HOUSTON - Was it bonafide child abandonment or just a terrible misunderstanding?
It happened Monday at Houston Fire Station 73 where first responders say Jasmine Jones attempted to leave her two boys - ages 3 and 9 months - claiming she and their father couldn't care for the kids.
"Pretty much the mother went to the fire station with the father where she attempted to surrender the children. The children are over 60 days old so Baby Moses doesn't apply," said Tiffany Reedy of the Harris County Attorney's Office.
But that mother, Jasmine Jones, told Fox 26 she came to the station seeking medical care for her boys and never intended to desert them.
"My kids have asthma so we were getting ready to go take them to get their treatments and in the midst of that people started panicking. There's a lot going on, it's Labor Day," said Jones adding "what the news station reported that we didn't want the kids is so inaccurate."
Summoned to the scene, Child Protective Services took custody of the boys.
At an emergency hearing, CPS revealed that Jones had tested positive for cocaine and marijuana a month ago and had disregarded instructions to seek drug treatment.
Case workers also testified that the father of the boys was heard saying he no longer wanted to keep his sons and was giving up his legal custody.
Judge Mike Schneider appeared disturbed when neither parent showed up for the hearing. He ordered the 3 year old who is challenged with autism and the toddler to remain in foster care.
"The parents not making an appearance when they have the ability to do so does effect the way our judges perceive these cases," said Reedy.
The case returns to court September 13.