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A Texas judge ruled against a mother who has been fighting for the last few months to regain custody of her 2-year-old son in a case that raised questions about whether Child Protective Services correctly exercised protocol in removing the child.

On Tuesday, a Denton County judge decided Josiah Sanders would remain in the state’s custody.

The court battle that’s played out over the last few weeks has worked to determine whether the toddler’s mother, Joslyn Sanders, had been negligent toward her son after a hospital visit last December where she refused a doctor’s medicine recommendation to treat the child’s rash.

According to NBC 5, the child’s medical care team at Shine Pediatrics recommended that Sanders take Josiah to a hospital after voicing concerns that a rash he developed could cause sepsis.

Sanders took her son to Children’s Medical Center Dallas on December 20, 2023, where a doctor recommended an antibiotic called clindamycin. Clindamycin has a “black box” warning, meaning it carries serious safety risks and could cause rare but dangerous side effects, according to the Cleveland Clinic.

Sanders expressed discomfort with administering that medicine since it is reserved for more severe infections. She left the hospital against medical advice and with a plan to take Josiah to a pediatrician the next day to seek more holistic care.

Her departure from the hospital triggered the CPS investigation despite hospital records from the visit stating there was “no indication of child abuse or negligence.”

Josiah’s grandfather took Josiah back to Shine Pediatrics the following day, where they received an alternative medication. A CPS officer arrived at Sanders’ home that same day to take Josiah.

That officer, Anuki Wachsman, admitted in court that “she made mistakes” with the boy’s removal, including not disclosing information provided by Josiah’s family in her report and telling Sanders that she could…

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