Heritage Defense Foundation Submits Amicus Brief to the Texas Supreme Court

Earlier this month, Heritage Defense Foundation submitted an amicus legal brief to the Texas Supreme Court in regards to the Drake Pardo case.  

The crux of the argument is simple: Texas child protective services (CPS) should not be allowed to violate state and federal law and manufacture urgency to remove the Pardos’ four-year-old son.

Under Texas law, a child must be returned to the parents unless CPS demonstrates (in addition to other factors) that first: an urgent need for protection required the immediate removal of the child, and second: that CPS made reasonable efforts to eliminate or prevent the child’s removal.

In the brief, we explained that the “urgency” relied upon by CPS to justify removal of the Pardos’ son was unlawfully and unreasonably created by CPS in two ways. 

First, CPS violated state and federal law by refusing to notify the Pardos of the allegations against them. 

Second, CPS failed to inform the Pardos of a request of the reporting doctor and then used their inevitable “noncompliance” to falsely convince the doctor that the family was being uncooperative, thereby prompting the doctor to immediately prepare the affidavit which CPS then used to justify removal.

This kind of unlawful and unreasonable conduct clearly does not constitute reasonable efforts to eliminate or prevent removal of the Pardos’ son from their home.

We have been encouraged that the Texas Supreme Court is taking this matter very seriously and we will report back once it makes its decision.

You can read the entire brief of Heritage Defense Foundation here: https://bit.ly/2kx092j

You can learn more about this case here: https://bringdrakehome.com/


In whichever state you live, if you homeschool but are not yet a member of Heritage Defense, learn more about joining to protect your own family: https://www.heritagedefense.org/learn-more/

If you want to help support the work of Heritage Defense Foundation standing for families, please share this post and consider donating. https://www.heritagedefense.org/donate/

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