Contact Jessica Abraham for questions:
jessica.abraham@thsc.org
806-744-4441 ext. 7029
DALLAS, TEXAS: On Wednesday, August 14, 2019, a coalition of organizations and lawmakers filed an amicus brief in the Fifth Court of Appeals on behalf of the Pardo family. The family’s emergency petition with the appeals court is the latest development in one of the most egregious Child Protective Services (CPS) cases that has ever taken place in the state of Texas.
On August 2, Ashley and Daniel Pardo requested emergency intervention from the Dallas Court of Appeals after their son, Drake Pardo (age four), was illegally taken from his family by CPS on June 20.
As if to underscore their incredible abuse of the Pardo family, at the August 9 status hearing CPS brazenly asked that the court order Ashley and Daniel Pardo to make a complete admission of guilt before they could have their son returned home. CPS also admitted under oath that they had not followed the law in developing the service plan presented to the court.
The family filed two motions asking the Dallas Court of Appeals for an emergency intervention to stop the abuse allowed by District Judge Michael Chitty’s July 2 order. The family’s first motion is a petition for mandamus, asking the appellate court to return Drake home and detailing how Judge Chitty abused his discretion by removing Drake from Ashley and Daniel Pardo without any evidence against them.
Their second motion was an emergency motion to suspend, asking the appellate court to place an immediate hold on Judge Chitty’s latest order while the appellate court is considering the mandamus petition.
CPS filed a response to the motion to suspend on August 5 and to the petition for mandamus on August 12. In their response to the motion to suspend, CPS argued that Ashley and Daniel have nothing to complain about because CPS is providing Drake the same care that Ashley and Daniel would have provided. In the family’s mandamus reply brief, they detail the incredible duplicity of CPS’ arguments and the stunning lack of evidence relied upon.
THSC filed an amicus brief in support of the Pardos, a THSC member family. The brief also included the following co-signers:
- Texas Eagle Forum
- Texas Pastor Counsel
- Concerned Women of America
- Texas Right to Life
- Texas Values
- Sen. Bob Hall
- Sen. Donna Campbell
- House Judiciary Chairman Jeff Leach
- Rep. Matt Schaefer
- Rep. Scott Sanford
- Rep. Steve Toth
- Rep. Mayes Middleton
- Rep. Jonathan Stickland
- Rep. Valoree Swanson
The brief details the horrendous constitutional violations perpetrated against the Pardo family and challenges the gag order placed on Ashley and Daniel by Judge Chitty.
An additional amicus brief was submitted by Andrew Brown with the Texas Public Policy Foundation and was co-signed by several lawmakers.
If the appellate court grants the requested emergency orders, the family could get immediate relief and have their son returned home. If not, the family may have to seek emergency assistance from the Supreme Court of Texas.
“Ashley and Daniel Pardo requested emergency intervention from the Dallas Court of Appeals after their son, Drake Pardo (age four), was illegally taken from his family by CPS on June 20.” – it’s horrible
so true…
Parents have a right to homeschool their children.
Government should not be allowed to take children away from their mother and father.
There should be stronger laws to protect parents who want to homeschool their children.
This action by the Judge Michael Chitty (Who was elected to this office) will soon be reviewed by the appellate court as to Judge’s decision, and most importantly, his basis on what evidence he found that gave him cause to his order this child taken from his family by CPS. This is an extremely important case as to whether or not Judge Chitty over stepped his authority in the July 2nd order. If the appellate court moves to have Drake move back home with his parents Ashley and Daniel Pardo, the next step should be to have this Judge Michael Chitty removed from the bench! When election time comes, everyone will have the opportunity to replace him. I pray this is resolved in Drake’s best interest!
Thanks so much for your comment Michael! Unfortunately the Court of Appeals in Dallas did not grant the Pardo’s request for emergency relief when they appealed the case to the Court of Appeals in Dallas. At this point the family is planning to appeal the case to the Texas Supreme Court. Also, Judge Chitty has announced that he will not be running for re-election in 2020.