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Mom Accidently Pokes Son In Eye; Son Lies; CPS Seizes Children

Mom Accidently Pokes Son In Eye; Son Lies; CPS Seizes Children

HOUSTON — Barbara Marks lost custody of her three children because her 11-year-old son lied to police – and when the boy told the truth, state officials still refused to give her kids back.

Police didn’t believe the boy’s fib, but the Texas Department of Family and Protective Services (DFPS, better known as CPS) did.

“You are guilty until you prove yourself innocent,” Marks told Fox-5 in Houston.

The agency spent thousands of dollars on legal fees in an effort to take away her kids.

CPS started the action after Marks accidently poked her son – who has behavioral issues –in the eye on December 21. The boy then called police and told them that his mother had intentionally poked him in the eye, the TV station reported.

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Officers did not believe the story, but DFPS nevertheless held an emergency hearing designed to take custody of Marks’ three children. Marks ended up spending her own money to hire an attorney and successfully fight CPS.

“It was an accidental poke in the eye and turned into removing three children — one a little baby and going to court for an emergency removal and taking it from there,” her attorney, Jon Parchman, told Fox-5.

Said Marks, “He didn’t require medical attention but they made this big thing out of it.”

Abuse of Power

Parchman thinks the action might have been CPS employees’ effort to retaliate against his client. He noted that CPS was aware of the boy’s behavior problems.

The boy even told the CPS caseworker that he had lied, but the hearing went on, Marks said.

Parchman had to file an appeal in the state appeals court, which she lost 2-1. The dissenting justice, Terry Jennings, wrote that “there is no evidence” that the safety of the children was in danger or that the children should have been removed. Jennings also alleged that the trial court had abused its power by taking custody.

“That particular judge agreed with us that there wasn’t an emergency and the children should have never been removed in the first place,” Parchman said of Jennings.

CPS, though, stood by the action, although it eventually dismissed the case.

“What’s unfortunate is any recuperation of her fees,” Parchman said “She has to spend all of this money to defend herself and when CPS is wrong they just say, ‘Oops, we’re wrong, see you later, have a nice day.”

The department, in a statement to Fox-5, said: “CPS does not consider this wasted time. We want to make sure that the home environment is safe for the child’s return and how to keep the child safe and prevent further CPS involvement.”

What is your reaction? Share your thoughts in the section below:

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  1. TheSouthernNationalist

    There should be some lawsuits filed against these CPS people just the same as when a cop does a false arrest, take them to court and hit ’em in the pocket! Make it hurt!

  2. Glad we never raised kids and it’s even worse nowdays. I heard several older parents tell me that you can’t even trust your adult kids. That stunt of lying would automatically be cause to disinherit the kid in the future, big time. And I know several who have written off their kid for being a loser.

  3. The crux of this whole matter isn’t so much whether the Kid did what he did, since the court essentially exonerated the mother. The family services in any state receives a stipend from the FedGov for each child in state custody amounting to about $1000.00. They of course don’t want to give that up, so they fight like tooth and nail to keep the kid(s) in custody/foster care. There is a website called That documents this evil process. Texas is one of the more common offenders. Look up the case of the Rembis Family. Their entire family of kids (11) were taken, simply because they are homeschoolers. They comply with all requirements of curricula, but still the family authorities won’t let them go, and keep finding other reasons to stall the process.

    This seems to be rampant in may states, as I read about this constantly on a website called Health Information Network Daily (HIND) which is an organic food group. Google it.

  4. This story was helpful in ways of thinking about what i can do to stay out of false arrests of kids

  5. We are a society of adult liars ourselves, so what do we expect our children to do? I suppose they learned a hard lesson about lying. However, if the details on this incident are accurate, shame on CPS for being stupid, stubborn and heartless. They absolutely should compensate the family for attorney’s fees. I have lived long enough to know what you do to others will always come back on you.

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