Mother wins court battle against CPS but it cost her and taxpayers thousands

HOUSTON (FOX 26) - "You are guilty until you prove yourself innocent," said Barbara Marks.

Child Protective Services spent many months and an untold amount of tax dollars trying to terminate Mark's parental rights.

It all started late last year when Marks says her 11-year-old son who has behavioral issues threw a fit and she accidentally poked him in the eye. The boy called the cops and told them she did it on purpose.

CPS knew police didn't believe the boy and the state agency was even aware of his behavioral issues.
Still CPS wanted to take all three of Marks' children away from her.

"He didn't require medical attention but they made this big thing out of it," Marks said.

"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," said attorney Jon Parchman.

Parchman says CPS's emergency hearing earlier this year to place all three of Mark's children into protective custody was not only unnecessary it was CPS's way of retaliating against his client.

Parchman filed an appeal. It was denied but one judge had a dissenting opinion.

"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. "And additionally, the children shouldn't have stayed in CPS custody."

Marks says CPS kept coming after her even after her son told them the truth.

"And he told the case worker in April that I did not do it on purpose that it was an accident," Marks said.

Still CPS would keep the case going for four more months.

Recently CPS filed a non-suit meaning the state agency has 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."

This is CPS's response:

CPS officials also point out in every case where children are removed they file to terminate parental rights.