BROWN COUNTY, Texas — The Eleventh Court of Appeals on October 29 reversed the trial order terminating Joel and Donelle’s parental rights to their daughter Rose. In a major victory, the court’s opinion outlined CPS’s lack of evidence and the agency’s failure to show any danger that justified termination of Joel and Donelle’s parental rights.
Surprisingly, after declaring the evidence against Joel and Donelle insufficient, the court of appeals ordered a new trial to be conducted, rather than sending Rose immediately home.
Joel and Donelle’s attorney is asking the court of appeals to reconsider the decision for a new trial, arguing that justice is not served by forcing the parties to go through months of delay and litigation expense to relitigate evidence that was already declared to be insufficient. Specifically, the court of appeals found that CPS failed to show that there was a danger to Rose, and failed to make reasonable efforts to send Rose home to her parents.
Rose was first removed from her parents in January 2024 over concerns about her weight gain. She was only 3 months old at the time. Medical testimony later identified a genetic condition that explained her persistent growth difficulties, which continued while she was outside her parents’ care. CPS hid this information from the trial court for almost a year.
Despite that evidence, the trial court terminated both parents’ rights in March 2026. Joel and Donelle appealed, arguing that Rose’s weight gain problems were clearly caused by genetics, and not by them.
“This case represents a failure of the system at almost every level. The doctors failed. CPS failed. The prosecuting attorneys failed. The judge failed. All of them allowed this injustice to persist for nearly three years. The court of appeals is the first institutional actor in this case to step forward and set things right. People of conscience should now be asking: who bears the cost of such a miscarriage of justice? The traditional answer is that the cost falls on the family, and everyone else walks away. We cannot accept that answer.” – Jeremy Newman, Vice President, Family Freedom Project.
Although the decision overturns the termination of Joel and Donelle’s parental rights, Rose remains in CPS custody while the parents’ attorney petitions the court of appeals for her immediate return, rather than a new trial. Nathan Macias, President of the Family Freedom Project, said:
“For Joel and Donelle, this is about the daughter they love and the future they want to share with her. Overturning the termination is a significant victory, but it does not give them back the significant time they have lost or bring Rose home today.”
Family Freedom Project remains committed to supporting Joel and Donelle through the proceedings ahead as they work to finally bring their daughter home.
