Mom says CPS kept kids for 5 months due to accidental eye poke

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“It’s been emotionally upsetting it’s been financially disruptive,” said Barbara Martin. “It’s a nightmare.”

That’s how Martin describes the last 5 months with her three children in the custody of Child Protective Services. Martin admits she accidentally poked her 11-year-old son in the eye while he was throwing a tantrum.

“It was evident that he had a tantrum and threw things,” Martin said.

While the police sided with Martin CPS accused her of poking her son in the eye to discipline him.

“And the girls were taken 8 days after the accident,” said Martin.

“It was a miscarriage of justice what happened to my client,” said attorney Jon Parchman.

Parchman says taxpayers should be angry because he says the agency spent tens of thousands of dollars on a case that should have never been a case in the first place.

“They were dishonest and deceitful their affidavit that they signed to get an emergency removal was completely dishonest added facts a bunch of hearsay,” Parchman said. “But that’s not unusual that’s kind of their modus operandi.”

The worst part for Martin was being separated from her baby who was only 11 months old when CPS took her.

“I only saw her three times for one hour each during two months,” Martin said.

“I don’t think CPS considers the psychological damage they’re doing to these kids in the name of the best interest of the child,” Parchman said..

In a prepared statement CPS tells Fox26,

“All parties, CPS the child’s attorney and CASA agreed that Ms. Martin made all of the necessary changes to make her home safe again for the return of her children. Although she’s getting custody back we’ll continue to monitor to make sure we’re helping the family as needed.”