Ellis County Texas CPS and Family Court Case Raises Due Process and Child Safety Concerns
Overview
An active child custody case in Ellis County, Texas has raised significant concerns regarding the actions of Child Protective Services (CPS) and the family court system. The case involves Parent R.H.-270, a mother who reported ongoing abuse against her children, yet lost temporary custody despite documented allegations and a prior protective order against the children’s father.
What Happened
In early 2025, Parent R.H.-270 reported that her children disclosed physical abuse by their father and another adult in the home. She provided CPS with video evidence showing one child alleging physical harm. According to available records, the CPS investigation was closed without a full review of the evidence.
A subsequent medical report raised further concerns about the children’s safety. Despite this, custody proceedings moved forward, and on March 26, 2025, the Ellis County family court awarded temporary custody to the father without holding a hearing that allowed full presentation of evidence.
Following the custody transfer, the children were evaluated at a medical facility where injuries were documented. Reports were made to CPS and law enforcement. However, the children were returned to their father’s care shortly thereafter.
Key Findings
- Custody was awarded to a parent with a documented history of domestic violence and an existing protective order.
- CPS reportedly did not complete a thorough investigation into multiple abuse allegations.
- Medical documentation of injuries was not reflected in court outcomes.
- The court relied on disputed or unverified evidence while limiting consideration of opposing documentation.
- The mother was later restricted from filing motions without a substantial financial bond.
Named Officials
Kenneth Lundberg — Associate Judge, Ellis County Family Court
Approved temporary custody transfer without a full evidentiary hearing and without documented review of protective orders or abuse allegations.
William D. Wallace — Judge, Ellis County Family Court
Declared the mother a vexatious litigant, limiting her access to the court system without financial security.
Catherine Riggins — CPS Investigator, Texas Department of Family and Protective Services
Closed abuse investigations despite submitted evidence, including video and medical concerns.
Legal and Procedural Concerns
Due Process
The Fourteenth Amendment guarantees individuals the right to notice and an opportunity to be heard. In this case, records indicate that key decisions were made without full hearings or the ability for the mother to present evidence.
Failure to Investigate Abuse
Federal law under 42 U.S.C. § 5106a requires thorough investigation of abuse allegations. The closure of reports without documented investigative steps raises compliance concerns.
Reasonable Efforts Requirement
Under 42 U.S.C. § 671(a)(15), states are required to make reasonable efforts to prevent removal and reunify families. Available records do not indicate such efforts were documented.
Protective Order Enforcement
Texas Family Code § 85.026 requires enforcement of protective orders. Court actions involving the father’s influence over case processes may raise questions about compliance.
Impact on Children
Medical documentation noted injuries while the children were in their father’s care. The repeated placement decisions, despite these reports, may affect both physical safety and emotional stability. Limited access to their primary caregiver has also been noted as a concern.
Systemic Concerns
This case reflects broader concerns reported in family court and CPS systems, including:
- Dismissal of abuse allegations without full investigation
- Reliance on disputed or unverified evidence
- Barriers to court access for protective parents
- Limited enforcement of protective orders
What Should Have Happened
Standard procedure in similar cases typically includes:
- Full forensic investigation of abuse allegations
- Review of medical documentation and law enforcement reports
- Consideration and enforcement of existing protective orders
- Ensuring both parties have the opportunity to present evidence in court
- Implementation of safety planning and reunification services when appropriate
Why This Matters
Cases involving allegations of abuse require careful adherence to investigative protocols and due process protections. When these processes are not followed, the risk of harm to children increases, and public trust in the system is impacted.
Disclaimer
Officials named in this report are invited to respond or provide clarification by contacting press@fathersadvocacynetwork.com.
This report is based on available documentation, including court records, CPS reports, and supporting evidence.
Father’s Advocacy Network is not a law firm and does not provide legal advice. All content is for educational and informational purposes only.
Photo Credit: https://larryspeck.com/writing/ellis-county-courthouse/
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