Police: Austin mother lied about giving birth to keep baby from CPS
AUSTIN, Texas (FOX 7 Austin) - Police said an Austin couple tried to hide their baby from Child Protective Services.
On Monday, police arrested 41-year-old Brandy Yovonne Galbert, the cousin of the child's mother, for interfering with child custody. They are still searching for the baby's actual mother, 30-year-old Brittany Smith, and the child’s father, Carl Hayden Jr.
Court documents said Smith checked into Seton Northwest Hospital on July 19 using her cousin Brandy Galbert's name. That same day Smith met her son, Elijah Phillips, for the very first time.
An affidavit said Smith was with the child's father at the time, who also provided a fake name.
Three days after Elijah was born, the real Galbert came to the hospital and was introduced to staff there as Smith's sister, according to the paperwork.
Police said at that time, Smith requested hospital staff release the baby to Galbert, and they did.
The day after Elijah left the hospital, Child Protective Services visited following an anonymous tip. CPS said Smith has a history with them for parental termination related to neglect and abuse of her previous children.
Four of her kids live with her ex-boyfriend, J.B. Baker.
“I was concerned for his safety, not only for my boys, but that's a child and no child should have to go through what my boys went through,” Baker said.
The affidavit states when an investigator visited Smith at the hospital, she again gave them Galbert’s name and then checked out against medical advice.
CPS was granted an order for temporary custody of baby Elijah on July 24. A CPS investigator was able to track down Galbert at her home in Killeen two days later. Paperwork shows Galbert told CPS baby Elijah was her child, and she would not reveal where he was.
“This is nothing new to those of us that know that family. They will go very far to cover up anything for their family. They care for each other enough to do some crazy stuff,” said Baker.
On August 6, Smith was ordered to appear in court and turn over custody of Elijah. At that time, Smith testified she never gave birth to him, according to court paperwork. That's when Austin police got involved to help locate the infant.
“When I asked my boys, ‘How do you feel about the situation?’ The first thing they said was, ‘We want to make sure our brother's okay,’” Baker said.
After issuing an Amber Alert Monday, Austin police located Galbert and Elijah. Galbert was arrested for interfering with child custody and Elijah was turned over to CPS.
“Now we know that the baby is safe. It's definitely going to be in better hands," Baker said. "I mean, that's going to be a lot of stress off my shoulders and, when my boys found out, they were happy to find that out as well."
Anyone with information about where Smith or the child's father, Carl Hayden Jr., might be is asked to call the Austin Police Department.