A mother and father in Houston are devastated after their 19-month-old son was taken away by Texas Child Protective Services based on allegations of medical neglect (video below).
The Giwas admitted their baby, Ali, is not developing like he should but refuted claims they ever denied the child medical treatment.
“It’s just painful it makes no sense,” Olubunmi Giwa told KRIV-TV.
Medical documents listed the child’s diagnosis as “failure to thrive lack of normal physiological development.” But the cause was listed as an “unspecified.”
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“It hurts knowing he’s that way. If we could fix it we would,” Giwa said. “We’ve done therapy, we’ve seen a lot of doctors.”
The complaint came from a doctor in the United Kingdom who examined the child. The doctor had a disagreement with the child’s mother about breast-feeding and reported her to the country's social services.
Giwa, who was in the country working on her doctorate degree in special education, said social services in the U.K. requested to withdraw the case and the judge granted it.
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In court documents, CPS accused the mother of “moving whenever the child needs a follow up testing” and stated that she “left the U.K. with the child without follow up medical treatment.”
Attorney Jon Parchman said that was not the case.
“My clients had taken their children including Ali to the doctor multiple times and followed up with physical therapy for Ali in the United Kingdom.”
CPS admitted it did not know the exact cause of Ali’s developmental delays but insisted the parents were neglectful. Parchman added they provided few specifics in court to prove their allegations.
“They would say oh it’s based on a report here or a report there and you could never pin down where they got their facts from or what happened,” said Parchman, adding that CPS’s only witness was a doctor who never saw the child or spoke with the parents.
“The most they really got was the hospital room was a little dirty that was the extent of what they proved in court,” Parchman said. “The judge said so you’ve proven there’s a dirty hospital room that doesn’t get us to danger in returning the child home.”
Despite the lack of evidence, the judge ruled in CPS’s favor and granted it temporary custody of Ali. The parents are now only allowed to see their baby for one hour twice a week.
“It’s horrible. He’s never been without us. He’s my baby,” Giwa said. “The entire family is a mess because of it, we can’t function.”
Ali’s father, Ahmed Giwa, pleaded to have his son back.
“Just let us be in Ali’s life,” said Ahmed, who works for an energy company in Houston. “Don’t take Ali away from us.”
Photo Credit: Fox 26