Lubbock County Judge Kevin Hart ruled Tuesday that the Department of Family and Protective Services will remain in custody of ten of Claire and William Rembis’ eleven children.
Judge Hart explained that the Rembis parents have been resistant to CPS efforts to remedy unsafe or neglectful situations in their Lubbock home and have exhibited “an ongoing pattern of inadequate supervision” of their children.
Witnesses who testified at the hearing said they witnessed children in the home eating out of a dumpster; one child was witnessed walking barefoot and unsupervised in an alley. Four witnesses testified to hearing the Rembis children screaming during the night time. A CPS worker testified that the children appeared malnourished.
The Rembis family has gained national attention for speaking out about their experiences with CPS.
According to court documents, concern in Lubbock County over the well being of the Rembis children began in May, when CPS was called to their Lubbock home after one of their children was reported wandering alone in the street. Court records and state witnesses said in this case, and other state interventions throughout the summer, that the Rembis family refused to comply with court orders and CPS investigations.
Despite the statements during the hearing about neglect in the Rembis home, witnesses said there was no evidence of physical abuse to the children.
Judge Hart said the most significant evidence in his decision was the Lubbock home the Rembis’ were renting, on 26th street. He cited photos from August 11 which showed a dump hole in the floor of their home where they would dump trash in the floor to contain it.
Judge Hart also cited the instability of their housing situation as a major factor in his decision not to grant the Rembis’ custody. During cross examination the Rembis parents gave conflicting statements about where they planned on moving their family to next.
The judge said it appeared the family was attempting to flee Lubbock to avoid the consequences of their court issues. The family left on August 11 to go to a friend’s home in Colorado (a home that has two bedrooms and one bath, Mr. Rembis said), and returned on August 29.
The family said they plan on living in Colorado. Mr. Rembis stated that he had no intention of taking his children to the court ordered CAC interviews in Lubbock, though he would have considered having similar interviews done down the line in Colorado.
As of August 11, The Rembis’ were behind on paying their rent on their home and didn’t have the money to pay with. Mr. Rembis stated he planned to pay the money owed for his rent when he got a job in Colorado. Mr. Rembis added that currently he has no income, but that he plans to either attend law school at Texas Tech or take a job in Colorado.
In a filing where Rembis sought re-entry to the home he was renting on 26th Street, Rembis lists his only source of monthly income as $1135 in food assistance. He also stated on August 29 that the balance of cash in his checking account was $62.
There is an eviction on the Rembis’ Lubbock home, but that eviction is being appealed.
An employee at Children’s Home of Lubbock stated during the hearing that one of the Rembis’ young daughters entered their care with hair that was tightly matted. The employee explained that workers at the Children’s Home tried to take the mats out of the girl’s hair but were unsuccessful. The Children’s home employees then took the girl to two separate stylists who spent a total of nine hours removing all the tangles in her hair. Then the Children’s Home employee explained she has since been working to teach the girl how to brush her hair properly.
The Rembis parents expressed concern that their children’s demeanors had changed since being taken into state custody earlier this month. They also felt concerned about CPS’ ability to take care of their children’s specific medical and health needs.
“I don’t know what life is going to be like, every day is like a year with out them,” Claire Rembis said.
“I’m a stay-at-home mom, my day is making food and teaching them and taking care of them, and now it’s quiet and whenever they leave visitation they beg to come home.”
Mr Rembis stated that during court-ordered CPS and law enforcement visits to his home throughout the summer they did not want to cooperate with any investigations.
“We feel that CPS tends to exaggerate things,” he said while on the witness stand.
Judge Hart readily admitted that this case was “not ordinary.” One unusual detail of this case was that Mrs. Rembis chose to represent herself. Mrs. Rembis stated that she does not regret representing herself, but going forward she and her husband will seek private legal counsel.
The Rembis family also expressed strong preferences about the care their children received. During the hearing they expressed preferences that their kids remain in home schooling, that their children not be given vaccines, and that their children’s hair not be cut.
For now DFPS is appointed as the temporary managing conservators for ten of the Rembis’ eleven children. (They explained their oldest child who is 17 is in Colorado at the home they intended to move to).
Judge Hart said that “these circumstances are fixable, but it is going to depend on your willingness to help”
Mr. and Mrs. Rembis repeatedly denied most of the instances of neglect witnesses cited. They said they feel unfairly targeted by CPS investigations.
“We allow our kids to scream outside, so I don’t deny screaming [allegations], we do let our kids play in the yard barefoot, but I’m not happy with them playing in the alley barefoot and I would not allow it to happen. They’ve never eaten out of dumpsters,” she said.
Court documents show CPS complaints into their families spanning several states and counties, dating back to 2006.
The parents are being ordered to each pay $50 per month in child support. There will be another status hearing for the family on October 3.
Judge Hart explained that he is willing to work with the Rembis family to find a way to provide their children with a homeschooling-style education while they are in foster care.
Neal Burt with the Civil Division of the Lubbock County District Attorney’s office said the ruling will, “allow us to explore options consistent with the goal of getting these children out back into an environment where they would be home schooled and likely returning to an atmosphere or environment where the parents have expressed a conscientious objection to issues such as cutting of hair and immunizations.”
Burt added that the Rembis’ resistance to CPS investigation in this case definitely had an impact on the outcome.
But he said that parents are often resistant to CPS investigation regardless of the circumstances.
“It’s always our goal in virtually every case to return children to their parents,” Burt said.
He added that he is not aware of any criminal charges filed against the Rembis’
The Rembis family will continue to see their children in weekly, supervised visits. They are considering appealing this decision.
“We will definitely continue and speak out about our experiences,” Mrs. Rembis said.
