The CPS abuse of the Tutts and their children continues. One of the Tutts’ children, who is still in the adoption process and is a sibling of two of the Tutts’ adopted children, has been forced by the judge to remain in foster care. Because the adoption was not final, the judge ruled this child would remain in foster care instead of being returned to the Tutts with her two siblings.
On Monday, February 10, CPS finally allowed a visit between this child and her siblings but tried to refuse to allow Mrs. Christina Tutt to be part of that visit, in spite of the fact that there is no court order to prevent Mrs. Tutt from visiting the child. Let me restate that: CPS tried to prevent the mother of two of her children from accompanying them when they visited their sister. When asked why, the CPS supervisor produced the old court orders, from December 16, and claimed that CPS was managing conservator over all of the children. When Mrs. Tutt told the supervisor that those orders were changed on appeal, the CPS worker told her that it didn’t matter—the December 16 orders were what they were going by, and it was Mrs. Tutt’s responsibility to provide CPS with a copy of the new orders. Friends who accompanied the Tutts tell the story. Mrs. Tutt recorded part of the situation on her phone but had to stop and use her phone to call her attorney instead.
The children’s guardian ad litem (GAL), who had told the Tutts she would oppose the return of their children unless the Tutts agreed not to home school, and who opposed the child in question being reunited with her siblings in the Tutt family, was also present. Some of the Tutt family friends believe the GAL may have orchestrated having Mrs. Tutt excluded from visitation with the child in foster care.
This sweet little girl in foster care is six years-old and had not seen her mother since a December 14 visitation. She had not seen her siblings since they themselves were put back in the Tutt home on January 8. The Tutts and their children continue to be abused by the system, in what seems to be a purposeful way, with no justification in CPS policy or state law. Here is what the Tutts’ friend told us about the visit on Feb 10:
“Christina had a visit with K today. When they bought K out she grabbed onto Christina and did not want to let go. Quickly, the CPS worker got all the kids (the other four siblings were there with Mom to visit K), and we started to follow them into the back room. Then one of the CPS workers stopped Christina and me. I quickly tried to grab the door, which they pulled closed, and we were locked out. Unbelievable. So sneaky and on purpose to make us all think we were going back together. Kids thinking Mommy is right behind them.
“Christina wanted to know why she couldn’t see K and be with her kids. I am sure the kids were so worried—where did Mommy go? We stood there shocked that the CPS worker had these lame excuses why she couldn’t go back. Then we were told the CPS worker would have to get her supervisor.
“Ten minutes into the meeting we heard B (age 6) yell, “I WANT MY MOMMY!” At that point I managed to get in with the kids. The kids were very upset, not knowing where their mom was and if she was coming back. Very traumatizing. B was very upset and she turned off the lights and wanted to leave the room when one CPS worker got very nasty with her, speaking very harshly and grabbed her arm. B did not like that at all. She started hitting the CPS worker. I told the CPS worker that she needed her mother and that she was scared. At that point they allowed Christina to come in. Kids were very relieved to see their mom.
“So sad what they have and still are putting these kids and their parents though. At one point C (age 5) told Christina, ‘My heart feels like its breaking and it won’t stop shaking.’ How so very sad that she is feeling this way. K kept asking, ‘When can I come home?’”
Some people have told us that some legislators have said they have no jurisdiction and cannot do anything. These legislators have legislative oversight of DFPS and they can make an inquiry to CPS and ask about the case. This action will have an impact on how CPS workers handle this matter.
Some legislators have suggested that the CPS response that the children are behind academically is a concern. The academic level of these children does not justify the taking of the children. The state of Texas’ statutory definition of neglect does not include educational standards. See my letter to the GAL clarifying this issue for her.
Some of these children were rescued from abusive and very neglectful situations when they came to the Tutt family. CPS is fully aware that children from those kinds of backgrounds are often behind grade level academically. In spite of that fact, the judge and CPS seem to be demanding that these children should be performing at grade level because they are being home schooled. If these children were in a public or traditional private school, would this standard be required? I think not.
Two of the children are not even compulsory attendance age yet; one of them will not be compulsory attendance age until Fall 2015, yet the judge ordered these children put in public school based on information given her by CPS.
At least one of these children has a learning disability that school officials have recognized. The GAL has denied this fact. In addition, the academic assessment of the children prior to the January hearing by this attorney was highly suspect.
As friends of the family have requested, “Please keep praying for all of them. These poor babies are so hurt and scared by all of this.”
Call the legislators on the committees and the Governor’s office and ask them to call DFPS to force them to allow this mother to visit with her child in foster care and demand that CPS stop the abuse of this family.