Update: After a hearing on Friday, Herbert's attorney confirmed that her daughters would be returned to her custody.
In February, we told you about aPasco County mom who lost custody of her daughters while fighting to regain custody of her son.
Well, after our reporting ABC Action News has learned that she may soon get some of her kids back.
Jessie Herbert temporarily lost custody of her kids in 2018 and 2019 while working to get sober.
In 2021, The Florida Department of Children and Families (DCF) returned her daughters but not her son—and since then, she said she's been fighting to be reunited with him.
She told ABC Action News that earlier this year, after a hearing in her son's case, DCF got an anonymous complaint that said she had relapsed.
Investigators showed up at her home and drug-tested her on the spot.
According to the urine test done by investigators, Herbert was positive for fentanyl use, and her daughters were taken away.
Herbert disputed those results and did several drug tests afterward—which showed she didn't have fentanyl in her system. But her children still weren't returned and her attorney reached out for help.
"If this shelter of the girls sticks, that counts as removal number three, and now that gives them a basis to terminate Jessie's rights to all of the kids," said Herbert's attorney, Valentina Villalobos.
According to Villalobos, after our original story aired, DCF later dropped its push to strip Herbert of her parental rights.
In fact, on Friday, she's due back in court for a hearing that could end with her daughters being returned to her.
She is also still fighting for custody of he son.
Weeks after our first report and after our initial requests for comment, we're also finally hearing from DCF on the matter.
The department declined our request for more information on the factors around Herbert's daughters being removed from the home:
“The Department conducts investigations concerning all allegations of abuse, neglect, or abandonment. Information regarding investigations is confidential per section 39.202, Florida Statutes."
In our first story, we learned that Herbert had been fighting to even speak with her son.
"He has refused all contact with Mom," said Herbert's attorney, Valentina Villalobos.
We asked DCF officials if they could provide context to how reunification is handled in a situation like this:
"A child can articulate if they would or would not want to see their parent to the courts through the state attorney’s office or children’s legal services, the Guardian ad Litem, Attorney at litem, and/or case management. The concern is presented in front of the presiding judge for further discussion, and ultimately, it is a court decision as to the stipulations related to visitation."
In January 2023, Herbert's son was removed from his long-term foster home, along with 8 other kids, after their foster parents were accused of abuse.
The Clearwater Police Department has declined to charge Jacklyn and Jerold Logemann, a Clearwater couple, with those allegations.
But the Citrus County Sheriff's Office is now investigating.
Herbert is currently suing DCF, the Logemanns, and other entities in connection to these claims.
Lastly, we asked DCF officials about its previous push to terminate Herbert's parental rights following the removal of her daughters. This is what they said:
"Section 39.806 Florida Statutes outlines the grounds for termination of parental rights, and while the Department may file the paperwork for the termination of rights it is up to the courts to make the final determination.”
