A Texas appeals court has overturned the termination of parents’ rights after nearly three years of separation from their daughter.
The Eleventh Court of Appeals in Brown County, Texas, reversed a trial order that terminated Joel and Donelle’s parental rights to their daughter Rose.
The court’s opinion cited Child Protective Service’s lack of evidence and its failure to show any danger that justified termination of parental rights.
After declaring the evidence against Joel and Donelle insufficient, the court ordered a new trial, and Rose remains in CPS custody.
According to Family Freedom Project, the couple’s attorney is asking the court to reconsider the decision for a new trial.
The attorney has argued that relitigating evidence already declared insufficient is not justice.
FFP noted that the court of appeals “found that CPS failed to show that there was a danger to Rose and failed to make reasonable efforts to send Rose home to her parents.”
“This case represents a failure of the system at almost every level. The doctors failed. CPS failed. The prosecuting attorneys failed. The judge failed. All of them allowed this injustice to persist for nearly three years. The court of appeals is the first institutional actor in this case to step forward and set things right,” stated Jeremy Newman, Vice President of Family Freedom Project.
“People of conscience should now be asking: who bears the cost of such a miscarriage of justice? The traditional answer is that the cost falls on the family, and everyone else walks away. We cannot accept that answer,” he continued.
In January 2024, Texas CPS removed 3-month-old Rose from her home.
According to FFP, the removal was based on concerns about Rose’s weight gain. The parents had repeatedly asked that she be tested for genetic conditions, but doctors refused.
Medical testimony later revealed a genetic condition that explained her growth difficulties.
Rose’s weight percentile dropped further after removal. FFP says that CPS hid the information from the trial court for nearly a year, telling the court that she was “doing well” and “thriving.”
In March 2026, the trial court terminated both parents’ rights. The parents appealed, arguing that Rose’s weight gain problems were genetic, not caused by them.
On October 29, the appeals court overturned the termination of the parents’ rights due to insufficient evidence but ordered a new trial instead of returning Rose.
Rose remains in CPS custody while her parents’ attorney petitions for her return instead of a new trial.
“For Joel and Donelle, this is about the daughter they love and the future they want to share with her. Overturning the termination is a significant victory, but it does not give them back the significant time they have lost or bring Rose home today,” stated Nathan Macias, FFP President.
