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A court case between a family accused, without their knowledge, of medical child abuse, resulting in the removal of their child from their custody by the state’s Child Protective Services agency, has been dismissed by a Kaufman family court judge.

The case, which has been called an “egregious miscarriage of justice” and resulted in the “complete disregard for parental rights” and the illegal removal of a 4-year-old boy in June, is effectively over. On Tuesday, a Kaufman County court at law judge signed a dismissal agreement between CPS and the Pardo family.

In July, Texas Scorecard carried a three-part commentary authored by State Sen. Bob Hall (R–Edgewood), detailing the events after CPS’s heavy-handed overreach. The family resides in the district he represents in northeast Texas, and Hall had been present in virtually every step of the case’s progress.

The agency, characterized by many as being “broken” at best, illegally removed the family’s son, Drake—who has been plagued with developmental problems—on June 22. CPS would eventually admit in court that they had not met the entirety of the requirements needed for a child’s removal before separating Drake from his family.

Hall, at the time, said the following of the state agency:

“Each of the four parties involved (hospital/doctor, CPS, court system and child’s ad litem attorney) failed in its primary responsibility to act in accordance with its role of ‘protecting the child first.’

 

“While all four parties failed their responsibility, CPS is the root of the failure. This government agency is the real genesis of this problem and others like it.”

After Tuesday’s decision, Hall said that, while there is much to be thankful for, work needs to be done to ensure the same events do not happen to other families.

“The bad news, if there is any, is that the agreement of CPS to end this case means that the Texas Supreme Court will not likely issue a final ruling in the case pending before them,” Hall said. “This means that CPS will continue to be able to use the same underhanded and misguided tactics against other families without restraint or direction from the state’s highest court.”

“Now, we must pray the legislature will act with corrective and responsible legislation,” he added.

Drake was eventually returned home to his family while the case continued on October 24, but little to no progress had been made on the outcome of the case until Tuesday’s dismissal.

The Texas Homeschool Coalition, one of the state’s most prominent family and parental rights advocacy groups, had been, like Hall, helping tell Texans the Pardos’ story from day one. THSC President Tim Lambert shared the organization’s excitement with Texas Scorecard following the announcement.

“We are very happy to see the Pardo case dismissed today!” Lambert said. “This horrific travesty against this innocent family is symptomatic of the problems with CPS. How many more innocent children and families will have to suffer at the hands of CPS before the legislature acts?”

Hall, likewise, has previously suggested legislation is needed to rein in the agency and that Texans could expect to see such bills deliberated on the floors of the legislature next session.