Elgin parents sue CPS employees, Ascension Health: 'These agents literally lied'

ELGIN, Texas (KXAN) — Two parents are suing Ascension Health, a doctor and several then-agents of the Texas Department of Family and Protective Services (DFPS) after their child's misdiagnosed health condition led to a 2015 custody battle.

Attorneys Stephanie Proffitt and Aaron W. Rapier represent the family in the case.

"Most of the time, if a parent questions their authority, if a parent questions the diagnosis, if a parent has the data to ask for a second opinion, the parent becomes targeted," Proffitt said. "It appears that that's exactly what happened in this case. Instead of really doing their job, they instead retaliated against the Troys and took their children."

A spokesperson for Ascension Health said that they had not yet been served with the lawsuit and thus could not speak about it directly.

"At Dell Children’s Medical Center, our highest priority is the safety and health of children in our community," the spokesperson said. "As a healthcare provider in Texas, our doctors, nurses and care teams who have reasonable cause to believe that a child has been affected by abuse or neglect by any person must immediately report this to the appropriate authorities as required by law. We have a duty to work with authorities during their investigation as they make their decision on what is in the best interest of the child."

The Case

The child, named JT in the lawsuit, was diagnosed with benign external hydrocephalus (a condition where fluid collects in between the brain and inner skull) in May 2014. This was around five months after JT was born to parents Lorina Bourne and Jason Troy, their second child.

According to the lawsuit, the "defendants concluded the swelling was indicative of shaken baby syndrome," then required the family to sign a one-month safety plan. After the plan ended, the family visited relatives in Oklahoma, which they told DFPS about prior to going.

While the family was in Oklahoma, two of the defendants contacted that state's authorities and attempted to have the kids taken into protective custody. Oklahoma CPS "concluded there was no abuse or neglect," according to the lawsuit.

"[Defendants] obtained an ex parte order for the removal of the children based on misrepresentations made to the court and omissions of material fact," the lawsuit reads. "[Defendants] crossed state lines into Oklahoma. They showed up where Lorina was visiting with family in Oklahoma, and [Defendants] took the children from their parents and loving family."

The Texas DFPS took protective custody of JT and sibling KT in July 2015. Travis County Court ruled in the family's favor and returned custody of the children to their parents in December 2015.

The Lawsuit

"It has taken years to heal from the emotional trauma of my children being wrongfully removed from me," Bourne said. "We're doing better now. I've had to take years to try to heal from what happened. The worst day of my life was when my children were illegally taken from me."

The lawsuit asks for a jury trial to decide on awarding damages to the family.

"I want justice for my sons because my son has a life-threatening neurological condition called benign external hydrocephalus," Bourne said. "Thousands of families are going through similar situations, so many families have contacted me over the years. It's just so sad that the same system that's meant to protect children is hurting children."

For Proffitt and Bourne, they want the lawsuit to lead to change and more accountability.

"CPS has too much power, and they're often never held accountable for what they do wrong," Bourne said. "There's no due process. Parents aren't don't have any rights, children don't have any rights...We don't want any other families or children to have to endure this horrible emotional trauma."

"This is time for us to get back to a generation that's going to follow rules," Proffitt said. "That doesn't just mean citizens having to follow the law or or get arrested, but also the people with power, unbelievable power to destroy families, they need to follow the rules too. If they don't, they need to be accountable."

Proffitt, who said she typically represents families in cases with CPS, said that the issue is systemic, with CPS targeting low income families.

"This is complete mass destruction of people's lives," Bourne said. "Not only do you lose your children, but you lose your careers, your house, your finances, everything. We had to sell our house to pay for the mounting attorney fees. We had to hire three attorneys to defend us in court to fight for our children and for our innocence."