FOR IMMEDIATE RELEASE
June 29nd, 2026
Contact: Jeremy Newman, Vice President at Family Freedom Project
Email: Jeremy.Newman@FamilyFreedomProject.org
Phone: 214-707-8445
Texas CPS is Using This Outdated Medical Theory To Remove Children
[Houston, Texas] — On July 9, parents Candace and Nick will ask a Texas court to return their infant son, Luca, after he was removed from their custody following allegations based on the controversial diagnosis commonly known as “Shaken Baby Syndrome.”
Despite having no fractures, bruising, injuries, or external marks indicating abuse of any kind, doctors at Texas Children’s Hospital began recording accusations of abuse against the parents in medical records just 7 minutes after seeing on a scan that Luca had bleeding in his brain.
The July 9 hearing comes amid increasing legal and scientific scrutiny surrounding the medical theory, which has become the subject of significant controversy in both courts and the medical community.
Luca was born on September 30, 2025, following a high-risk pregnancy. After several healthy months at home, his parents rushed him to Texas Children’s Hospital on January 10 when he experienced what appeared to be a medical emergency in which he was struggling to remain conscious.
Doctors identified bleeding around Luca’s brain and retinal hemorrhages, and within minutes they were accusing the parents of Shaken Baby Syndrome, despite numerous medical explanations remaining unexplored. CPS was notified, and within days filed suit seeking custody of the infant.
Luca was removed from his parents and placed in foster care.
“This case illustrates a troubling gap in Texas law,” said Jeremy Newman, Vice President of the Family Freedom Project. “The Texas Court of Criminal Appeals has recognized that the medical evidence underlying Shaken Baby allegations is too uncertain to support a criminal conviction, yet families in CPS cases can still lose their children based on the exact same allegation. Parents who seek emergency medical care for their children should not have to fear that asking for help will result in their family being separated.”
In 2024, in the case of Ex Parte Roark, the Texas Court of Criminal Appeals held that the state’s Junk Science law prevented a criminal conviction based on Shaken Baby Syndrome because the evidence presented was too scientifically uncertain. While that decision affects criminal prosecutions, it does not apply to civil child protection proceedings.
As a result, families may still face the removal of their children based on the same disputed medical evidence.
Luca’s parents also informed physicians of a history of blood-related disorders on both sides of Luca’s family, as well as evidence showing that Luca had been suffering from a small recurring brain bleed since birth, both of which they believe warranted further medical investigation,
Luca’s case is not isolated, and FFP has defended multiple Texas families accused of Shaken Baby Syndrome under similar circumstances. Those children were ultimately returned home after independent medical experts challenged the initial diagnosis.
On July 9, Candace and Nick will ask the court to return Luca to their care while the underlying medical issues continue to be evaluated.
About the Family Freedom Project
The Family Freedom Project is a Texas-based initiative dedicated to defending parental rights, exposing systemic failures, and helping families obtain experienced legal representation when government agencies wrongfully separate children from their parents. The Family Freedom Project brings experience, strategy, advocacy, and support when families need it most — helping parents understand their rights, fight unjust actions, and bring their children home. Because no parent should feel powerless when everything is on the line.
###