Even if they did suspect the parents could they legally take the children out of the home without evidence (Joshua) of a crime?If they had no family issues before would that be violating their rights to their children.Anyone on here know law?
I don't know TX child welfare law, so I'm not saying that I'm official on the issue, but I do know child welfare law in general.
Basically, what it boils down to in many cases is that there must be the risk of imminent harm or death to the child in question, in order to warrant removal. Each state seems to vary a little on their definition of imminent harm, and each judge has a little wiggle room as to how they define it, as well.
In this case, a lot of the usual reasons for removal don't apply. If the baby is in a clean, warm home with working utilities, there is no environmental neglect.
If baby is seeing a pediatrician and Sabrina received appropriate prenatal care, it's not medical neglect.
There is no reason, at least none stated, to believe that there is sexual abuse of any kind on either child, and also no reason to believe that the parents allow the baby around those that have been convicted of a sex offense.
There is no proof of physical abuse against Joshua or this baby, regardless of suspicions by the general public.
If baby is being washed, fed, dressed, changed, and interacted with appropriately, there is no physical neglect.
he isn't old enough for school, s educational neglect does not apply.
That's just about every reason right there. As it stands, LE is saying that the parents are cooperating (or were, depending on the source). neither parent has been named a suspect or POI in Joshua's case, so until LE speaks or moves on one or both of them, there is no reason.
However, in my experience, and my experience only, if CPS wants your kids, they'll find a reason, even if it means bending those rules and definitions as relating to imminent harm.
