The Classic CASE of Misguided Justice

Source: Joneisha Bobb Supporters

In August 2013, Harris County resident, Joneisha Bobb, pregnant mother of two children was at work when she received alarming news that her daughter who was 1 year old at the time had sustained a major injury and was transported to Hermann Memorial Children’s Hospital for medical care. The medical exam revealed evidence of a broken chest plate, two healing fractures of ribs, fractured spleen, and lacerations to her daughter’s pancreas. In a response to questions about her reaction after receiving the medical report, Ms. Bobb stated, “My mouth dropped open. I was in a state of shock from just hearing it.” Deeply gripped by emotions, Ms. Bobb also stated that she asked so many questions about how this could have happened and how old the injuries were but she did not receive a response. She was simply informed by the hospital that Children’s Protective Services (CPS) would be called. A medical doctor later presented findings to CPS that the injuries to the child could have only been made by an adult. The CPS investigation indicated that several adults had access to the child during the period of injury and that neither Ms. Bobb nor Odell Allen was the primary caregiver in that period of time, yet Ms. Bobb’s oldest son, who was 8 years old at the time was placed by CPS with one of 7 adults having access to Ms. Bobb’s daughter during the time of injury. Ms. Bobb’s responded only with more questions when asked for her opinion on the choice of temporary placement for her oldest son. She stated, “If she had my daughter then why she is not in jail? Why did CPS place him in her care?” Joneisha Bobb has been fighting to get her children returned to her but as a condition; CPS is requiring that Joneisha Bobb declares Odell Allen as the perpetrator of her daughter’s injuries. Odell Allen is the only male of the 7 adults having access to her daughter during the possible period of injury. Ms. Bobb is unsure of who caused her daughter’s injuries but has reason to believe that CPS has been shortsighted in their investigation. She has been crying out to have others in which she believes may have caused the injuries properly investigated. CPS ignored her requests for a thorough investigation. Ms. Bobb has also been crying out to have her son temporarily placed with biological family but has been ignored by both CPS and CASA. Mr. Allen has been detained in the Harris County Jail for 10 months and is awaiting trial which begins July 30, 2014.

Widely financially donor and government supported, Court Appointed Special Advocate
(CASA) of Fort Bend was assigned to the family court case. CASA are volunteers from all walks of life who advocate for and assist the court to determine the best interest of the children. CASA and CPS joined forces to remove the victim and successfully placed her in the custody of the biological father. However, the custody of Ms. Bobb’s oldest son is to be determined. In the Joneisha Bobb vs. Fort Bend County which is newly assigned to cluster family court in Fort Bend County, the fate of her oldest son will be decided.

After receiving several distress calls from Ms. Bobb, a Licensed Professional Counselor and Licensed Clinical Social Worker elected to intervene with CPS and CASA to provide diagnostic consultation services on the case. They performed a careful review of the affidavits, investigation reports, and clinical information and suggested that CPS and CASA due diligently explore other adults involved in the case and even Ms. Bobb’s 8 years old son as possible suspects. The specialists expressed concern about missing key information commonly present in a thorough investigation, provided education and information to CPS and CASA about pre-existing mental health diagnoses relevant to the case, identified behaviors patterns and signs that may have been overlooked, and pointed out the repeated outcry of Ms. Bobb which was evident in documents. CPS and CASA lacking expert knowledge and skill in the field of mental health and behavior psychology and respect for consultation ignored the advice of the specialists and even sought a judicial order for their removal from the case. Although CPS and CASA pursued the removal of the specialists, it was unsuccessful. Nonetheless, it is clear that CPS and CASA discounted the importance of behavioral analysis and expert consultation when working with special victims. The specialist expressed concern that CPS and CASA’s requirement that Ms. Bobb declare Mr. Allen guilty before he is convicted in a court of law is coercive.

It is dangerous for the unqualified to hold so much power in our child welfare system. Ms. Bobb is fighting for the custody of her children in a child welfare system led by the unqualified and misguided. The work of CPS and CASA should be led by highly trained, experienced, and interdisciplinary licensed professionals consulting with each other to determine the best interest of children and families. There is a much needed change in our child welfare system! Please contact your legislators.