A legal battle over a two-year-old boy’s medical care occurred in a Denton County courtroom. Child protective services and the mother are at odds. The boy has been away from his mother since before Christmas. NBC 5’s Maria Guerrero has more.
A heated legal battle is unfolding in a Denton County courtroom where a mother is battling the state over her decision to leave a pediatric hospital, against medical advice, to seek treatment elsewhere. A decision doctors claim put her son in immediate danger and prompted Child Protective Services to remove the boy from his home before Christmas.
The case involves 2-year-old Josiah Sanders, who was taken from his home by Child Protective Services more than 65 days ago.
Records show that last December, the boy's pediatrician instructed his mother, Joslyn Sanders, who is in a wheelchair, to take her son to Josiah to Children's Medical Center Dallas after his weight dropped and a rash became something that needed to be treated.
According to records, Sander objected to an antibiotic doctors wanted to give the boy, so she left against doctors' advice saying she wanted to take him to his pediatrician.
During a court hearing Wednesday, the hospital’s pediatrician, Dr. Suzanne Dakil, testified Josiah’s skin was flaking off, parts of his body were swollen, and if he did not receive in-hospital care doctors were concerned he might die.
When Sanders left the hospital, doctors had to report it to CPS. A CPS worker then went to the family home in Corinth with police.
According to police, when officers refused to remove the child from the home because they did not see signs of abuse or neglect, the CPS worker took Josiah back to Children's in Dallas, despite not having a court order. According to police, Sanders told the CPS worker she would take Josiah to Children's in Plano.
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After a two-month stay in the hospital, Children's said Josiah has improved and he gained eight pounds after a feeding tube was placed through his nose.
A Children's emergency room doctor testified all of this could have been avoided if Sanders had taken her son straight to another hospital and not home.
Josiah's pediatrician says Sanders is a good mother with understandable concerns and that this happened because of a lack of communication between doctors.
The CPS investigator who took Josiah from his home has not yet testified. The hearing in Denton County court continues next week. More than ten people are set to testify.
"It's very difficult given it's been pushed back, and I would like my son to be returned to me as soon as possible," Sanders said after the hearing Wednesday. "I'm keeping my faith in God and in my team as well that justice will be served and the truth will be brought to light."
When asked about the hospital's assertion that his health has improved in doctors' care Sanders said, "Given that I was given that same opportunity, I would have had the same results with him. CPS rushed to judgment and didn't allow me, or give me the opportunity to do that."
Sanders' son remains in the care of a woman known to the family.
