Five-year-old who tested positive for cocaine now in CPS custody


“Since he’s been born, he’s always been with me,” said Cathy Barnes the boy’s mother.

In our Only On FOX report we told you how Child Protective Services took Barnes’ 5-year-old son away from her in March after abuse allegations were made against her boyfriend.

“We know why the allegations are coming in. We know who's doing it,” said attorney Julie Ketterman. “They still have to be addressed.”

Family court Judge Charlie Prine gave custody to the boy’s dad and left the child with him, even after the boy tested positive for cocaine last month.

During Friday’s emergency court hearing our report was mentioned several times.

“If it takes me making noise and getting in people’s face and getting yelled at and screamed at then that’s fine,” Ketterman said.

Barnes has no criminal history and her drug test came back negative.

But the boy’s dad has a documented history of run-ins with the law and according to testimony tested positive for cocaine and marijuana.

Judge Prine granted CPS’s motion to take temporary custody of the boy who will be placed with his maternal grandparents.

Neither parent can see the boy or talk to him on the phone the judge ordered until the next court date.

“It’s my job to protect the child,” Judge Prine said from the bench. “And that’s what I’m going to do.

“I’m happy with the judge’s decision,” Barnes said. “He’s going to be with my parents that’s the most important thing that my son is going to be in good hands.”

“This is what we’ve wanted since day one,” Ketterman said. “For somebody to listen to what’s going on with this kiddo that’s all we’ve asked.”

FOX 26 asked the assistant county attorney representing CPS and the father’s attorney if they wanted to talk to us and both declined.  

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