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Sick Child in CPS Custody Dies

Updated: Monday, 23 Nov 2009, 5:45 PM CST

Published : Monday, 23 Nov 2009, 5:45 PM CST


Investigative Reporter

HOUSTON – All the little dresses and sweaters Chanel Hall bought for her only daughter will never be worn. All the toys will never be opened. Even a huge closet can’t hold all the “what if’s” that haunt the grieving mother.

“Of what things could have been and would have been for Jasmine,” Hall said.

Hall didn’t get much time with Jasmine. Soon after her medically fragile child was born, Children’s Protective Services took custody of her.

In an ironic twist of fate CPS takes Jamine away from her mother due to medical neglect, then Jasmine dies because her state appointed care giver is allegedly neglectful in her duties.

“It’s appalling, it’s more than ironic it’s shocking,” said Amira Jackmon, Hall’s niece and attorney.

“This wasn’t a mother who abused her child, neglected her child, this is a mother who had a disagreement with the hospital,” Jackmon said.

Jasmine was born premature which caused several medical problems.

“She had water on the brain and blood on the brain at one point,” Hall said.

The hospital contacted CPS because Hall wouldn’t consent to a tracheostomy for Jasmine.

“I never said no to the surgery,” Hall said. “I just asked for a second opinion and that was all.”

But Hall’s refusal to consent to the surgery quick enough to please the hospital prompted CPS to take custody of Jasmine. According to a lawsuit filed by Hall, CPS told the court Jasmine needed the surgery immediately.

“Or else there was a huge risk to Jasmine,” Jackmon said. “Then why did they wait two or three weeks to perform it?”

With a tracheal tube attached to her throat, CPS said Jasmine needed 24 hour medical care so she was placed in a foster home operated by a company called Lutheran Social Services of the South.

On July 16th Jasmine died and according to CPS documents her death could have been avoided. That document states the caregiver admitted she was documenting paperwork while the child was playing therefore she was unaware if the child pulled the tracheal tube out of her neck and she was unaware when the tracheal tube actually came out.

“Jasmine was suppose to be under 24 hour supervision, if she was doing paperwork she should have been in the same room as Jasmine,” Hall said.

CPS declined an on-camera interview or comment citing the lawsuit Hall has filed against them as well as Lutheran Social Services, which closed the foster home it operated here in Houston shortly after Jasmine’s death.

A spokesperson for Lutheran Social Services also declined comment.

“She was my last baby and my only daughter,” Hall said.

All she has now Hall said is a closet full of dresses with no little girl to wear them.

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