Tag: marijuana

drug abuse
Can Parents Lose Custody Over Legal Marijuana Use? Absolutely.

Source: Click here for original content


Scientific research confirms that most people who smoke marijuana before they have kids still occasionally get high after they become parents, and anecdotal research confirms that THC can make pushing a stroller through the park chill as hell. It is also a relatively safe stimulant in that if parents don’t hide it effectively — it’s really not that hard, get a kid-proof containermarijuana poses no serious medical risk to children.

But for parents in the throesw of a divorce, moderate, responsible, and even legal pot use represents a very real hazard. Despite shifting cultural and legal norms, marijuana consumption can and does come up in custody negotiations.

“If it’s a really bitter divorce or separation, you may see one party that’s the non-marijuana user call Child Protective Services, or at the very least threaten to,” explains Nicholas Dowgul, a North Carolina-based divorce attorney.

There are two basic ways a parent can have their custodial rights compromised by marijuana use.

The first involves the intervention of Child Protective Services, which typically assesses a parent’s use after receiving a tip (one can guess where such tips come from).

The other, more common scenario is during a contentious divorce. Though this may vary slightly based on state laws, past cases suggest that marijuana can cause custody problems even when it’s legal.

In 2016, a California father who used medical marijuana prescribed by a doctor after a car accident petitioned for custody of his baby and was forced by CPS (acting on a tip) to take a drug test that he failed. Instead of going home with his dad, the child, who the mother could no longer care for, was put into foster care.
In another case, a grandmother in Maine who sought to obtain custody of her grandchildren was denied because she was using medical marijuana for back pain.

Those children have been in state custody for a year.

Still, there’s a limited amount of case law marijuana and custody issues, making outcomes hard to predict. In states where marijuana is illegal, if a complaint is lodged by the other parent as part of a custody dispute, that parent would not have to prove the drug endangered a child. In states where weed is legal, they presumably would have to prove harm or risk (driving under the influence, leaving marijuana where kids can access it, or abusing it to the point of mental instability).

Still, it’s hard to know exactly what that means in practice other than that it’s likely a smoker with a contentious relationship with a former partner would be subjected to a drug test.

Ultimately, Dowgul explains, it comes down to a judge’s discretion.

In states where weed is legal, they presumably would have to prove harm or risk (driving under the influence, leaving marijuana where kids can access it, or abusing it to the point of mental instability).

Still, it’s hard to know exactly what that means in practice other than that it’s likely a smoker with a contentious relationship with a former partner would be subjected to a drug test.

Ultimately, Dowgul explains, it comes down to a judge’s discretion.

cps, drug abuse
CPS has requested a drug test from you: now what?

Source : Bryan Fagan, attorney at law

to view original content click here.

You may have come under the radar of CPS after someone has placed an anonymous call to the Texas Department of Family and Protective Services.

If the caller stated that you were using illegal drugs or that you were arrested for a drug-related offense then there is a good chance a caseworker will show up at your door asking that you take a drug test.

What is CPS?

CPS or the Child Protective Services is part of the Texas state agency, the Texas Department of Family and Protective Services.

CPS is required by law to investigate reports of child abuse or neglect.

CPS has specific time requirements, deadlines, and hearing protocols set forth in Federal Law, the Texas Family Code, and TDFPS handbook.

This means if someone makes a report such as the one described in the above scenario and if there are children involved then a CPS caseworker will be tasked with investigating the report.

Who Called CPS?

Many times, the people who meet with me know who called CPS on them. However, under Texas law, everyone has a duty to make a report when child abuse is suspected this means it could be anyone.

However, the law places a special duty on certain individuals such as:
  1. Doctors
  2. Lawyers and
  3. Therapist

All allegations of abuse or neglect are reported to a central intake office in Austin (for Texas cases).

Allegations can be reported by:
  1. calling 1-800-252-5400 or making a report
  2. online at https://www.txabusehotline.org

CPS Investigations

Each intake call is assigned a priority level and referred to an investigative worker in the county where the child lives.

A CPS investigation can lead to one of several outcomes:

  1. reason to believe;
  2. unable to determine;
  3. unable to determine with risk indicated;
  4. ruled out;
  5. ruled out with risk indicated; or
  6. unable to complete;

Can CPS take my child?

Yes, CPS can take your child.

If CPS investigates a report and believes the child to be in danger, it can remove the child from the unsafe environment.

An unsafe environment can include:

  1. use of illegal drugs by members of the child’s household,
  2. failure to provide enough food or
  3. sufficient medical care
  4. failure to keep firearms locked up
  5. physical violence to the child or another household member, and
  6. sexual contact with a child

There are generally three ways a child may be removed from you:

  1. Immediately if CPS determines a child is at risk of immediate harm or danger or
  2. by filing a lawsuit and requesting a Court Order
  3. Getting you to agree to voluntarily place the child with a friend or relative

What happens after CPS removal? – The Full Adversary Hearing

Under the Texas Family Code Section 262.201 a court hearing is required to be held within 14 days after the children are removed.

CPS has the burden at the full adversary hearing of showing the following:

  1. there was a danger to the physical health or safety of the child which was caused by an act or failure to act of the person entitled to possession and for the child to remain in the home is contrary to the welfare of the child;
  2. the urgent need for protection required the immediate removal of the child and reasonable efforts, consistent with the circumstances and providing for the safety of the child, were made to eliminate or prevent the child’s removal; and
  3. reasonable efforts have been made to enable the child to return home, but there is a substantial risk of a continuing danger if the child is returned home.

At this hearing, the judge will make decisions on the following:

  1. The child should be returned to the home;
  2. Stay with a friend or family member, or
  3. Remain in CPS custody (foster care)
  4. Whether to order parents to attend parenting classes
  5. Whether to order parents to complete an anger management course,
  6. Whether to order parents to go through a drug or alcohol rehabilitation program
  7. Whether to order parents to other requirements before the child will be returned

Prior to the hearing, CPS will:

  1. notify the child’s parents in writing and
  2. will provide any papers filed with the court that supports the removal.
  3. The papers will include a statement by the investigator with the reasons for the removal.

Permanency Conference or Family Group Conference

Generally, after the full adversary hearing and before the status hearing, CPS will hold a permanency conference or a family group conference.

The purpose of these meetings is to discuss:

  1. the long-term goals for the child
  2. the needs of the child, and
  3. the services the parent need to complete

The goals can include:

  1. family reunification
  2. relative or unrelated adoption
  3. relative or unrelated conservatorship
  4. TDFPS conservatorship with or without termination, or
  5. independent living

The needs of the child can include:

  1. a medical exam
  2. forensic interview
  3. psychological, therapy
  4. educational assessment etc.

What is a CPS service plan?

A service plan is a written plan setting forth recommendations
and steps that must be taken before the child will be allowed to return home.

No more than 45 days after the full adversary hearing CPS must file a family service plan which specifically lays out the services CPS is requesting the parent to complete in order to achieve the permanency goal.

For example, if the child was removed for physical abuse and there are no positive drug tests or any allegations of drug use;
it may not be necessary for a parent to do a drug and alcohol evaluation and random drug testing to alleviate the reason for the child’s removal.

A typical family service plan will include the following:

  1. Parenting Classes
  2. Stable and hazard free housing for 6 months;
  3. Stable income for 6 months;
  4. Psychosocial or psychological;
  5. Individual counseling;
  6. Random drug testing;
  7. Drug and alcohol assessment;
  8. Attend all visits, court hearings, and meetings;
  9. Maintain weekly or monthly contact with the caseworker; and
  10. Notify the caseworker within 24 hours of moving or a change in phone numbers

Drug Testing

Drug and alcohol testing has become commonplace in CPS cases. New types of testing have been developed to help determine what the person is using illegally since most drug users are not always truthful.

If your children have not already been removed the drug test that is performed is typically a swab or urine test.

If you test positive the CPS caseworker will ask you to voluntarily sign a safety plan that places your children with another friend or relative. If you refuse, they will likely, but not always file a suit and state the basis to remove the child is neglectful supervision.

Neglectful Supervision

The elements of neglectful supervision are:

  1. Placing the child in or failing to remove a child from a situation that a reasonable person would realize:
  2. requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities; and
  3. that results in bodily injury or a substantial risk of immediate harm to the child; placing a child in or
  4. failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child; or
  5. placing a child in or failing to remove the child from a situation in which the child would be exposed to sexual abuse committed against another child.

Texas CPS Drug Policy

The following is a policy regarding drug testing from the CPShandbook:

Refusal to Test

“When testing is appropriate under 1920 Substance Abuse Testing, but the client refuses to take a drug test, the caseworker must document the refusal to be tested.

If a parent refuses to take a drug test or refuses to allow a child who is an alleged perpetrator to be tested, the caseworker consults with the supervisor in a staffing meeting. The supervisor may recommend legal intervention if the evidence raises concern for the child’s safety.

For cases under court jurisdiction, the caseworker must notify the judge and attorneys about the client’s refusal to test.”

Positive Result

“The caseworker must assess a positive drug test result in relationship to the child’s safety and risk.
The result must be discussed with the parent in a timely manner.

If a parent with a positive drug result is not engaged in substance abuse treatment and is actively parenting a child, the caseworker refers the parent to:

  1. a provider of outreach, screening, assessment, and referral (OSAR) services or
  2. a provider of substance abuse treatment.

The threshold that makes a referral appropriate is based on the definition of a child not being safe.

That is, a child is not safe when:
  1. threats or dangers exist in the family that are related to substance use;
  2. the child is vulnerable to such threats; and
  3. the parent who is using substances does not have sufficient protective capacities to manage or control threats.”

Thus, if you test positive, and refuse to sign the safety plan, there is a high chance a lawsuit to remove your children will follow.

What are your rights?

  1. You have the right to talk to your CPS caseworker. Communications with the CPS caseworker are not confidential and can come out in court.
  2. If CPS has filed a lawsuit against you for conservatorship of your child and/or termination of your parental rights, you have the right to a court appointed attorney if you cannot afford one.
  3. You have the right to visit with their child unless the Court has ordered no visitation.
  4. You have the right to be informed of their child’s current medical condition and any change of placement; but not the location of the placement.
  5. You have the right to deny the allegations made by CPS
  6. You have the right to be notified of all hearings and permanency conferences or family group conferences.
  7. You have the right to an interpreter if you do not understand English.
  8. You also have the right to a jury trial.

Once the service plan expires, you have the right to bring your child home unless:

  1. the service plan is renewed, or
  2. there is a court order (signed by a judge) saying that you can’t.

What You Should Know if CPS Targets You?

  1. Take the accusation seriously. It doesn’t matter if you think the allegation is unreasonable or stupid. CPS is serious and will presume that you are guilty as accused. They may not say that they are there to take your children, but they very well may.
  2. Do not talk. Do not try to explain it is important that you not talk to anyone but your attorney.
  3. You must find an attorney who has experience in fighting CPS, as soon as you realize your family is being investigated.
  4. Be polite
  5. Never let any government agency in your home unless he or she has a warrant or order issued by a court.
  6. If the accusation is one of physical abuse, have your doctor immediately give your child a thorough physical exam. Ask your doctor to write a letter stating that no bruises, marks, or health concerns were found on the child that would create suspicion of child abuse or neglect.

How long can my CPS case stay open?

Without the agreement, the longest a case will stay open is about 18 months from the time of removalRemember: If you need help, you’re not alone.
(more…)

Source : Bryan Fagan, attorney at law

to view original content click here.

You may have come under the radar of CPS after someone has placed an anonymous call to the Texas Department of Family and Protective Services.

If the caller stated that you were using illegal drugs or that you were arrested for a drug-related offense then there is a good chance a caseworker will show up at your door asking that you take a drug test.

What is CPS?

CPS or the Child Protective Services is part of the Texas state agency, the Texas Department of Family and Protective Services.

CPS is required by law to investigate reports of child abuse or neglect.

CPS has specific time requirements, deadlines, and hearing protocols set forth in Federal Law, the Texas Family Code, and TDFPS handbook.

This means if someone makes a report such as the one described in the above scenario and if there are children involved then a CPS caseworker will be tasked with investigating the report.

Who Called CPS?

Many times, the people who meet with me know who called CPS on them. However, under Texas law, everyone has a duty to make a report when child abuse is suspected this means it could be anyone.

However, the law places a special duty on certain individuals such as:
  1. Doctors
  2. Lawyers and
  3. Therapist

All allegations of abuse or neglect are reported to a central intake office in Austin (for Texas cases).

Allegations can be reported by:
  1. calling 1-800-252-5400 or making a report
  2. online at https://www.txabusehotline.org

CPS Investigations

Each intake call is assigned a priority level and referred to an investigative worker in the county where the child lives.

A CPS investigation can lead to one of several outcomes:

  1. reason to believe;
  2. unable to determine;
  3. unable to determine with risk indicated;
  4. ruled out;
  5. ruled out with risk indicated; or
  6. unable to complete;

Can CPS take my child?

Yes, CPS can take your child.

If CPS investigates a report and believes the child to be in danger, it can remove the child from the unsafe environment.

An unsafe environment can include:

  1. use of illegal drugs by members of the child’s household,
  2. failure to provide enough food or
  3. sufficient medical care
  4. failure to keep firearms locked up
  5. physical violence to the child or another household member, and
  6. sexual contact with a child

There are generally three ways a child may be removed from you:

  1. Immediately if CPS determines a child is at risk of immediate harm or danger or
  2. by filing a lawsuit and requesting a Court Order
  3. Getting you to agree to voluntarily place the child with a friend or relative

What happens after CPS removal? – The Full Adversary Hearing

Under the Texas Family Code Section 262.201 a court hearing is required to be held within 14 days after the children are removed.

CPS has the burden at the full adversary hearing of showing the following:

  1. there was a danger to the physical health or safety of the child which was caused by an act or failure to act of the person entitled to possession and for the child to remain in the home is contrary to the welfare of the child;
  2. the urgent need for protection required the immediate removal of the child and reasonable efforts, consistent with the circumstances and providing for the safety of the child, were made to eliminate or prevent the child’s removal; and
  3. reasonable efforts have been made to enable the child to return home, but there is a substantial risk of a continuing danger if the child is returned home.

At this hearing, the judge will make decisions on the following:

  1. The child should be returned to the home;
  2. Stay with a friend or family member, or
  3. Remain in CPS custody (foster care)
  4. Whether to order parents to attend parenting classes
  5. Whether to order parents to complete an anger management course,
  6. Whether to order parents to go through a drug or alcohol rehabilitation program
  7. Whether to order parents to other requirements before the child will be returned

Prior to the hearing, CPS will:

  1. notify the child’s parents in writing and
  2. will provide any papers filed with the court that supports the removal.
  3. The papers will include a statement by the investigator with the reasons for the removal.

Permanency Conference or Family Group Conference

Generally, after the full adversary hearing and before the status hearing, CPS will hold a permanency conference or a family group conference.

The purpose of these meetings is to discuss:

  1. the long-term goals for the child
  2. the needs of the child, and
  3. the services the parent need to complete

The goals can include:

  1. family reunification
  2. relative or unrelated adoption
  3. relative or unrelated conservatorship
  4. TDFPS conservatorship with or without termination, or
  5. independent living

The needs of the child can include:

  1. a medical exam
  2. forensic interview
  3. psychological, therapy
  4. educational assessment etc.

What is a CPS service plan?

A service plan is a written plan setting forth recommendations
and steps that must be taken before the child will be allowed to return home.

No more than 45 days after the full adversary hearing CPS must file a family service plan which specifically lays out the services CPS is requesting the parent to complete in order to achieve the permanency goal.

For example, if the child was removed for physical abuse and there are no positive drug tests or any allegations of drug use;
it may not be necessary for a parent to do a drug and alcohol evaluation and random drug testing to alleviate the reason for the child’s removal.

A typical family service plan will include the following:

  1. Parenting Classes
  2. Stable and hazard free housing for 6 months;
  3. Stable income for 6 months;
  4. Psychosocial or psychological;
  5. Individual counseling;
  6. Random drug testing;
  7. Drug and alcohol assessment;
  8. Attend all visits, court hearings, and meetings;
  9. Maintain weekly or monthly contact with the caseworker; and
  10. Notify the caseworker within 24 hours of moving or a change in phone numbers

Drug Testing

Drug and alcohol testing has become commonplace in CPS cases. New types of testing have been developed to help determine what the person is using illegally since most drug users are not always truthful.

If your children have not already been removed the drug test that is performed is typically a swab or urine test.

If you test positive the CPS caseworker will ask you to voluntarily sign a safety plan that places your children with another friend or relative. If you refuse, they will likely, but not always file a suit and state the basis to remove the child is neglectful supervision.

Neglectful Supervision

The elements of neglectful supervision are:

  1. Placing the child in or failing to remove a child from a situation that a reasonable person would realize:
  2. requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities; and
  3. that results in bodily injury or a substantial risk of immediate harm to the child; placing a child in or
  4. failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child; or
  5. placing a child in or failing to remove the child from a situation in which the child would be exposed to sexual abuse committed against another child.

Texas CPS Drug Policy

The following is a policy regarding drug testing from the CPShandbook:

Refusal to Test

“When testing is appropriate under 1920 Substance Abuse Testing, but the client refuses to take a drug test, the caseworker must document the refusal to be tested.

If a parent refuses to take a drug test or refuses to allow a child who is an alleged perpetrator to be tested, the caseworker consults with the supervisor in a staffing meeting. The supervisor may recommend legal intervention if the evidence raises concern for the child’s safety.

For cases under court jurisdiction, the caseworker must notify the judge and attorneys about the client’s refusal to test.”

Positive Result

“The caseworker must assess a positive drug test result in relationship to the child’s safety and risk.
The result must be discussed with the parent in a timely manner.

If a parent with a positive drug result is not engaged in substance abuse treatment and is actively parenting a child, the caseworker refers the parent to:

  1. a provider of outreach, screening, assessment, and referral (OSAR) services or
  2. a provider of substance abuse treatment.

The threshold that makes a referral appropriate is based on the definition of a child not being safe.

That is, a child is not safe when:
  1. threats or dangers exist in the family that are related to substance use;
  2. the child is vulnerable to such threats; and
  3. the parent who is using substances does not have sufficient protective capacities to manage or control threats.”

Thus, if you test positive, and refuse to sign the safety plan, there is a high chance a lawsuit to remove your children will follow.

What are your rights?

  1. You have the right to talk to your CPS caseworker. Communications with the CPS caseworker are not confidential and can come out in court.
  2. If CPS has filed a lawsuit against you for conservatorship of your child and/or termination of your parental rights, you have the right to a court appointed attorney if you cannot afford one.
  3. You have the right to visit with their child unless the Court has ordered no visitation.
  4. You have the right to be informed of their child’s current medical condition and any change of placement; but not the location of the placement.
  5. You have the right to deny the allegations made by CPS
  6. You have the right to be notified of all hearings and permanency conferences or family group conferences.
  7. You have the right to an interpreter if you do not understand English.
  8. You also have the right to a jury trial.

Once the service plan expires, you have the right to bring your child home unless:

  1. the service plan is renewed, or
  2. there is a court order (signed by a judge) saying that you can’t.

What You Should Know if CPS Targets You?

  1. Take the accusation seriously. It doesn’t matter if you think the allegation is unreasonable or stupid. CPS is serious and will presume that you are guilty as accused. They may not say that they are there to take your children, but they very well may.
  2. Do not talk. Do not try to explain it is important that you not talk to anyone but your attorney.
  3. You must find an attorney who has experience in fighting CPS, as soon as you realize your family is being investigated.
  4. Be polite
  5. Never let any government agency in your home unless he or she has a warrant or order issued by a court.
  6. If the accusation is one of physical abuse, have your doctor immediately give your child a thorough physical exam. Ask your doctor to write a letter stating that no bruises, marks, or health concerns were found on the child that would create suspicion of child abuse or neglect.

How long can my CPS case stay open?

Without the agreement, the longest a case will stay open is about 18 months from the time of removalRemember: If you need help, you’re not alone.
(more…)
abuse, accountability, child death, child welfare reform, foster care abuse, cps, death, family, foster care, foster child, foster home, foster parent, social services, system failure, system failure children
MURDERED TWO YEAR OLD WAS BEING “PROTECTED” BY CPS FROM HER POT-SMOKING (“Midnight Toking”) DAD

… Another baby protected to death while in the governments’ care…
image

A loving father lost custody of his little girl last November in Austin, Tx, after he admitted to.smoking marijuana at night after he put his child down for bedtime.

The precious little girl was not ill, or harmed by her fathers nightcap, nor was she exposed to the marijuana he smoked, yet this loving parent had his two year old baby girl taken by CPS and placed in foster care last fall.

At visits, the father noticed bruises on his daughter, and voiced his concerns for the welfare of his little girl at the foster home she’d been placed in. Those concerns went ignored by CPS.

Now this beautiful baby girl was MURDERED in foster care by an abusive foster mom who was in it for the money! Below is an article where the woman admits, after changing her story a few times, that she slammed the little two year old girl down on her head at least two times before losing her grip the third time, dropping the girl on her head. Causing her death.

The foster mother was angry at the little girl for waking up hungry and getting herself something to eat and some water to drink out of the kitchen. So she killed her.

This child was removed from her natural home because of a father’s recreational marijuana use. The same natural herb that is rapidly being decriminalized in many other U.S. states!! Really.

As an advocate for the foster children and families torn apart wrongly by the system, I have stated before, my stance, on the issue of drug use and CPS. I strongly believe that absent evidence of abuse or neglect, and absent injury or harm to the child,there should be no reason for the removal of that child from their natural home solely because of a parents’ drug use and/or drug addiction particularly if there is no reason to believe that the drug was never used in the presence of the child. If the use of the marijuana was kept outside the child’s awareness, smoked after bedtime, I do not agree with the removal of that child solely due to that recreational marijuana use if it truly had no deleterious effect on the child, and where there is no other sign of abuse or neglect, and no injury to the child!

If the social worker truly believes a parent has a drug problem.. there are plenty of outpatient rehabilitation programs available for the parent to receive help that the CPS worker could refer the parent to, while keeping the family unit in-tact.

Had an approach such a that been utilized in this situation, this baby girl would not have suffered abuse by the FOSTER PARENT and would not have been brutally and senselessly murdered! I also question the worker monitoring the visits who failed to investigate the signs of abuse that the father pointed out with obvious concern. What happened there?
What this is .. is a child welfare system failure at its worst!

I hope this case grinds deep into the minds of every cps worker. I hope this reminds them to rethink when they begin to needlessly remove a child from an abuse-free/neglect-free home where other in-home services are available.

CHILDREN ARE NOT A SOURCE OF INCOME …. THIS WOMAN, when convicted (seems inevitable since she’s already confessed though, technically, she is still innocent til proven guilty in the court of law) (supposedly) SHE DESERVES  DEATH…(and in my opinion,a slow painful death)

It should be recorded and televised for foster parents to-be to watch in training class. Then maybe the “monsters to-be” who are getting into foster parenting to “earn an income” like this monster did.. will reconsider fostering and go get a JOB away from our children if they saw something REAL AND JUST being done about those who abuse and kill foster children!

God be with this baby girls’ family in this time of grief.

I hope this tragic loss changes something in the system, for change is so drastically needed.

image
May this little girls death not be in vain.

ROCKDALE POLICE: FOSTER MOTHER ADMITS SHE SLAMMED TWO YEAR OLD FOSTER CHILD ON HER HEAD

by ASHLEY GOUDEAU / KVUE News and Photojournalist ERIN COKER Bio | Email | Follow: @AshleyG_KVUE

ROCKDALE, Texas — Tucked away behind the trees in Rockdale, Texas is a normally quiet neighborhood, but the peace has been shattered.

“It shocked me. It really did,” said Lois Rash, who lives in Rockdale.

“It’s a shame. Never should have happened,” added neighbor Larry McAdams.

Their neighbor, 54-year-old Sherill Small is now charged with the murder of her foster daughter Alexandria Hill, better known as Alex.

Monday night, police, fire and EMS crews were called out to the Small home. Small, who was the only person home at the time, called and said the two-year-old wasn’t breathing.

Alex was taken to the hospital, then airlifted to the children’s hospital in Temple. Alex’s biological parents rushed to her side.

“When I got there, it was about 1:00 in the morning and I found out that Alex was in a coma,” said her father Joshua Hill.

Wednesday night Hill and Alex’s mother decided to take her off life support.

“There’s not words to describe trying to make that decision,” said Hill.

Back in Rockdale, police say Small’s story about what happened kept changing.

“Originally, Mrs. Small reported that the child was running backwards and had fallen and this is how she had received the injuries. Later, it changed to kind of we were playing ring-around-the-rosy and I was swinging her and she fell,” said Rockdale Police Chief Thomas Harris. “And at some point somebody had gotten information that she was supposed to have been riding a bicycle and fallen off.”

Chief Harris said things just didn’t add up.

“I mean a two year old child doesn’t run backwards and fall hard enough to get this type of an injury,” explained Harris.

Doctors say Alex had hemorrhaging in her brain and eyes. An autopsy shows she had blunt force trauma to the head.

Harris says Thursday morning, Small finally told them the truth.

“She had evidently been frustrated with the child all day long. She had… the child… had evidently gotten up before the Small’s did and she had went and got into some food and some water,” said Harris. “That is what Mrs. Small was initially upset with her about…. had made her stand in a dark room, according to our reports, for at least three-to-four hours, wouldn’t let her sit or anything.”

Then around 7:00 that night, the young child, so full of life, was knocked unconscious.

“She actually admitted that she had slung the child down on the floor,” said Harris.

Small told investigators she raised the toddler over her head and slung her down toward the floor twice.

“On the third time down she said she lost her grip and dropped the child. Slammed the child down on the floor,” explained Harris.

Harris says Small’s husband, who wasn’t home when the incident happened, became emotional and even cried when talking to police. But not Small.

“I did not see a whole lot of remorse. I think it’s more like a lot of times these people’s, they’re sorry that they’re in trouble. This is the sense that I get. It’s still about them, it’s not really remorse about the child. I never got that feeling,” added Harris.

The Small’s had another foster child who is eight-months-old. That child has been removed.

Police say neither Small or her husband had jobs, but were instead planning to foster between five and six children as a source of income.

Small is in the Milam County Jail. Her bond has been set at $100,000.