Fact Scenario for 264 Hearing Demonstration
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FACT SCENARIO FOR 264 HEARING DEMONSTRATION
Referral – Allegation:
On December 04, 2015, the Texas Department of Family and Protective Services (DFPS) received a report of Neglectful Supervision of 1 year old Mary Shields by her father Gregory Shields. The report stated that Gregory took Mary to the emergency room of Cypress Creek Hospital late night of 12/01/2015. Gregory indicated that Mary had been fussy for a couple of hours and Gregory did not know why. The medical staff decided to do a drug test and Mary tested positive for amphetamines. It was unknown what prompted the medical team to perform a drug test on Mary. Gregory says he has ADHD and believes that Mary must have accidentally taken his Adderall. Then Gregory started to say that it could have happened under the grandmother's or the babysitter's care because Gregory said both of them also take Adderall. Then later on Gregory said Mary only has been under his care so it is unknown what is going on. Gregory became upset with medical staff for questioning him so Gregory left the hospital. Gregory said he planned on coming back to talk more. Mary was admitted for monitoring and observation after tests showed that Mary 's heart rate was high. It is unknown how many pills Mary may have ingested but Mary seemed fussy and exhausted and a bit flush but has no apparent bruises or marks or anything observable. The physician feels that Mary likely ingested some sort of medication. Gregory says he keeps the Adderral in his dresser drawer and he wouldn't have known how Mary would have gotten to it.
Summary Conclusion:
The Texas Department of Family and Protective Service (DFPS) is seeking an Order to Participate in Family Based Safety Services (FBSS) to include the following orders, due to the Neglectful Supervision of 1 year old Mary Shields by her father Gregory Shields:
1. The father, Gregory Shields shall participate in Urinary Analysis and Hair Strand drug tests.
2. The father, Gregory Shields shall participate in Family Based Safety Services (FBSS), which may include but is not limited to FBSS assessment, 8 weeks of parenting classes, drug and alcohol assessment, random drug testing, individual and group counseling, psychological evaluation and domestic violence services.
The Department believes that these orders are necessary to alleviate the effects of the abuse or neglect that has occurred or the reasonable likelihood that the child may be abused or neglected in the immediate or foreseeable future.
Family structure:
Mary Shields, born 4/18/2013, is subject of this suit. Her father is Gregory Shields and her mother is Desiree Shields. Gregory Shields, born 1/5/1988, is the father of the child subject of this suit.
Desiree Shields, born 12/18/1990, is the mother of the child subject of this suit.
Dawn Shields, born 03/05/1964, is the Paternal Grandmother of the child subject of this suit.
Michael Lawry, born 02/25/1958, is the Step Paternal Grandfather of the child subject of this suit.
Rickey Shields, born 09/23/1993, is the Paternal Uncle of the child subject of this suit.
Investigation:
My name is Xhemile Baca. I am the current investigator assigned to this case. As the current investigator I have care custody and control of the file in this case. A review of the file reflects the following:
On December 7, 2014, Gregory Shields informed CPS emergency investigative caseworker Mahogany Young, that he is a full time student at The Art Institute for Web Design. He currently lives with his mother, stepfather, brother, and child. He admitted to having prior CPS history that involved an altercation between him and the mother in 2013. Mr. Shields also admitted to having a criminal background for possession of a controlled substance but states that the substance was his medication. The father is currently on medication for ADHD (Adderall) and has been for 14 years. Mary has been in his care for the last two months while he attempts to get sole custody from the mother because the mother is unfit. He denies any mental health, drug, or alcohol problems. His mother, Dawn Shields watches Mary while he is in school
With respect to the allegations, Mr. Shields explained that December 5, 2014, was his birthday and some friends wanted to take him out. One of his friends, Laura Calloway, agreed to babysit Mary that night. He returned to Laura's home around 3 or 4 in the morning and slept on the couch. He and Mary were up around 8:30 am. She was fed her breakfast and played around until about 10:30 am. Everything seemed fine with Mary that morning. Macy Templeton, his girlfriend picked them up from Laura's around 11 am and while in the car, Mary became fussy and not her normal self. Mr. Shields decided to take Mary to the park to play but Mary was not playing like normal and becoming fussier. He thought she may be sleepy so he took her home so she could nap but Mary wouldn't sleep. Mr. Shields believed Mary was so fussy because she was cutting more teeth but Mary still hadn't calmed down and it had been a few hours, so he took Mary to NorthSouth Memorial Hospital around 7:30 pm and they transported Mary to the Medical Center Location. While at Cypress Creek hospital, it was learned that the child tested positive for amphetamines in her urine.
Mr. Shields told the worker that he took his medicine, Adderall, the previous Friday. He explained that sometime he takes a piece of the pill and puts the other piece in his pocket.
2 The father does not know how Mary could have been exposed to the medication because he keeps it in drawer at home or in his backpack. He said Mary could have taken the pill while they were in the car because he has had his medication with him while riding in the car. Still he had no explanation as to how she actually ingested the drug.
On 12/8/14, this case was assigned to me.
On December 8, 2014, I visited the residence and met with the family members. Mary is 1 year old and preverbal. I observed her playing in the living room at one point and being cared for by Gregory or grandparents. She was dressed appropriately, appeared to be in good health and there were no unusual marks or bruises observed on her body
On December 8, 2014, Dawn Shields informed me that is an agent at United Airways for 27yr. She denied prior CPS, mental illness, drug use or history of any form of abuse as a child. Mrs. Shields admitted to a prior arrest and pending prosecution for Assault causes Bodily Injury. When asked about the father’s suggestion that Mary took the grandmother’s prescriptions, Mrs. Shields told me that she had travelled to Hawaii with her husband and her other son Rickey and other family members when the incident occurred. The family had only just returned to Houston, the morning of my visit. Mrs. Shields stated that she takes Adderall for ADD, Levothyroxine, and Typroid. She stated that her medication was with her as she travelled.
On December 8, 2014, Michael Templeton informed me that he is Mary's Paternal Step Grandfather. He has been together with Paternal Grandmother for about 17yrs and been married for 12yrs. He is an engineer at Enron. He denied prior CPS, mental illness, domestic violence or history of any form of history as a child. He takes Lexopro for depression. He stated that they travelled to Hawaii and he doesn’t know how Mary got hold of the medication she ingested.
On December 8, 2014, Tyrone Shields informed me that he is a golf pro at a golf course. He is not married and he doesn’t have any children, he denied prior criminal, CPS, mental illness, domestic violence or history of any torm of abuse as a children. He stated that he was not present and was not aware of how the Child ingested medication. He agreed to monitor.
On December 8, 2014, Gregory Shields informed me that he has prescription for his medication. Mary had ingested his mediation by mistake and it was his fault.
During my visit, the family signed a safety plan agreeing to the following terms: 1. Gregory Shields and Dawns Shields will not have unsupervised contact with them child. 2. Michael Templeton/Step Paternal Grandather, Tyrone Shields/Uncle or Stormie Cassoway/aunt/babysitter will supervise father and paternal grandmother’s contact with the Mary. 3. All family members will take drug test on 12/9/14 4. Stormie Cassoway /aunt/babysitter will babysit. 5. Gregory agreed to participate in services.
On 12/9/14 all the family members took a drug test and negative except Gregory Shields who refused.
On 12/9/14 and 1/12/15 Gregory Shields refused to participate in the drug test, services or place Mary out of the house.
On 1/12/15, Desiree Shields, informed me over the phone that she is living with her uncle and 2 children at her uncle's residence in Las Vegas, Nevada. She babysits for cash but she doesn’t know how much she makes in a month. She is pregnant with another child and Gregory Shields is he father. Desiree Shields stated she is due in June 2015. She stated that Gregory was staying with her and her children in Las Vegas and he ran away with the Mary to Houston in October or November, 2014. She stated that Gregory takes pills and smokes marijuana.
Prior DFPS History
9/30/12, Physical Abuse - Reason to believe The parents were involved in domestic violence while caring for the children.
Criminal History
Desiree Shields: No criminal history.
Gregory Shields: ARREST DATE 5/21/2008, Possession of a Controlled Substance PG 2 < 1G, CONVICTED, 90 days confinement ARREST DATE 10/4/2012, Possession of a Controlled Substance PG 3< 28G, CONVICTED, 2 days confinement
Alternate Family Placement
Gregory Shields has not been cooperative and didn’t provide the agency with an alternative residence.
Conclusion
The Texas Department of Family and Protective Service (DFPS) is seeking an Order to Participate in Family Based Safety Services (FBSS) to include the following orders, due to the Neglectful Supervision of 1 year old Mary Shields by her father Gregory Shields:
3. The father, Gregory Shields shall participate in Urinary Analysis and Hair Strand drug tests.
4 4. The father, Gregory Shields shall participate in Family Based Safety Services (FBSS), which may include but is not limited to FBSS assessment, 8 weeks of parenting classes, drug and alcohol assessment, random drug testing, individual and group counseling, psychological evaluation and domestic violence services.
The Department believes that these orders are necessary to alleviate the effects of the abuse or neglect that has occurred or the reasonable likelihood that the child may be abused or neglected in the immediate or foreseeable future.