Protective Order

September 30, 2011 permalink

A Texas mother has found an ingenious way to keep CPS away. Daughter Christianne ran away from CPS after a year and a half of abusive foster care, then mother Jaime Brown applied for and received a protective order, the kind usually handed to a husband when a wife wants to get rid of him. If this method withstands legal appeal, it could become very popular.

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Mother accuses CPS of neglecting child

by Jeremy Desel / KHOU 11 News, khou.com, Posted on September 29, 2011 at 12:12 AM, Updated September 29 at 12:21 AM

HOUSTON – Child Protective Services is being ordered to stay away from a child, due to what happened to the girl while she was in the agency’s custody.

Jaime Brown, the girl’s mother, said it’s been a long fight.

"I felt very helpless. Very helpless, and very alone," she said.

Brown’s daughter was taken from her by Child Protective Services in July of 2009, because of allegations of neglect.

Brown claims it is all a big mix-up.

"I was horrified. I did not know what was happening. I wanted to help her and I couldn't," she said.

After 18 months in a CPS overseen group home 14-year-old Christianne ran.

”The case worker called (her) mom and said she ran away, but you find her, you can keep her," said Julie Ketterman, the Brown’s attorney.

That is exactly what her mother did. After Brown found her daughter and made sure that she was safe, her attorney went to court turning the tables on CPS asking for a protective order against Child Protective Services, because of what allegedly happened when Christianne was in CPS's care.

"She was beat up quite a bit. There was the running away. She has braces and the wires were literally falling off of her teeth," Ketterman said.

In August of this year the Brazoria County court ruled in her favor granting a protective order saying:

"(CPS) engaged in conduct constituting family violence and good cause exists for issuance of a protective order...in best interest of the child."

It is a one-page ruling with big potential impact.

"It could snowball," said Ketterman.

That is because if you apply CPS's own rules when it comes to child placement, CPS may now have a problem.

"If there is a finding of child abuse or neglect or family violence, then you no longer qualify to have a child placed," said Ketterman.

Now it is the agency itself that now has this finding of abuse. A hearing in Brazoria County could make the order against CPS permanent for two years. We contacted CPS and the agency told us simply that they would be answering the allegations in court.

Source: KHOU-TV Houston