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Judge Names DFPS Temporary Conservator in Adversary; Mother Encouraged to Seek Inpatient Treatment in Zeus MacArthur Case

2364586 · February 20, 2025
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Summary

In adversary cause number 99707D, the court found sufficient evidence to name the Texas Department of Family and Protective Services temporary managing conservator of newborn Zeus MacArthur, citing unstable housing and maternal substance‑use history. The judge recommended inpatient treatment and set a status hearing for April 3, 2025.

At an adversary hearing in cause number 99707D, the High Plains Child Protection Court named the Texas Department of Family and Protective Services temporary managing conservator of Zeus MacArthur and continued the child in DFPS custody.

The court cited the mother’s unstable housing and admitted methamphetamine use during pregnancy as the basis for finding “a continuing and ongoing danger to return the child home today.” DFPS investigator Malia Evans testified she received a report on Feb. 7, reviewed the mother’s history and found prior DFPS involvement that resulted in termination of parental rights for another child. Evans told the court the mother admitted to methamphetamine use during pregnancy and that the mother had inconsistent housing, including stays at a Salvation Army shelter.

Evans also testified that drug testing (both maternal urine and hair follicle) and the baby’s meconium were negative; nonetheless, the investigator recommended removal because of the mother’s prior history, admission of use, unstable housing and lack of a reliable support network. The mother, Kirsten Smith, testified she had last used methamphetamine on Jan. 31 and said she is willing to engage in services and drug treatment to pursue reunification.

The judge praised the negative drug tests as “a great start” but urged the mother to pursue inpatient rehabilitation, counseling and follow‑up evaluations, instructing DFPS to use reasonable efforts to reunify if the mother engages in services. The court set a status hearing for April 3, 2025, at 9:00 a.m.

(Ending) The court ordered DFPS as temporary managing conservator, continued the child in DFPS care, encouraged the mother to engage in treatment, and scheduled follow-up on April 3, 2025.