Court says neglect and meth use led to taking Schwab's kids, not marijuana

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TOPEKA, Kan. (WIBW) -- A Kansas Appellate Court agreed with DCF's decision to remove Raymond Schwab's kids - and marijuana had nothing to do with it.

13 NEWS examined four Kansas Court of Appeals Opinions issued Friday covering four children. Here are the reasons the court listed:

1.) Children feared for their safety
2.) Amelia's mental issues and suicidal thoughts
3.) History of violent behavior
4.) Failed drug tests

Children feared for their safety
The appeals court said Riley county police officer Carla Swartz spoke with a 15 year old step son and the children, all who were consistent in allegations of drug use, neglect and lack of supervision in Raymond Swab’s Topeka home. The Appeals Court said the children expressed concern for their safety in that home. The court upheld the Riley County finding that the children were in need of care.

In an affidavit filed with the court, Officer Swartz spoke with a 15 year old half-brother, shown as DB in the document. DB said Raymond and Amelia Schwab had used drugs over 2 months last year and fought for extended periods of time, failing to care for their children. DB testified in put the children to bed, got them ready for school, shopped, cooked and fed the children.

DB said, “My mother told me she and dad had been doing meth and that I had to save the kids...” He went on to say quote, “my father pawned a computer for drugs. My mother says she hangs out with meth heads. I do not feel safe with the [father] or [mother].”

The Affidavit on the custody case indicated the children were home school, had not received vaccinations and had not been to a doctor or dentist in years. It said the children had teeth that were hurting.

Amelia's mental issues and suicidal thoughts
Schwab testified that the family moved from Colorado to Topeka and that the Department of Children and Families had made numerous attempts to take the children from him. He said Amelia had a history of mental health issues and suicide idealizations and in November of 2014 had attempted suicide. Schwab testified Amelia had been in and out of the home from November 2014 thru January 2015 and he had to make sure she would be safe around the children before he let her return to the home.

History of violent behavior
Officer Swartz testified that Mother, Amelia Schwab had been convicted of domestic battery against Father. Officer Swartz stated that Amelia had also recently overdosed and was taken to the hospital in Topeka, where she battered an officer and a nurse. That case is pending. Officer Swartz had stated the mothers behavior was consistent with methamphetamine use.

Failed drug tests
Raymond Schwab had filed a motion to suppress evidence for a May, 2015 drug testing after a custody motions hearing. Schwab reportedly was observed in a hallway outside the court room and appeared to be under the influence of drugs or alcohol, so the judge ordered testing. The report says Raymond Schwab tested positive for amphetamine, methamphetamine, hydrocodone and tramadol. Schwab tried to suppress the results of that testing.

But the court ruled that the testing was done because of a specific suspicion of drug use and there was reasonable suspicion of drug use.

Marijuana didn't matter
The Appeals Court also said Schwab’s contention the children were taken only because of his marijuana use was false. The Court said evidence was clear that the children were in need of care, even without consideration of Schwab’s positive drug testing.

13 NEWS reached out to the Schwab's and Raymond said he has been, "forced to shut [his] mouth" and referred us to family spokeswoman Jennifer Winn - she didn't answer the phone when we called.