NewsPasco County

Actions

Pasco Co. mom shares experience after winning apparent 'wrongful DCF removal' case

"I got my kids back!"
Pasco Mom
Posted at 3:14 PM, Mar 20, 2024
and last updated 2024-03-21 13:27:53-04

NEW PORT RICHEY, Fla — On a sunny afternoon in New Port Richey, Jessie Herbert told ABC Action News reporter Rochelle Alleyne five words, she wasn't sure she'd be able to say.

"I got my kids back!" she exclaimed.

We first met her in January, shortly after three of her daughters had been removed from her home.

"I just want my kids to come home. This isn't fair," she said at the time.

According to Herbert's attorney, Valentina Villalobos, while fighting to be reunified with her son —the Florida Department of Children and Families (DCF) got an anonymous tip that she'd relapsed after being sober for four years.

Investigators drug-tested her at her home and the test came back positive for fentanyl. But Herbert denied using the drug.

Related:

She also took several independent drug tests to prove that claim, but her kids were not immediately returned.
Instead, Villalobos said it took two months, the recusal of their first judge, three hearings, and air-tight proof to finally get her kids back.

"I'm so happy that I am back into my old school and that I'm back home with my mom. And like, it's just so happy," said Herbert's nine-year-old daughter Aubree.

As far as what's next—Herbert said she plans to continue her fight to fully reunite her family.

"Fighting to get my son," she said.

And since their win in court, Villalobos told ABC Action News that they're already seeing progress.

"The judge was very clear that he needs to have sibling visitation and they had one recently and hopefully, naturally, things will progress a little better now," she said.

And as she continues that fight, Herbert wants to encourage other parents to do the same.

"Don't give up. DCF is just another...like it's a partnership. Like you can fight against them. Because I did and I won," she said.