Two parents in Texas are speaking out after their daughter was taken from their custody by Child Protective Services. Their daughter was only 6 weeks old when CPS removed her from their care after a trip to the hospital. According to the parents and medical examiners, the injuries that were found at the hospital came from from a traumatic birth.
Now, the parents are sharing their story to highlight situations like theirs. While we don’t often hear these kind of stories, mistakes do happen. Thankfully, this story has a happy ending, and the little one got to go home after nine long months.
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The mother had a difficult birthing experience.
Jacqueline Morales Boatright gave birth to daughter Evelyn on Christmas Eve 2023. The birth wasn’t an easy one; Boatright underwent an emergency C-section after Evelyn became stuck in the birth canal for 12 hours. The trauma of her birth left the baby girl with bruises and swelling on her head, but doctors found that she was doing well enough for her parents to take her home to Fort Worth.
When the baby was 6 weeks old, her parents took her to the hospital.
In February 2024, the Boatrights noticed that Evelyn was twitching and vomiting. So, they took their infant to the emergency room at Cook Children’s Medical Center. Doctors examined the baby, noting that she showed no signs of abuse or neglect. But everything was about to change.
Doctors ordered an MRI and x-rays. The MRI showed signs of a small brain bleed, while the x-ray showed a partial rib fracture that had mostly healed. As a result, the radiologist began to suspect child abuse, even though doctors had ruled that out.
“It seems [the radiologist] never even inquired about the circumstances of her birth or other possible explanations,” Jeremy Newman, vice president of the Family Freedom Project, an organization working with the parents, told Reason.
The parents had no idea what was about to happen to their family.
According to those involved in the case, Cook Children’s Hospital staff never asked the parents about Evelyn’s birth. They accused the Boatrights of abuse, telling them to leave the hospital, and placing the newborn under the care of local Child Protective Services.
“It took two minutes, 120 seconds, for someone who never met me to determine I can’t take care of my daughter,” Juan Boatright said in a statement shared by the Family Freedom Project.
The Boatrights endured a nightmare trying to get their daughter back.
After removing Evelyn from the care of her parents, CPS placed the infant in foster care. However, according to the Texas Family Code, the first effort should be placing the child with other family members. Eventually, CPS placed Evelyn with an aunt, according to The Texan. Once she was in the aunt’s custody, the Boatrights could have two-hour visits with their daughter at a third-party location.
In July, the Boatrights raised enough money to hire a medical expert to testify in court that the injuries found at the hospital could have been attributed to her birth. Despite the evidence, the judge still refused to allow an appeal of the decision.
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It was an extremely hard few moths to get their baby back.
There were months of judges refusing to consider that the parents weren’t abusers. But then in early November, things finally took a turn for the better. After hiring three medical experts to testify on their behalf, the Boatrights found a judge who was willing to hear the case.
According to Reason, the judge heard the three medical experts and wasted no time deciding that Evelyn belonged with her parents. The nearly 1-year-old went home to her parents on November 14, a little more than a month before her first birthday. The Boatrights told the outlet that they’re looking forward to spending the holidays with their little girl.
