A Denton County mother who has been fighting to get her 2-year-old son back from Texas Child Protective Services since before Christmas was back in court Wednesday morning.
Hours later, Jocelyn Sanders left the courtroom without her son, who she had been living with for 75 days.
“I'm disappointed,” Sanders said after the hearing.
The case has garnered national attention over the rights of parents in medical emergencies and whether going against a doctor's advice constitutes potentially fatal medical negligence.
On December 21, 2023, CPS removed Josiah Sanders from his home after his mother was discharged from Children's Hospital in Dallas against medical advice.
The case is being heard by Judge Bruce McFarling in the 362nd Denton County District Court.
Cameras are not allowed in the courtroom during the hearing.
The child's ongoing health concerns were detailed in court, from having a seizure in March 2023 to being referred to a nutrition specialist for an eating disorder and a rash that worsened in the fall of 2023. It has been stated.
The boy's mother said small problems began in early 2023 when she didn't breastfeed Josiah.
Sanders is a patient at Shine Pediatrics in Richardson, where her son has been treated since birth.
She said her son developed a rash in the fall from a new laundry detergent.
Sanders took the toddler to Shine Pediatrics, where he was seen by a nurse who testified in court Wednesday.
“That can be alarming given that most people don't know much about contact dermatitis,” she says. “But given that I was familiar with his treatment, his rash was healing.”
The nurse explained that the boy had a severe rash all over his body, and his hands, feet, and genitals were swollen.
The child had lost several kilograms, had hair loss and had not urinated for more than 12 hours.
The nurse testified that the symptoms did not seem consistent with an allergic reaction to laundry detergent.
Concerned that sepsis could develop, the nurse instructed Dr. Saunders to take Josiah to the hospital for testing during his 11 a.m. appointment, at either Children's Dallas or Children's Plano. instructed her to choose.
Sanders chose Children's Dallas, but said she needed to gather items from her home in preparation for her hospitalization.
The nurse said she alerted Children's Dallas about the Sanders family's arrival and received a call from the hospital around 4 p.m. saying the family had not yet arrived.
Lawyers representing CPS blame the delay on a lack of urgency on Sanders' part.
Sanders, who is disabled, denies the allegations.
“I'm visibly disabled and the average person doesn't know what it takes to get from place to place to get the medical supplies I need,” Sanders said after the hearing. answered.
Sanders said she chose to leave the child against medical advice after her child arrived at Children's Hospital Dallas because doctors recommended that Josiah needed the antibiotic clindamycin.
Ms Saunders strongly objected to her son being given drugs with a “black box warning” and chose to leave AMA Hospital.
Sanders said she would like to talk to her son's health care provider at Shine Pediatrics to receive an alternative medication.
According to Mr. Sanders' father, a medical practitioner, [Josiah’s grandfather] I went to the clinic on December 21st to get a prescription. Still, he did not receive any of the child's test results from the hospital because he refused to show them to medical personnel.
The mother's decision to discharge the AMA led to a call to CPS.
The caseworker, who was new to the job, is reportedly accused of traveling to Corinth for the emergency removal of Josiah from his home.
Josiah's mother and supporters previously protested that CPS would remove him without signing a court order, but a CPS lawyer said a court order was not needed by law.
A Corinth police officer called to the home testified that he did not observe any signs that Josiah was in danger, and that the allegations presented to him by CPS officers were inconsistent with what he observed. .
Still, CPS officials carried out the removal after speaking with supervisors over the phone.
The officer recalled hearing CPS officers give Sanders the option of taking Josiah to the hospital himself or taking him back to the hospital, and Sanders instead took Josiah to Children's Plano. I replied that I would go.
He testified that he noticed that the worker left the child in the car for several minutes and then drove him back to Dallas Children's Home.
The state's attorney revealed that Sanders was discharged from the hospital against medical advice in March 2023 after Josiah suffered a seizure.
Another Shine Children's nurse who treated Josiah multiple times also took the stand and described Sanders as a caring and loving mother.
Sanders said that while she does take a holistic approach to her son's diet and medications, the toddler was not on a vegan diet.
When asked to respond to the perception by CPS or the public that Ms. Saunders is a neglectful or arrogant mother who believes she knows more than her doctors, Ms. Saunders responded:
“Being temporarily disabled also comes with a variety of medical needs, so I was able to study that,” she said. “I am also a top 10 UNT graduate of hers, so I can do my own research and come to my own conclusions, with the advice of qualified experts, of course.”
The hearing ended for the day due to scheduling conflicts.
Judge McFarling will issue a ruling next Tuesday after further testimony, including from Mr Sanders himself.
Before leaving the courtroom, Sanders' lawyer asked the judge to allow her to see her son for four consecutive hours, instead of the current one hour a week.
CPS attorneys opposed the extension, citing Josiah's strict eating schedule.
For now, Mr. McFarling will allow Mr. Sanders to meet with him for one hour three times a week.
