A woman in Texas is working to get her son back from Child Protective Services after officers reportedly took him without a court order.
Joslyn Sanders told Fox 4 News that her 2-year-old son, Josiah, was taken into the custody of CPS last December right after she took him to the hospital.
Sanders said she took Josiah to a children’s hospital in Dallas after he developed a rash on his foot that started to swell. She believed the rash formed due to a reaction from a new laundry detergent she used.
A doctor recommended she give Josiah a medicine called clindamycin, but she told Fox 4 News she wasn’t comfortable with administering that antibiotic “since it is reserved for more severe infections.”
She left the hospital against medical advice and decided to take Josiah to a pediatrician.
Despite medical records from that hospital visit stating there was “no indication of child abuse or negligence,” CPS officers and police came to Sanders’ apartment in the Dallas suburb of Corinth the day after the visit and took Josiah.
CPS told Sanders that they were responding to a report from the hospital that stated Josiah was malnourished.
However, Corinth Police Chief Jerry Garner told Fox 4 News that police officers didn’t see any signs of malnourishment.
“They did not observe anything that would indicate the child was in imminent danger. They observed the child would eat, and drink. They saw a rash, but they did not see an emergency,” Garner said. “They did not see anything obvious to indicate the child was malnourished.”
A court affidavit filed by a CPS worker and obtained by Fox 4 News painted a slightly different picture.
“The child had a skin infection and a nutritional deficiency. Mother Joslyn Sanders provided no explanation about the child being malnourished,” the affidavit stated. “The doctor said the child is at severe risk of becoming septic due to serious infection.”
According to Sanders, Josiah was already receiving treatment for feeding difficulties through his nutrition therapist and was being given an alternate antibiotic from his primary care provider.
While Sanders said she never received a court order, a CPS spokeswoman said the agency had permission from a judge to take Josiah.
“I think being instructed to take the child into custody without a court order, without a directive from a judge would be unusual,” Garner said.
Sanders has a court hearing this week to argue her case. She launched a GoFundMe fundraiser with a goal of $25,000 to cover fees for the legal battle ahead to get CPS to remand custody of Josiah to her. Nearly $5,000 in donations have been sent so far.
Josiah was scheduled to be sent from Dallas Children’s Hospital to a foster home on Feb. 20, Fox 4 reported.
“I find myself in a situation I never imagined I’d be in – fighting to bring my son back home after an unjust and illegal removal by Denton County Child Protective Services (CPS). This action was not only devastating but also completely unwarranted,” Sanders wrote on the GoFundMe page. “Despite my efforts to provide a loving and safe environment for my child, we were torn apart by a system that failed to understand our situation.”
Sanders is popular on Instagram where she’s amassed nearly 415,000 followers on her page. Some of her most recent posts showcase her recovery and rehabilitation process after she suffered paralysis from the waist down when she was in high school, according to Fox 4 News. Her father told the outlet he witnessed her overcome big odds by giving birth to Josiah naturally.
