A presiding judge in the High Plains Child Protection Court on Oct. 28, 2025, authorized the legal removal of an 11-year-old child after Department staff testified that local shelter and community resources were exhausted and the family faced imminent street homelessness.

The judge, speaking during an ex parte hearing convened on short notice, said the decision was not based on abuse or neglect but on an immediate danger to the childrens physical health caused by exposure if they were left to sleep outdoors in late October. "I find that the department has made all reasonable efforts to avoid the removal of 1 or all of the children," the judge said during the hearing. The judge limited the removal to the oldest child on the condition that Faith City Mission will accept the mother and the two younger children; if Faith City cannot accommodate them, the judge authorized removal of all three children that night.

Department caseworker Melissa Ponce testified that she contacted multiple local churches, Catholic Family Charities (including the JOSEPH program), the Coming Home program, Families in Transition, Salvation Army and other shelters, and that most options were unavailable, closed, or ineligible. "They will be sleeping at a park," Ponce said when describing the familys situation and past sleeping arrangements. She also told the court that Faith City Mission has a policy that generally prevents male children over age 10 from entering with their mother, which created the placement challenge for the 11-year-old.

Ponce and a Department supervisor said the children had been physically cared for and had been attending Musch Park school; school staff had provided clothing and hygiene items. Staff reported no signs of physical abuse or neglect. The risk cited by the Department and the judge was exposure and lack of shelter during cold weather in the Texas Panhandle.

The judge directed staff to confirm, by phone, whether Faith City Mission could immediately accept the mother with the two younger children; the Department made multiple call attempts on the record and reported no immediate answer. The court ordered that if Faith City confirms a bed for the mother and her two younger children, only the oldest child would be removed; if Faith City does not confirm housing that night, the judge authorized removal of all three children to protect their safety.

Attorneys and Department staff were instructed to prepare the formal order reflecting the judges findings and contingency plan. The court record lists the case as Cause No. 100457DFM.