Mother was not neglectful before 2-year-old son was taken by CPS, pediatrician testifies

The pediatrician for a Corinth toddler who was removed by Child Protective Services testified in court on Wednesday that the boy's mother had been diligent in caring for her son and not neglectful, as CPS claimed.

2-year-old Josiah was removed from his mother after she left Children's Health Dallas against medical advice

Joslyn Sanders told FOX 4 it was to get a second opinion about his treatment. The boy has now been away from her son for 69 days.

The ordeal began on December 20, when she took Josiah to Children's Health Dallas at the recommendation of her pediatrician.

There were concerns about a rash that was causing swelling and his skin to flake.

A doctor at Children's recommended her child receive an antibiotic with what is known as a "black box label." That means it has not been tested extensively with the FDA.

Medical records show Sanders did not want to give her child that medication, so she left the hospital against medical advice. That triggered a CPS investigation.

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Corinth woman fighting to get her son back from CPS after being removed without court order

The boy's mother says she never imagined that taking her son to the hospital for a rash would end with him being taken from her home the next day. Her court hearing to try to get her son back is still a week away.

Police in Corinth were involved and, according to a police report, Sanders was willing to take her child to a different hospital.

A CPS caseworker said that was not an option and proceeded to remove Josiah, taking him back to Children's Dallas.

Dr. Suzanne Dakil is a member of the Referral and Evaluation of At-Risk Children team at Children's Dallas, known as REACH.

She testified that Josiah was malnourished and that is what caused the rash, but he also refused to eat for their team of professionals.

"The problem was oral aversion. He wouldn’t put anything in his mouth," said Dakil.

The hospital gave him a feeding tube, and he has since gained 8 pounds in 2 months.

Dr. Dakil testified that she never had contact with Sanders because the mother's information was no longer in the system after the CPS removal.

The doctor was asked if Sanders had been able to take Josiah to a different hospital if his health improvement would be similar.

"Of course," Dakil replied.

Sanders' attorney then asked, "Would it surprise you that Ms. Sanders agreed to admit her child to a different hospital?"

"Yes, I have not been told that, so it would surprise me," Dakil replied.

Dr. Randy Naidoo, Josiah's pediatrician with Shine Pediatrics testified, "This is not a family who has been neglectful."

Naidoo said he believed that Josiah's condition would have improved even if CPS had not gotten involved.

"You have no way to know that," said the attorney for the state.

"And you have no way to know that either," Naidoo replied.

There was no decision made in court on Wednesday.

The hearing is scheduled to resume March 6 in Denton.