On 11/13/2024 the judge ruled in favor of Evelyn’s parents, and on 11/14/2024 Evelyn went home. Evelyn’s homecoming marks a victory not just for her family but for parental rights advocates everywhere.

What Went Wrong in Evelyn’s Case?

How Medical Misjudgment and CPS Failures Tore Evelyn from Her Parents

Evelyn was born on December 24, 2023, via emergency C-section after 12 hours of being stuck in the birth canal. Because of the difficult delivery, she was born with molding of the head and caput succedaneum (swelling and bruising of the head), conditions that are common after traumatic births. 

For the first six weeks of her life, Evelyn appeared healthy. However, in early February 2024, Jackie and Juan noticed Evelyn twitching and vomiting, so they rushed her to Cook Children’s Hospital for evaluation. What started as a search for medical aid quickly turned into a nightmare.

Cook Children’s doctors noted in the records upon Evelyn’s admission that they had no concerns for abuse or neglect. After conducting an MRI, a radiologist found a small brain bleed and immediately suspected child abuse, but did not investigate alternative explanations such as Evelyn’s traumatic birth. Within hours of their arrival, the hospital staff had accused Jackie and Juan of child abuse, leading to a CPS referral and Evelyn being removed from her family at just six weeks old. CPS placed her in foster care, and Jackie and Juan were left to fight for their daughter in a system that seemed stacked against them.

Over the next several months, Jackie and Juan faced multiple legal battles, including dealing with a CPS caseworker who lied and manipulated them. They were defended by attorneys Brad Scalise and Charlotte Staples, as well as CPS Consultant Judy Powell, but they faced 7 months of delays and obstruction by CPS, Cook Children’s, and the court system.  The court denied them the resources to bring in a medical expert who could testify that Evelyn’s injuries were likely caused by her traumatic birth. Jackie and Juan, despite not having the financial means to defend themselves, had to seek financial help from family who sold used cars and fundraised to pay for the medical expert. 

When the expert was finally brought in, he testified in Jackie and Juan’s defense that Evelyn’s injuries had natural explanations. Two different judges mishandled the proceedings, including refusing to keep a legal record of the hearings, preventing an appeal. The family is now on their third judge. 

After months of struggle and with the help of the Family Freedom Project, Jackie and Juan’s case was finally set to be heard by a new judge in November 2024. By this point, Evelyn had been separated from her parents for nine months. 

On November 13th, the third day of the hearing, we saw the #BringEvelynHome case come to a monumental conclusion. During the expert testimony, three medical experts testified, clearly establishing that there were multiple alternative explanations for the injuries that Cook Children’s simply did not investigate. Rather, they rushed to the conclusion of abuse, resulting in Evelyn being unjustly removed for nine months. The judge ruled in favor of Evelyn’s parents.

On November 14th, Evelyn was finally returned to her family after 9 months of separation. Jackie and Juan have been allowed to see her for only an hour or two a week under supervision since February 10 when she was unjustly removed by CPS and Cook Children’s Hospital.
We are immensely grateful to the amazing legal team that helped #BringEvelynHome: Brad Scalise, Charlott Staples, Kim Dewey, Chris Branson, and defense consultant Judy Powell.

Watch Evelyn’s story and learn more about the importance of holding systems accountable when they fail to make decisions that prioritize the well-being of children and families.

Key Moments in Evelyn’s Case

Key Moments in Evelyn’s Case