DAYTON, Texas -- The mother of a 2-year-old boy allegedly tied to his bed in Dayton wants criminal charges pressed against the woman she says is responsible.
"The adults that were here at the time, charges should be pressed on them," Jazimen Weaver, of Hull-Daisetta, told KHOU 11 News Tuesday morning.
Weaver’s 2-year-old and 5-month-old sons, along with nine other children, were removed from the home in the 600 block of Ford Ave. in Liberty County in late January.
According to court documents, eight of the children were found living in a dark 10x10 room. Three of the children were restrained to their beds. The kids ranged in age from 5 months to 11 years old.
"They said my son was tied up to the point of not being able to move at all," said Weaver. "It makes me angry."
Weaver lost custody of her children. She does not live with them. Her mother, Tanda Smith, now cares for them. Smith owns the home where the children were living and has custody of some of them.
Weaver said when police and CPS caseworkers visited the home last month, her sister was in charge. She blames her for the restraints.
"They’re trying to blame my mother and she hadn’t been here all day," Weaver said.
Weaver said she doesn’t believe this is an ongoing problem, but rather a one-time occurrence.
"I think this is ridiculous. I think this is terrible. We’ve always been a very close family," she said.
Weaver guided KHOU 11 News on a tour through the house. Five girls live in one room and four boys in another.
There were two temporary houses set up in the backyard, and Weaver said two of her sisters live with their children in them. She said four adults live in the home, not 10 as CPS reflected in their affidavit.
"There’s not 10 adults living here. Where would 10 adults sleep," she asked.
According to court documents, the children did not attend school and a registered sex offender has his permanent address listed at the Dayton home.
Weaver said the registered sex offender is her brother.
"He is registered here, he comes here like he is supposed to, but he doesn’t sleep here," she said.
As to the questioning of schooling, Weaver said the children are home-schooled just like she was.
"She does home school very good. It’s a Christian curriculum. It’s the School of Tomorrow. She’s got all of her school books, so I don’t see anything wrong with that," Weaver said.
Weaver explained that Smith has 13 children and 40 grandchildren. Over the years, she has cared for and lived with many of them.
"I’ve been in this house a lot over the last six years and almost everything they said was a lie," said Smith’s daughter-in-law, Valerie Smith, who used to live with her children at the home. "I think she’s a great grandmother. She has never harmed her grandchildren. I have never seen them put their hands on them."
According to Smith, CPS has been called to the house six times over the past several years. She said the cases were investigated and no action was taken.
CPS could not confirm that as of the writing of this article.
CPS was also looking into information that Smith had six children removed from her home in Michigan in the 80s.
"The kids were taken, but she was able to go back after two to four years and fight again. Her rights were never terminated. That’s what I was told," said Weaver.
In a 12-page hand-written letter given to KHOU 11 News, Tanda Smith described the day she arrived home to find CPS and police at her home.
"I looked around and seen all the babies but three. I asked where they were Hannah said in the back room with CPS and a cop," Smith wrote. "I saw Katarina, Charles and Sylvia on the child leashes I asked who did this and got no answer. I removed them and we left the room."
The kids were removed from the home that day. They have all been placed in foster care.
A custody hearing is set for March 9, 2012.
No charges have been filed in the case, but Liberty County District Attorney Mike Little said the case will be presented to a grand jury.