My last post on the Tutt case was several days after the August 22 hearing in which the judge did not make a decision on whether the family could home school their children.
The day after I wrote the update about that hearing, Judge Callahan ruled two of the four children at home be released from CPS oversight and be allowed to return to home schooling. The attorney representing the Tutts believes the judge intended to apply the ruling to all four of the children in the custody of the Tutts and is waiting for a written order to confirm that at the time of this writing.
If you are just tuning in and are unfamiliar with the egregious actions of CPS and Dallas County judges in this case, here is a recap:
- November 21, 2013 – Seven Tutt children are illegally removed from their home by CPS by order of Judge Graciela Olvera.
- January 7, 2014 – The removal of the children is ruled unjustified, and four of seven children are returned to the family by Judge Callahan but are required to continue public schooling and to have regular visits with CPS.
- January 27, 2014 – THSC asks the commissioner of the Texas Department of Family and Protective Services to conduct an investigation of the CPS caseworker who testified she had not asked for the removal of the children but who later changed her report to say they were in danger.
- January 29, 2014 – THSC holds a press conference to publicize these abuses of power and to demand an investigation.
- February 10, 2014 – CPS tries to prevent Mrs. Tutt from accompanying her young children on a sibling visit CPS finally allowed with of one of the Tutt children still in CPS custody. There is no court order to that effect.
- March, 2014 – CPS assigns a new caseworker to the Tutts’ case.
- August 28, 2014 – Judge Callahan rules two of the four children at home be released from CPS oversight and be allowed to return to home schooling. Their attorney believes this ruling was intended to apply to all four children but has not yet received a written order to clarify.
So what happens next?
The motion filed by CPS at the beginning of this case to terminate the parental rights of the Tutts is still pending. The Tutts’ attorney has now filed a writ of mandamus with the Texas Fifth Court of Appeals in Dallas, arguing that both judges in this case have abused their authority. She has asked the court to rule that when the district judge ruled the taking of the children by CPS was unlawful, she should have complied with the law and returned all of the children to the family. Therefore, all of the actions and pending actions of the court since that time should be dismissed and all the children be returned to the family immediately.
You can draw your own conclusions when you read the brief filed on behalf of the Tutts at the Texas Fifth Court of Appeals and the appendix with supporting documentation. Should the Fifth Court of Appeals deny this action, the next step will probably be to move toward a jury trial.
Get the full story of the horrendous violation of the Tutt family and of their parental rights on our website.
Call to action:
- Pray justice for this family and the return of the three children still separated from the Tutt family.
- Pray accountability for those responsible for this travesty to the fullest extent of the law. These actions cannot go unanswered.
- Join the fight to Keep Texas Families Free. Consider a donation to THSC for continued advocacy for families like the Tutts.
- Safeguard yourself with protection through membership with THSC.