two minutes after the MRI, this changed. “A note was left in the medical records” that the radiologist had become concerned about “non-accidental trauma.” The hospital called Child Protective Services. “Within a few hours after arriving at the hospital to seek medical care for their baby, Jackie, Juan, and all their family members were kicked out and Evelyn was taken from them and placed in foster care,” wrote Family Freedom Project.
The organization notes that the hospital did not ask about the child’s traumatic birth or investigate alternative medical explanations as to how the injuries could have happened.
Furthermore, Family Freedom Project reported several serious allegations against the CPS caseworker. It stated the caseworker had told Jackie and Juan that their family members were under a court order that blocked them from speaking with each other about the case, something FFP called “a bald-faced lie.” The organization also said this caseworker told both parents if they stayed together as a couple, they were “choosing each other over Evelyn,” and they’d never get their child back.
FFP’s report stated this caseworker was later fired after a complaint was filed with the Office of Consumer Affairs.
FFP reported similar concerning actions in the CPS court hearings.
The Boatright family had raised funds to pay medical expert Dr. Marcus DeGraw, a child abuse pediatrician who works in another state and has testified in more than 500 cases both for CPS and for parents, to testify.
DeGraw testified that Cook Children’s had “ignored the reasonable explanation that Evelyn’s injuries would have been a natural result of her extremely traumatic birth.” McGraw noted that Evelyn’s head injury is common among infants and symptoms would not arise until days or weeks, causing parents to speculate on what caused the injury.
Associate Judge John Eck ruled in favor of CPS in Child Protection Court but kept no record of the proceedings. “By refusing to keep a record of the case, the judge was preventing Jackie and Juan from taking the case to the court of appeals to challenge the taking of Evelyn,” FFP stated.
This is when Family Freedom Project joined the case. They helped the Boatright’s file a special motion for a new hearing in front of Judge Beth Poulos.
Poulos refused to keep a record of the case as well. She ultimately recused herself after being asked that her order denying a record be put in writing.
Retired Judge Randy Catterton has now been assigned to preside over the case in 324th District Court.
In Texas, CPS must appear in court 14 days after removing a child to justify the removal. However, the Boatrights’ hearing will begin on November 11–nine months after Evelyn’s removal from her family.
“Despite the absolute travesty of justice that this case represents and the lifelong trauma inflicted on the family, Judge Randy Catterton now has a chance to set things right and return Evelyn home to be with her family,” wrote Family Freedom Project.
Cook Children’s and Child Protective Services did not respond by the time of publication.
