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Smith v. Texas Department of Protective and Regulatory Services

9/11/2003

ile playing.


Bobbie testified that she "doctored" the lice problem, but it continued to persist. She believed the girls were exposed to lice at their school, as none of her other children had the same lice problem. She was not questioned about S.R.H.'s teeth or about C.L.S.'s ear infections and ankle problem.


The Department contends that the Smiths failed to supervise their children. It points to the incident in which the two older girls were observed walking to school along a busy highway. Bobbie explained that she was in San Antonio for three days visiting her grandmother, who was in a hospital intensive care unit, when her children were observed walking along the highway. The girls were eight and five years old at the time. Carlos went to San Antonio to pick up Bobbie, and left the children with his mother Beulah Smith. Beulah Smith testified that she was caring for the children, but when she had to leave for work, she entrusted them to her son-in-law, who in turn entrusted them to a family friend. When the two girls missed the school bus, the fifteen-year-old daughter of the family friend walked them to school along the busy highway.


In addition, during her initial visit, Harris observed the children running in and out of the house as they pleased, unsupervised. When Harris returned for another visit, C.A.S., who was four at the time, answered the door because Bobbie was asleep in her bedroom with the two younger girls. C.A.S. was watching television, playing and running outside, unsupervised. Bobbie did not recall a visit from Harris while she was sleeping. Harris also testified that on that day, the police had visited Bobbie earlier and had made no report to the Department regarding the condition of the house or the children. In addition, Harris admitted that Bobbie's father-in-law had been staying on the Smiths' property in a camper; his wife, Beulah Smith, explained that he was there to make repairs to the Smiths' home. Harris, however, did not see Mr. Smith on the day of her visit.


Webb testified about the day she joined Harris for a visit to Bobbie's house on another occasion. On that day, Bobbie was home with the three younger children. Webb testified that at one point, they (presumably, Webb, Harris, and Bobbie) were standing outside on the front porch while C.A.S. was swinging a broomstick or a piece of wood near them. Because no one told the boy to put the stick down, Webb did so. She also observed that when C.R.S., the baby, was crying, Bobbie did not tend to the baby, and after several minutes, Webb picked her up and comforted her. In addition, as the three women were walking through the house, C.L.S. began crying. Bobbie responded by grabbing the girl's arm and yanking her, just missing a piece of wood in the hallway that could have hit C.L.S.'s head.


McCorquodale testified that during her observation of the Smiths and their children, she did not see anything that concerned her about the Smiths' parenting abilities, and they were able to appropriately discipline the children.


Regarding their educational needs, Ron Province, the principal of Llano Elementary School testified about the older girls' attendance history and academic achievements. According to Province, S.R.H. enrolled in kindergarten in August 1997, withdrew in November, re-enrolled in December, and withdrew again in February 1998. S.R.H. returned to kindergarten the following school year, enrolling in the fall of 1998. Of 180 total days in the school year, S.R.H. missed 43 days. Consequently, she was assigned to mandatory summer school to make up some of the absences. She was pretty much on level in kindergarten, and after she completed summer school, she was pro

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