Texas CPS is Using This Outdated Medical Theory To Remove Children

Texas CPS is Using This Outdated Medical Theory To Remove Children

July 9th hearing approaching: Our legal team will stand with Candace and Nick to ask the court to immediately return Luca home where he belongs.

July 9th hearing approaching: Our legal team will stand with Candace and Nick to ask the court to immediately return Luca home where he belongs.

How Luca’s Family Got Here

On September 30, 2025, Luca entered the world after a high-risk pregnancy. His parents, Candace and Nick, were grateful to bring their baby boy home and settle into the rhythms of new parenthood.

On January 10, after a frightening medical episode, they rushed Luca to Texas Children’s Hospital. What began as a desperate search for answers quickly became a CPS investigation.

Within days, Luca was taken and placed in foster care.

Where the Case Stands

Right now, Luca’s family is preparing for a major July 9 hearing seeking his immediate return.

1

Luca Hospitalized

Luca experiences an alarming breath-holding episode where he seems to struggle to stay conscious. The situation rapidly becomes a medical emergency. Candace attempts to stimulate him with cold water due to his unresponsiveness, as they rush Luca to the hospital.

2

Doctors Allege Abuse

Scans reveal bleeding around Luca’s brain, and additional testing identifies retinal hemorrhages.  Candace and Nick provide information about a history of blood-related disorders on both sides of Luca’s family, but the hospital staff accuse them of “Shaken Baby Syndrome.”

3

CPS Removes Luca

CPS investigators begin interviewing Candace and Nick and review Luca’s medical records. Just four days after Luca arrives at Texas Children’s Hospital, CPS files a lawsuit seeking custody of baby Luca. Luca is taken and placed in foster care.

4

FFP Gets Invloved

Candace and Nick finally have the opportunity to put on a defense and ask the court for the immediate return of Luca to their care. FFP is helping Nick and Candace prepare for a major court hearing on July 9, with numerous medical experts and the best legal defense available. We’re fighting to bring Luca home. where they will be seeking the return of Luca to their family.

A Disputed Medical Theory

Shaken Baby Syndrome, also called Abusive Head Trauma, remains controversial in medical and legal communities.

The Basis for Removal

Scans revealed bleeding around Luca’s brain, and additional testing identified retinal hemorrhages. As Doctors worked to figure out what was happening, Candace and Nick informed them about a history of blood disorders on both sides of Luca’s family, a factor they believed warranted further consideration as doctors searched for answers. However, the hospital called CPS. Hospital staff accused the parents of “Shaken Baby Syndrome.” In other words, they were accusing the parents of causing Luca’s brain bleed by violently shaking him back and forth–and then rushing him to the hospital. 

A Theory Under Scrutiny

Shaken Baby Syndrome, also called Abusive Head Trauma, has become increasingly controversial in both the medical and legal communities. In 2024, the Texas Court of Criminal Appeals ruled that the medical evidence commonly used to support Shaken Baby allegations was too uncertain to sustain a criminal conviction under Texas’s Junk Science law. Yet that ruling applies only to criminal cases—not CPS proceedings. As a result, Texas CPS can still rely on the same disputed medical theory to remove children from their families. In Luca’s case, CPS relied on findings that included a brain bleed and retinal hemorrhages despite the absence of external signs of trauma.

A Closer Look at the Case

Timeline of Events

This Is Bigger Than One Family

Most parents don’t realize how quickly Child Protective Services can step in. When abuse is merely suspected, children can be removed before a family ever gets the chance to prove their innocence. Families often find themselves fighting the system alone — while their children are already gone.

1 in 3

children nationwide experience a CPS investigation by age 18

14 months

average time a removed child spends in foster care

Only 1 in 3

Texas children ever return home after removal

9,220

children removed from Texas homes in 2024 alone

Luca’s story isn’t rare. It’s happening to thousands of families every year.