Texas Judge Takes Tots from ‘Too Old’ Grandparents, Age 59 and 52

Family Law

Texas Judge Takes Tots from ‘Too Old’ Grandparents, Age 59 and 52

Posted Sep 11, 2008, 02:17 pm CST
By Martha Neil

Yolanda and Arnold Del Bosque have taken care of their 1- and 2-year-old grandchildren since they were infants.

But a Texas judge said at a hearing last month that the state should take the tots away from them, reports the Houston Chronicle. His order put the children into foster care with strangers and makes them available for adoption by another couple.

"The judge's ruling, which Child Protective Services argued against, wasn't prompted by any allegations of abuse or neglect, but apparently in large part by his belief that the Del Bosques, who are in their 50s, are too old to be parents," the newspaper writes. A court transcript quotes Juvenile Court Judge John Phillips as saying that the two boys would need counsel and guidance in their teens and as young adults, and the "stark reality" is that their grandparents likely "will be dead at that time."

Yolanda Del Bosque, 59, who works at an elementary school cafeteria, and her husband, 52, who is a retired truck driver, are trying to appeal the judge's ruling.

However, "the Del Bosques' prospects for getting the kids back aren't rosy," the Chronicle says. "Although they threw a barbecue benefit to pay for an attorney, the money quickly ran out—but not before Judge Phillips blocked the attorney's attempts to intervene in the case and request a jury trial, despite the fact that both requests were timely filed."

While officials tell the newspaper that other significant factors played a role in the removal of the children, it appears that these factors came to light only after the judge made his views about the Del Bosques' age known, the Chronicle says in an article labeled as commentary.

Attorney Barbara Stalder of the University of Houston's legal aid clinic took on the Del Bosques' case this week. "When you have glowing reports about these individuals, who they've had more than a year to evaluate, and then at the eleventh hour, you've got these other allegations being thrown in there, I'm sorry, it's a smokescreen," she tells Lisa Falkenberg, a Chronicle columnist.

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Posted by NJHandyGirl - 2 months, 2 weeks, 5 days, 20 hours, 25 minutes ago

Interesting…better to take children from their own flesh and blood now (and placed with strangers), because they may be too old to care for them later? Good, sound legal argument. What an abuse. Twenty year old parents could die tomorrow! Isn’t it better they get to know their own family?

I know there is more to this story, but I would hate to think that my mother would not be able to care for my children solely because of her age.

Funny thing is, the judge was probably in his 70’s!
Posted by Lauryn - 2 months, 2 weeks, 5 days, 18 hours, 38 minutes ago

That’s horrible! What were the other reasons?! I wish I could help!!
Posted by Lauryn - 2 months, 2 weeks, 5 days, 18 hours, 37 minutes ago

They should appeal it all the way to the Supreme Court, even without a lawyer. Unless there’s a lot that this article doesn’t say, they would do just fine representing themselves in front of anyone but this horrible judge.
Posted by KGG - 2 months, 2 weeks, 5 days, 15 hours, 45 minutes ago

Wouldn’t this be a per se violation of the ADEA under most circumstances? Maybe the protections of judicial immunity extend too far sometimes.
Posted by Brenda Johnson - 2 months, 2 weeks, 5 days, 15 hours, 31 minutes ago

Further proof that some judges rule by their own personal biases and not from good common sense. Are there no other family members who can step in and help with the raising of these children? This is a travesty and that judge should be held accountable for the psychological damage that is being done to these innocent children.

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