Austin, USA – Child Protective Services tried to whisk a newborn and his mother, in state custody as a minor after being removed from a polygamist sect's ranch, to a different city within hours of childbirth on Monday.
But her husband, saying his wife is 22 and should never have been taken into state custody with the ranch's children last month, rushed to court and prevented it.
Because CPS had no foster care placement in Travis County that was suitable for the newborn, the mother and child were poised to spend the night in a CPS office, a lawyer for the husband said.
CPS said the age of the mother has been in dispute, but her husband, Dan Jessop, 24, said his wife, Louisa, is 22.
State District Judge Orlinda Naranjo issued an injunction that temporarily halted CPS' plan to move the mother, the newborn and the couple's two other children, ages 2 and 3, to San Antonio within hours of the delivery at an Austin birthing center.
The judge said the mother and the three youngsters will remain in Travis County until after a hearing Thursday on Mr. Jessop's request that another district judge in Austin, Darlene Byrne, order his wife and children released from state care.
"They know that there's no abuse problems," Mr. Jessop told KXAN-TV. "But CPS is so big and strong and proud, that they cannot go back now on what they've done."
Ms. Jessop is one of 27 "disputed minors," CPS spokesman Patrick Crimmins said. They are females "who CPS believes are minors, or who have provided different ages and other conflicting information to CPS at different times. ... If CPS determines that any are adults, appropriate action will be taken."
He said the birth brings to 465 the number of sect children in state care.
Mr. Jessop's lawyer, Patricia Matassarin of Canyon Lake, said a CPS supervisor told her late Monday that the nursing mother and her newborn couldn't stay at the Austin Children's Shelter because sect children living there were exposed to chicken pox while in makeshift quarters in San Angelo.
The incubation period lasts three weeks, she said.
"This woman has been removed from the birthing center with a brand new baby boy and is now sitting in the offices of CPS because they don't have anywhere else to put her," Ms. Matassarin said.