Mother accuses CPS of fabricating evidence in lawsuit

HOUSTON (FOX 26) - "I had no idea they can do what they do," said Barbara Marks.

Before Child Protective Services had Marks in its crosshairs, that state agency thought highly of her as a parent. She was a parental safety placement for a drug addicted baby.

"The baby was weaned off of methadone in the hospital and said 'will you take the baby,'" Marks said.

In a series of Only on FOX reports, we told you how CPS removed Mark's three children from her home in 2015 after she says she accidentally poked her son, who was 11 at the time, in the eye. The boy has emotional issues that his mother says CPS was aware of. He wasn't injured and the police took no action.

"As soon as I went to court I thought they would say 'oh we made a mistake' and give me my kids back," Marks said. "That did not happen."

Marks says she had to go two months before she even saw her baby girl who as only 11 months old.

"It was horrible. It's like your child died and you don't know if you're ever going to see them again," said Marks.

Marks is now suing the CPS caseworker and her supervisor. That suit alleges the two fabricated evidence to remove the children and keep the case open for eight months.

"They lied to get the order then used the judge's signature and the lies in that order to take the children," said attorney Ed Rose. The motive according to Rose: money.

"It has to do with the federal funding they get when children are placed in foster care and the counties make a lot of money and then money goes down to the next level," Rose said. "Counselors, drug rehabilitation places, everybody gets a part of the dollar."

CPS sent us this response:

The Texas Department of Family and Protective Services is limited to what we can say due to the pending lawsuit. We intend to respond in the legal case.