DALLAS, TEXAS: On Wednesday, August 14, 2019, a coalition of organizations and lawmakers filed an amicus brief in the Fifth Court of Appeals on behalf of the Pardo family. The family’s emergency petition with the appeals court is the latest development in one of the most egregious Child Protective Services (CPS) cases that has ever taken place in the state of Texas.
On August 2, Ashley and Daniel Pardo requested emergency intervention from the Dallas Court of Appeals after their son, Drake Pardo (age four), was illegally taken from his family by CPS on June 20.
As if to underscore their incredible abuse of the Pardo family, at the August 9 status hearing CPS brazenly asked that the court order Ashley and Daniel Pardo to make a complete admission of guilt before they could have their son returned home. CPS also admitted under oath that they had not followed the law in developing the service plan presented to the court.
The family filed two motions asking the Dallas Court of Appeals for an emergency intervention to stop the abuse allowed by District Judge Michael Chitty’s July 2 order. The family’s first motion is a petition for mandamus, asking the appellate court to return Drake home and detailing how Judge Chitty abused his discretion by removing Drake from Ashley and Daniel Pardo without any evidence against them.
Their second motion was an emergency motion to suspend, asking the appellate court to place an immediate hold on Judge Chitty’s latest order while the appellate court is considering the mandamus petition.
CPS filed a response to the motion to suspend on August 5 and to the petition for mandamus on August 12. In their response to the motion to suspend, CPS argued that Ashley and Daniel have nothing to complain about because CPS is providing Drake the same care that Ashley and Daniel would have provided. In the family’s mandamus reply brief, they detail the incredible duplicity of CPS’ arguments and the stunning lack of evidence relied upon.
THSC filed an amicus brief in support of the Pardos, a THSC member family. The brief also included the following co-signers:
- Texas Eagle Forum
- Texas Pastor Counsel
- Concerned Women of America
- Texas Right to Life
- Texas Values
- Sen. Bob Hall
- Sen. Donna Campbell
- House Judiciary Chairman Jeff Leach
- Rep. Matt Schaefer
- Rep. Scott Sanford
- Rep. Steve Toth
- Rep. Mayes Middleton
- Rep. Jonathan Stickland
- Rep. Valoree Swanson
The brief details the horrendous constitutional violations perpetrated against the Pardo family and challenges the gag order placed on Ashley and Daniel by Judge Chitty.
An additional amicus brief was submitted by Andrew Brown with the Texas Public Policy Foundation and was co-signed by several lawmakers.
If the appellate court grants the requested emergency orders, the family could get immediate relief and have their son returned home. If not, the family may have to seek emergency assistance from the Supreme Court of Texas.