On Christmas Eve last year, Jacqueline Morales Boatright gave birth to her daughter, Evelyn, under traumatic circumstances. Jacqueline required an emergency C-section, and Evelyn was born with bruises and swelling. Despite the difficult start, Evelyn pulled through, and Jacqueline and her husband Juan took their newborn home to Fort Worth, Texas.
Six weeks later, the Boatrights returned to a different hospital after Evelyn began showing concerning symptoms, including strange twitches and vomiting. The worried parents rushed her to Cook Children’s Medical Center’s emergency room, where doctors examined her and conducted tests. Notably, the medical staff noted that there were no signs of abuse or neglect.
An MRI revealed small brain bleeding, and an X-ray showed an old rib fracture, mostly healed. The radiologist, however, immediately suspected child abuse, despite the injuries being consistent with complications from her birth.
Jeremy Newman, vice president at the Family Freedom Project (FFP), which later got involved in the case, commented, “It seems [the radiologist] never even inquired about the circumstances of her birth or other possible explanations.”
Instead of further investigation, the Texas Department of Family and Protective Services (DFPS) ordered the Boatrights to leave the hospital and placed Evelyn in foster care.
Juan Boatright reflected, “It took two minutes, 120 seconds, for someone who never met me to determine I can’t take care of my daughter.”
The Boatrights were assigned state-appointed lawyers, who requested the judge provide a medical expert to review the test results and birth details. When this request was denied, the Boatrights’ relatives sold their cars to hire their own expert.
Dr. Marcus DeGraw, a child abuse pediatrician, testified that child abuse should only be considered after all other possibilities—such as illness, accidents, or traumatic birth—have been ruled out. The hospital, however, appeared to jump straight to the conclusion of child abuse without considering other factors, according to Bradley Scalise, Jacqueline’s court-appointed attorney.
The DFPS declined to comment, citing confidentiality laws regarding CPS cases.
Despite Dr. DeGraw’s testimony, the judge initially ruled that the Boatrights had abused their baby, and Evelyn was ordered to remain in foster care. The Boatrights requested a new hearing, but the judge recused herself, and the case stalled.
Finally, last week, the Boatrights secured a hearing before a third judge, retired District Judge Randy Catterton. The judge heard from experts on both sides, with the Boatrights’ three experts challenging the diagnosis of child abuse. One expert pointed out that rib fractures like Evelyn’s are found in only 0.05 percent of abuse cases but are common in birth injuries.
The judge, without waiting for final arguments, ruled that Evelyn should be returned to her parents immediately.
Over the past year, the Boatrights were allowed limited supervised visits with Evelyn, just one or two hours per week. Even after Evelyn was moved to the home of a family member, the Boatrights could only visit her at a third-party location.
On November 14, when Evelyn was finally allowed to return home, she joyfully leapt into her parents’ arms.
Now, the family is looking forward to celebrating Christmas and Evelyn’s first birthday together.
