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Apr 22, 2008 10:07 pm US/Central
Attorney: CPS Wrongfully Removed Kids From Home
GARLAND (CBS 11 / TXA 21) ―
An attorney for a Garland family says Child Protective Services wrongfully took two children from their parent's home.
More than two weeks ago, Zoe and Chris Arriaga were taken into foster care. While in the foster home, Zoe died.
Tuesday, April 22, the juvenile court system returned Chris to his parents, Urbano Arriaga and Juana Mireles.
Arriaga said he and his wife are happy their 4-year-old son has been returned to them, but they still want to know what happened to their daughter Zoe.
"Nothing makes up for the loss of Zoe," said the family's attorney, Tony Olvera. "My heart goes out to them because how can you replace a little baby?"
Zoe was ten-months-old at the time of her death. She had a genetic disorder called Trisomy Eight. Zoe wasn't able to breathe or eat on her own and required around-the-clock care.
On April 4, doctors at Children's Medical Center told the couple they found six fractures in her shoulder, arm and leg. Doctors reported the fractures to CPS, saying the injuries were indicative of physical abuse. CPS removed Zoe and Chris from their home.
Zoe died six days later on April 10, which is also Chris' birthday. Zoe's parents haven't told him that his sister is gone yet.
"I'm so sorry that it happened," said Judy Bartlett, Zoe's foster parent. "I'm sorry that they lost a child, because while she was here, she was my child too, and I have prayed for them."
Another investigation is taking place into the foster family.
The fractures and Zoe's death remain a mystery. The Dallas County Medical Examiner's office has not yet completed the autopsy.
Stay with CBS11TV.com for the latest developments in this story.
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