TDFPS, Dallas County Judges, Guardian Ad Litem: Uphold State Law, TDFPS policies, and TEA
  • Petitioned Greg Abbott

This petition was delivered to:

Attorney General of Texas
Greg Abbott
CPS Region 3 Office
Dallas County District Court Judges
TDFPS Commissioner
John J. Specia, Jr.
TDFPS Media
Patrick Crimmins

TDFPS, Dallas County Judges, Guardian Ad Litem: Uphold State Law, TDFPS policies, and TEA

    1. Petition by

      Support The Tutts

  1.  
  2.   
January 2014

Victory

The judge found no abuse or neglect and agreed the children should not have been removed. She did order public schooling WHILE the children are evaluated by an educational expert. At that point the judge will decide what happens next. She is open to them home schooling in the future, she just wants to make sure it is being done in a bona fide manner as required by State Home Schooling laws. The 3 children not returned were the 2 pending adoption and the oldest, a child from a previous marriage who is with his father. One of the children pending adoption has had their biological parents step up to the plate and they are working to be a family again. We applaud them for that. The custody of other two will be revisited. THSC will have more on this as things develop. As we are currently in litigation more details cannot be released. Please continue to pray for all the children and parents involved. Deep thank you's for all your love and support. Keep an eye on this page for more in the next weeks. There will be no further comments at this time.

The Tutt children were removed from their home by Texas Department of Family Protective Services CPS in spite of NO allegations of abuse or neglect. Rather than return them, the Dallas County Judge who issued the removal order ruled to keep them in foster care based on the guardian ad litem's concerns that the children were home schooled.  Texas State Law gives the Tutts full freedom to home school their children, and TDFPS and TEA policy both clearly state home schooling alone is not a criteria for abuse or neglect.  Additionally, Texas Family Code does not even take educational issues into consideration in any way when defining abuse or neglect. The Tutt's rights under multiple Texas State laws have been violated and their children traumatized by being ripped from their family and split up. Additionally, the foster care system has been abused and taxpayer monies wasted by putting children with a safe, loving home into foster care needlessly.  An appeal has been filed by their attorney and a new hearing will take place before a new judge, the GAL continues to press the home schooling issue, in flagrant disregard for law and TDFPS policies.

There is a VERY detailed story and another petition here: https://www.thsc.org/2014/01/judge-removes-children-illegally/

Learn more about this wonderful family here: http://exm.nr/19uFbT7

or "like" their Facebook page here: https://www.facebook.com/SupportTheTutts

Recent signatures

    News

    1. New Hearing update

      The judge found no abuse or neglect and agreed the children should not have been removed. She ordered 4 returned immediately. She ordered public schooling WHILE the children are evaluated by an educational expert. At that point the judge will decide what happens next. She is open to them home schooling in the future, she just wants to make sure it is being done in a bona fide manner as required by State Home Schooling laws. The 3 children not returned were the 2 pending adoption and the oldest, a child from a previous marriage who is with his father. One of the children pending adoption had their biological parents step up to work to be a family again. We applaud them for that. The custody of other two will be revisited. THSC will have more on this as things develop. As we are currently in litigation more details cannot be released. Please continue to pray for all the children and parents involved. Deeply felt thanks for all your support. There will be no further comments at this time.

    2. Reached 2,000 signatures
    3. THSC posts Tutt story on their front page

      Texas Home School Coalition (who is also involved in working parental rights cases) have written a very detailed account of the Tutt case and posted it on their web site. They were given exclusive access to the family's attorney, multiple witnesses who attended the first hearing, and the family in order to write this. Thank you, everyone for your continued support.
      https://www.thsc.org/2014/01/judge-removes-children-illegally/

      Judge Removes Children Illegally

      On November 21 seven children from a home school family in Duncanville were forcibly removed from their home, in spite of no evidence of abuse or neglect, by order of Judge Graciela Olvera of the 256th District Court of Dallas County.

    4. New Hearing Scheduled!

      The de novo (complete do over) appeal hearing is scheduled for January 7th. This will be a new judge. Please be in prayer and keep your eye on this page for the outcome.

    5. Reached 1,000 signatures
    6. WOW! Thank you so much!

      What an amazing 24 hours! There are now over 860 people on the FB page and almost 800 signatures here! Keep sharing with your friends! Every single one of you make such a big difference in this important cause! Remember, this case is important to every citizen, because it is about the duty of our public servants to uphold the law!

    7. Reached 750 signatures
    8. How does Texas State Family Code define abuse and neglect?

      According to Chapter 261 of the Family Code (recodified in 1995), child abuse is an act or omission that endangers or impairs a child’s physical, mental or emotional health and development.
      Neglect: A child's parent, guardian, or conservator is responsible for either directly providing safe and adequate food, clothing, shelter, protection, medical care, and supervision for the child, or arranging to have someone else provide these needs. Neglect, as defined by the Family Code, Chapter 261 on child abuse and neglect, is the failure to meet this responsibility. Neglect, like other forms of abuse, must involve "observable and material impairment" or "substantial risk" to the child, in order for the civil statute to apply. In addition, the Penal Code provides criminal sanctions against anyone who knowingly abandons or endangers a child.-- https://www.oag.state.tx.us/ag_publications/txts/childabuse1.shtml#neglect

      Texas Attorney General

      What We Can Do About Child Abuse Back to Table of Contents Part One: What Is Child Abuse? Part One: What Is Child Abuse? Texas law provides a definition of child abuse. In addition, the law provides criminal sanctions for assaults, sexual assaults, and other acts that may be committed against children.

    9. What do The Texas Education Agency and Texas Law say about home schooling?

      The TEA's official policy is stated repeatedly as such:
      "The TEA does not regulate, index, monitor, approve, register, or accredit the programs available to parents who choose to home school.
      Home schooling has been a legal alternative to public schooling since 1994. In the case of Leeper et al. v. Arlington ISD et al., the Texas Supreme Court upheld a lower court's decision that children being taught at home are exempt from the compulsory attendance requirement to the same extent as students enrolled in private schools. Parents who choose to home school are required to follow a course of study that includes good citizenship. A public school district may ask parents to provide assurances in writing that they intend to home school their child."

      Specific case law that is applicable to home schooling in Texas can be found here:
      http://www.main.org/aah/legal.html

    Supporters

    Reasons for signing

    • Carol Neil ROUND ROCK, TX
      • 10 months ago

      It is the judicial department's job to enforce laws NOT make, break or bend them!

      REPORT THIS COMMENT:
    • Brendan Connelly FITCHBURG, WI
      • 10 months ago

      Love and the letter of law must rule in our Constitutional Republic, not the insecurities of "public servants," in this case at the TDFPS. And I say this as an adoptive father of two wonderful young ladies.

      REPORT THIS COMMENT:
    • maxine arrington MESA, AZ
      • 10 months ago

      fellow foster adoptive parent

      REPORT THIS COMMENT:
    • Debra Bates AKRON, OH
      • 10 months ago

      This innocent family is being torn apart.

      REPORT THIS COMMENT:
    • Mark Heneks BRIDGEPORT, CT
      • 10 months ago

      My friend's little sister is in danger because of this judge.

      REPORT THIS COMMENT:

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