Emergency Hearing September 19, 2018 RECORD VOLUME 1 OF 1 VOLUMES TRIAL COURT CAUSE NO. IN THE INTEREST IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS 3 THE BRIGHT CHILDREN 315TH JUDICIAL DISTRICT EMERGENCY HEARING On the 19th day of September, 2018, the following proceedings came on to be held in the above-titled and numbered cause before the Honorable Brian Fischer, Visiting Master Judge, held in Houston, Harris County, Texas. Proceedings reported by computerized stenotype machine. KARA SALAZAR, CSR 979-583-7595 Emergency Hearing September 19, 2018 APPEARANCES MR. DAVID MASQUELETTE SBOT NO. 13162700 1019 Congress Street 17th Floor Houston, TX 77002 Telephone: 713-274-5225 Counsel for Petitioner, Department of Family and Protectice Services MR. JOHN MAISEL SBOT NO. 12850800 917 Franklin Street Suite 100, Commerical Bank Building Houston, TX 77002 Telephone: 713?652-0000 Counsel for Respondent Mother, Melissa Bright MR. RYAN MITCHELL SBOT NO. 24053369 P.O. Box 1570 Houston, TX 77251 Telephone: 832?534?2542 Counsel for Respondent Father, Michael Bright MR. DARYL LONGWORTH SBOT NO. 24072214 1385 FM 359 RD Suite 308 Richmond, TX 77406 Telephone: 832-759-5100 Ad Litem for Minor Children VOLUME 1 Emergency Hearing September 19, 2018 PAGE VOL. Lavarvia Jones Direct Cross V.Dire By Mr. Masquelette 4 v1 By Mr. Mitchell 11 v1 By Mr. Longworth 17 v1 By Mr. Maisel 18 v1 By Mr. Mitchell 22 v1 KARA SALAZAR, CSR 979-583?7595 Emergency Hearing September 19, 2018 By Mr. Longworth 24 v1 Court's Ruling Reporter's Certificate ALPHABETICAL INDEX OF WITNESSES Direct Cross Jones, Lavarvia 4 v1 11 v1 Jones, Lavarvia 17 v1 Jones, Lavarvia 18 v1 22 V1 24 V1 .24 .26 V.Dire KARA SALAZAR, CSR 979-583-7595 Lavarvia Jones - September 19, 2018 Direct Examination by Mr. Masquelette MR. MASQUELETTE: Your Honor, we're here on Cause in the interest of Charlotte Bright and Mason Bright. Present before the Court is Lavarvia Jones, DFPS caseworker. I'll defer to other counsel to make their announcements, please. MR. LONGWORTH: Daryl Longworth for the children. MR. MAISEL: John Maisel for the mother, Melissa Burrell Bright. MR. MITCHELL: Ryan Mitchell, appointed by the Court to represent the father, Michael Bright; and my understanding is Michael Bright's not in the courtroom, and I believe the caseworker said neither parent was going to come down, right? THE CASEWORKER: Yes. MR. MITCHELL: Okay. MR. MASQUELETTE: Your Honor, we're set here on an emergency proceeding. I'd like to call the caseworker. DIRECT EXAMINATION QUESTIONS BY MR. Q. Ma'am sir, state your name for the Court. A. Lavarvia Jones. Q. Mr. Jones, you are the investigations KARA SALAZAR, CSR 979-583-7595 Lavarvia Jones - September 19, 2018 Direct Examination by Mr. Masquelette caseworker for Charlotte and Mason Bright; is that correct? A. Yes, sir. Q. Can you tell the Court without asserting the truthfulness of the matter asserted, what were allegations that resulted in CPS involvement with these two children on or about July 18th, 2018? A. A five-month?old sustained two skull fractures and a subabdominal hemorrhage. Q. Okay. And then during the course of the investigation, you had an opportunity to speak with the mother and father both at Texas Children's Hospital; is that correct? A. Yes, sir. Q. Let's talk about the interview you had with the mom. Can you tell the Court what the mom told you in terms of an explanation as to how the child would have received multiple skull fractures? A. Explanation from Mom is that they were outside about 4:00 -- roughly 4:00ish, 4:20, 4:30, in the driveway. Five-month-old baby in a bouncer; two-year-old Charlotte is playing in the sprinkler system. Mom observes the five?month?old being fussy; so, she takes the two?year-old and before she changes KARA SALAZAR, CSR 979-583-7595 Lavarvia Jones - September 19, 2018 Direct Examination by Mr. Masquelette the two-year?old, she takes the five?month-old out of the bouncer and places him in the folding chair with his feet toward the back of the folding chair. So, she turns around to change Charlotte and she hears a (indicating) crunch sound and the baby screaming to the top of his lungs. Mom then scooped baby up, they go into the home with the two with the two?year?old. She calls Dad; Dad tell her to call EMS comes to the home; Dad comes to the home; baby is transported to Texas children's here in The Woodlands. Q. Okay. What else did the mom tell you during that exchange? A. Mom well, during the interview, I think what I left off is, when the baby fell, she said he was fussy. So, when they went back in the residence, she tried to feed him. She noticed that he would not latch, and she observed a whelp mark to his head; and at that point, that's when she called Dad, and then at that point called EMS. Q. Okay. And did you speak with him out at Texas Children's Woodlands or at the Texas Children's Medical Center? A. Medical Center. Q. Okay. So, the child actually was transported from Woodlands to Medical Center. Was that due to the KARA SALAZAR, CSR 979-583-7595 Lavarvia Jones September 19, 2018 Direct Examination by Mr. Masquelette severity of the injuries? A. Uh, yes, sir. Q. Okay. And then shortly thereafter, you had an opportunity to speak with the father; is that correct? A. Yes, sir, this is correct. Q. What, if anything, did the father tell you that might shed light on the possible cause of the multiple skull fractures? A. Dad was not there when the incident occurred. Dad gave me what Mom had given him as far as an explanation as to what happened to Mason. Q. And there was also concerns the child has suffered retinal bleeds; is that correct? A. Yes, sir. Q. All right. And then the child was then examined by medical personnel at Texas Children's Hospital; is that correct? A. Yes, sir. Q. Including but not limited to child abuse pediatric specialist, Dr. Kwabena Sarpong; is that right? A. Yes, sir. Q. All right. And then after the child was examined by Dr. Sarpong, DFPS received information that resulted in the in a discussion with the parents KARA SALAZAR, CSR 979-583-7595 Lavarvia Jones - September 19, 2018 Direct Examination by Mr. Masquelette regarding a parental child safety placement with the grandparents; is that right? A. Yes, sir, this is correct. Q. At that point, did DFPS believe, based on the information they received from the hospital and elsewhere, that there was a child that suffered non?accidental trauma? A. Yes, sir, a high risk of accidental non?accidental trauma. Q. Okay. So, then child's placed with grandparents; is that right? A. Yes, sir. Q. And were -- and that was a voluntary placement on the part of the parents at that point? A. Yes, sir. Q. Are the mom and dad married to each other? A. Yes, sir, mom and dad are married. Q. Okay. So, when did DFPS end up placing the children with Grandparents? A. July 24th. Q. Okay. So, what's been going on since July 24th, 2018? A. Since that time we had a family team meeting. The family expressed interest in doing other relatives as possible PCSP, so -- KARA SALAZAR, CSR 979-583-7595 Lavarvia Jones - September 19, 2018 Direct Examination by Mr. Masquelette Q. Just for clarity of record, when you say what does that stand for? A. Parental child safety placement. Q. Okay. A. Okay. So, at the family team meeting, myself and my supervisor, who participates in that meeting, we entertained the idea; but we still had to staff it with our program director; and from the agency's perspective not moving the kid was a good idea because it presented the child exposure to harm. Q. Why do you say that? A. Well, because we have a five?month-old who's already sustained an injury; so, moving him around from place to place exposes him to risk. Q. Are we concerned about other prospective caregivers in the family? A. Yes, you know, with the fact that we have an unexplained injury regarding Mason. Q. Do we have any reason to believe that someone besides the mother or father would be an alleged perpetrator of this child? A. No, sir. Q. So, did the other family members have past CPS history or criminal history that would make placement not viable? KARA SALAZAR, CSR 979-583-7595 10 Lavarvia Jones September 19, 2018 Direct Examination by Mr. Masquelette A. No, the potential child safety placement, they checked out -- backgrounds checked out to be fine. Q. And the reason we were thinking about moving him was because the grandparents just basically said we can't do this anywhere? A. No, because the parents wanted the child closer. The potential placement was in Spring. Mom and Dad live in Tomball. The initial placement was in Baytown, so it was a trek for Mom and Dad. Q. Okay. Was there anything really wrong in particular with this new perspective PCSP that the parents proposed? A. No, sir. Q. Then why not just move him? A. Because the exposure that could possibly be presented as a risk to a five?month?old. Q. What risk to a five?month?old? A. Well, because like I said, he sustained injuries and moving him from household to household, from the agency's perspective. Q. Okay. All right. Do you believe that there's an immediate threat to the health and safety of the child at this time? A. I'm sorry? Q. Do you believe there's an immediate threat to KARA SALAZAR, CSR 979?583?7595 11 Lavarvia Jones - September 19, 2018 Cross?Examination by Mr. Mitchell the health and safety of the child at this time? A. At this time, I would say yes. Q. Okay. Are you asking that the Department of Family and Protective Services be named the emergency temporary managing conservator of the child? A. Yes, sir. MR. MASQUELETTE: I'll pass this witness. THE COURT: Mr. Mitchell. CROSS-EXAMINATION QUESTIONS BY MR. MITCHELL: Q. So, the child was placed in a PCSP placement, correct? A. Correct. Q. Okay. So, what about -- why are we now going from a PCSP placement to filing an emergency two months after placement of the child with the grandparents? A. Because Mom and Dad violated the placement. Q. And how? A. Dad informed me on August 24th that he was not going to comply with the agency anymore; and as a result, they would they would be taking they would be taking the children. Q. Okay. So, it has nothing to do with the placement breaking down, it has everything to do with what the father told you? KARA SALAZAR, CSR 979-583-7595 12 Lavarvia Jones September 19, 2018 Cross-Examination by MT. Mitchell Yes, sir. And he told you that when? He told me that roughly around August 28th. 20 11> IO TD Okay. And today's date and you would say upon receiving that information, you then wanted to -- you believe that the child might be in danger or anything like that? A. Yes, sir, absolutely. I did share Q. Okaydays? A. Well, I shared the information and we were waiting for another staffing because we had initially staffed this MR. MITCHELL: Objection, nonresponsive, Judge. THE COURT: Sustained. MR. MITCHELL: Okay. Q. (BY MR. MITCHELL) SO, if the father told you that he's not going to comply and he's going to take his kids, and that created the emergency; but you waited what, 6 25 days to come into court to file the emergency, correct? A. Yes. Q. Okay. Did anything in those 20 -- did the father in those 26 days ever do anything along the lines of coming to take the kids? KARA SALAZAR, CSR 979-583-7595 Lavarvia Jones - September 19, 2018 Cross?Examination by Mr. Mitchell A. Well, I don't know exactly what he did. I mean, all I know is that the children were at the residence -- were back at the residence on the 28th. Q. At whose residence? A. Back in Mom and Dad's residence. Q. Okay. MR. MITCHELL: I feel like I'm asking your questions for you, dude. Strike that from the record. Q. (BY MR. MITCHELL) What is the reason why we're filing the emergency now? A. Mom and Dad violated the placement. Q. Okay. And again, how? A. By taking the children there's an agreed document that they signed. Q. Okay. A. And so, again, as a result, they took the children out of the agreed placement. Q. Okay. A. You know Q. And you learned of that on the 28th? A. Yes, that's what Dad told me he was doing that. He hadn't done it yet. Dad told me he was going to do it, and so right. Q. Let me -- A. Okay. KARA SALAZAR, CSR 979-583-7595 14 Lavarvia Jones - September 19, 2018 Cross?Examination by Mr. Mitchell Q. stop. A. Okay, okay. Q. Are where are the children now? A. Children are in Mom and Dad's residence. Q. Okay. When did the children go from their PCSP placement to Mom and Dad's residence? A. According to Mom, on the 28th when Dad told me. Q. When did you learn that he was -- that the children were now with Mom and Dad? A. Yesterday. Q. Okay. So, yesterday when you found out that they're with Mom and Dad, you then had another conversation with the parents? A. Had a conversation with my supervisor. Q. How did you learn that the kids were with Mom and Dad? A. Had a conversation with Mom. Q. When? A. Yesterday. Q. Okay, okay. It says in, I guess, the medical records that you attached to the petition, that there -- the hospital recommended a skeletal survey. Has that been done? A. For the two-year-old, yes. Q. Okay. Do you know how many have been done KARA SALAZAR, CSR 979-583-7595 15 Lavarvia Jones - September 19, 2018 Cross?Examination by Mr. Mitchell because it says repeat skeletal survey in two weeks' time? A. At this point, I believe it's just been one for the two-year-old. Q. Okay. Have you seen those medical records? A. I don't have those medical records, but from speaking to the social worker, she informed me that her skeletals, they were fine. No issue with skeletals. Q. And they did a skeletal survey two weeks after being discharged from the hospital? A. Yes, sir. Q. Okay. There was also a recommended hematology consultation. Did that happen? A. Yes, sir. Q. Have you looked at that? A. Yes. Q. And what were the results of that? A. On that one, there's still more conclusive but high risk of abuse. They are basically saying that the excessive blood from Mason would have not been from something that they, as a precaution, would have thought to be hereditary. Q. Okay. And then, also in those medical records it states that there were two different injuries, that one of them was consistent or could be consistent with KARA SALAZAR, CSR 979-583-7595 16 Lavarvia Jones - September 19, 2018 Cross?Examination by Mr. Mitchell what the mother stated and the other one does not, correct? A. Yes, sir. Q. Okay. So, those two those skeletal surveys and other consultations, are you is CPS in possession of those? A. Yes. Q. Okay. And since the parents took the kids and had them in their home from August the 28th until present day, have the have the children sustained any further injuries? A. Not that we know of. Q. Okay. Have they been to any follow?ups that were ordered for the kids? A. Mom did tell me that Mason had a follow-up about a week ago Q. Okay -- A. roughly. Q. -- so, even though the parents have possession of the kid, they're still taking him to the follow-ups? A. From yes, from, what Mom was saying, yes, sir. Q. Okay. And when's the last time that CPS has gone over to the parents' house to visit the kids? A. Last time I saw the children were on the 14th. KARA SALAZAR, CSR 979-583-7595 l7 Lavarvia Jones - September 19, 2018 Cross-Examination by Mr. Longworth Q. Of? A. Of August. Q. Okay. MR. MITCHELL: No further questions, Judge. THE COURT: Mr. Maisel. MR. MAISEL: No questions at this time. THE COURT: Mr. Longworth. MR. LONGWORTH: Yes. CROSS-EXAMINATION QUESTIONS BY MR. LONGWORTH: Q. Okay. So, we have a situation where you have the kids in a safety placement plan, correct? A. Yes, sir. Q. And Mom and Dad went and took them and the grandparents didn't stop them, did they? A. No, sir. Q. And then, we have these two parents who may be, allegedly, may be even possibly charged with injury to a child for shaking a baby; so, wouldn't it be more prudent to go ahead and now look for a foster placement and not jeopardize these children's safety with other relatives who may just give these kids back to the parents and exposure the children to more danger? A. Yes, sir. KARA SALAZAR, CSR 979-583-7595 18 Lavarvia Jones - September 19, 2018 Cross?Examination by Mr. Maisel Q. And did you staff that with your supervisor? A. Yes, sir. Q. And are you seeking to have the kids moved to a foster placement for their safety? A. Yes, sir. MR. LONGWORTH: I'll pass the witness, Your Honor. THE COURT: Any other questions of the caseworker? MR. MASQUELETTE: No, Your Honor. MR. MAISEL: Just very briefly. CROSS-EXAMINATION QUESTIONS BY MR. MAISEL: Q. The parents had indicated they wanted someone in Spring or Tomball to care for the children that's subject of the suit, correct? A. Yes. Q. Is that a kinship or a relative? A. Okay. I'm sorry, Counsel, can you repeat that? Q. Yes. When the parents removed the children from the paternal grandparents, they went to a family group conference and indicated they wanted other placement in lieu of foster care, correct? A. Okay. Before they removed the children from the paternal grandparents, we had a family team meeting; KARA SALAZAR, CSR 979-583-7595