SAN ANTONIO -- It's a sound legal argument.
"There is no way, in no society does a foster family's rights precede a family's right. Families are going to have first rights in every society," said family attorney Jocelyn C. Andrews.
An opinion furthered by the state's attorney helping make a case for Child Protective Services.
Here's the story. Foster parents – Sandra and Darryl Heaggans – sued CPS to gain custody of a 18-month old child they have fostered since just a few days after she was born.
"CPS is seeking to place that child now with members of the biological family even though parental rights of the relative have been terminated," said Heaggans family attorney, Joseph Hoelscher.
CPS continued that course even though a judge-appointed attorney told the court, the child in question should stay with the Heaggans.
In court, CPS attorneys wouldn't comment on the case, but by phone a CPS spokesperson said by law they had to try and place the child with her biological family – even though – parental rights had been terminated.
The jury ruled against CPS, choosing to give the Heaggans custody of foster child Kenya.
A court case that may highlight deeper issues, and misplaced priorities within CPS.
A recent senate committee hearing revealed a $80 million budget shortfall, overwhelming caseloads for staff and get this, a critical shortage of good homes for foster children.
"The placement seems to be a really positive one," added Hoelscher.
Begging the question, should CPS have to try take a child out of a good home?