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Smith v. Texas Department of Protective and Regulatory Services9/11/2003
his ninth year of a ten-year probation sentence, resulting from the delivery of a controlled substance conviction. He had another fourteen months left to complete his probation. Carlos has had no other criminal arrests.
In 1996, Carlos tested positive for marihuana; consequently, he agreed to a voluntary modification of his probation and was committed to a substance abuse felony punishment facility (SAFPF) for nine months. Upon completion of his nine months in SAFPF, Carlos spent ninety days in a halfway house before returning home.
In October 2000, Carlos again tested positive for drugs. He had four children living with him and Bobbie at the time. He agreed to another voluntary modification of his probation and was committed first to the Llano County jail until February 2001, when a space became available and he was able to move to an intermediate sanction facility, where he received drug counseling.
He testified he has not used any drugs since then. In fact, he stated that he has been in recovery for several years, and his last incarceration was the result of a relapse during his recovery. He also testified that he never used drugs around the children or with Bobbie.
In October 2001, after the Department removed his children from the home, Carlos requested and was granted an early release from the intermediate sanction facility following a court hearing. Carlos was instructed to repair his home and instead of paying child support , he was to use his money to fund those repairs, so that the children could be returned to him. When not incarcerated, Carlos has held various jobs to support the family.
The children
S.R.H. is the oldest child. Her biological father is Darrell Slaughter, but she was raised by Carlos most of her life. She was born in June 1992 and was ten years old at the time of trial. S.R.H. was born with a non-cancerous tumor between her eyes. She also suffers from very poor eyesight. She is otherwise physically healthy. When she was about seven or eight years old, S.R.H. was sexually abused by her maternal grandmother's boyfriend. When Bobbie found out, she filed charges with the police and took S.R.H. to a children's advocacy center to be interviewed and to receive counseling. The Department was not involved at the time.
C.C.S. was born in March 1995 and was seven years old at the time of trial. She is a healthy child and suffers from no special problems. C.A.S., a son, was born a year later in March 1996; he was six at the time of trial. C.A.S. is also a healthy child who suffers from no special medical conditions. C.L.S., another daughter, was born in November 1999; she was two at the time of trial. She too is a healthy child. The Smiths' youngest daughter, C.R.S., was born in December 2000; she was two months old when she was removed from her home. At the time, C.R.S. required an apnea monitor to monitor her breathing. After she was removed from her home, C.R.S. was diagnosed with mild cerebral palsy and suffered from seizures.
The Department becomes involved
The Department first became involved with the family in September 2000, when it received a referral regarding S.R.H. and C.C.S. A Llano police officer observed the two girls, who were eight and five respectively at the time, walking to school along a highway accompanied only by a fifteen-year-old girl and informed the Department. Bobbie had left the girls in the care of Carlos's mother, Beulah Smith, while Bobbie visited her grandmother, who was in an intensive care unit in a San Antonio hospital. The two girls had missed the schoolbus and were walking to school with the fifteen-year-old friend of the family when they were ob
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