A Texas judge ruled against a mother who has been fighting for the last few months to regain custody of her 2-year-old son in a case that raised questions about whether Child Protective Services correctly exercised protocol in removing the child.
On Tuesday, a Denton County judge decided Josiah Sanders would remain in the state’s custody.
The court battle that’s played out over the last few weeks has worked to determine whether the toddler’s mother, Joslyn Sanders, had been negligent toward her son after a hospital visit last December where she refused a doctor’s medicine recommendation to treat the child’s rash.
According to NBC 5, the child’s medical care team at Shine Pediatrics recommended that Sanders take Josiah to a hospital after voicing concerns that a rash he developed could cause sepsis.
Sanders took her son to Children’s Medical Center Dallas on December 20, 2023, where a doctor recommended an antibiotic called clindamycin. Clindamycin has a “black box” warning, meaning it carries serious safety risks and could cause rare but dangerous side effects, according to the Cleveland Clinic.
Sanders expressed discomfort with administering that medicine since it is reserved for more severe infections. She left the hospital against medical advice and with a plan to take Josiah to a pediatrician the next day to seek more holistic care.
Her departure from the hospital triggered the CPS investigation despite hospital records from the visit stating there was “no indication of child abuse or negligence.”
Josiah’s grandfather took Josiah back to Shine Pediatrics the following day, where they received an alternative medication. A CPS officer arrived at Sanders’ home that same day to take Josiah.
That officer, Anuki Wachsman, admitted in court that “she made mistakes” with the boy’s removal, including not disclosing information provided by Josiah’s family in her report and telling Sanders that she could take the boy to a different hospital that day even though CPS was supposed to conduct an “emergency removal.”
She also told the family she had a court order when she didn’t, but state law allows CPS officers to conduct emergency removals without court orders.
Wachsman said she spoke with Children’s Dallas administrators, who insisted the boy could die if he was fed outside a hospital setting and did not receive immediate medical attention. The rash reportedly was suspected to be a sign of malnutrition.
When she arrived at Sanders’ home, she noticed the family trying to feed Josiah pasta and claimed “chunks” of his hair were falling out. She took him back to Children’s Dallas, where he stayed for two months.
The judge reportedly told Sanders it would be best for Josiah to remain in state custody after weeks of testimony over the child’s care and medical history, multiple treatment plans for a number of conditions, including vitamin deficiencies, significant weight loss, and a severe rash that spread over most of his body.
Sanders said in court that this was the third CPS medical investigation she faced in 2023. She said she was heartbroken following the judge’s decision.
“I’m thankful that I was given this opportunity to be able to speak on this injustice because again I don’t know how many people are dealing with this,” Sanders said. “Me dealing with this is very hard and it’s very heartbreaking.”
She posted on Instagram that she “will continue fighting” for her son.
“This is injustice, and I will continue fighting until my son Josiah is home with me! We will achieve justice, I promise you! After all the evidence against CPS, I am in disbelief at the outcome. However, my faith is still strong and God is still faithful and in control,” Sanders wrote.
Sanders started a GoFundMe fundraiser to help with legal fees that raised nearly $9,000 in donations.
