A mother whose three young children drowned at an Irving apartment complex pool in June is now fighting to regain custody of her remaining children, a 4-year-old son and 6-year-old daughter.
A judge ordered the Department of Child Protective Services temporary managing conservatorship Thursday, meaning they continue to have custody of Patricia Allen's two children.
Judge Cheryl Lee Shannon said Allen can visit her children during supervised visits, something her attorney Howard Rosenstein said she has been doing.
The judge also ordered Allen to undergo a psychological evaluation, drug and alcohol assessments, random drug testing, counseling and parenting classes, after which Rosenstein said they will again push to restore her custody. Rosenstein told NBC 5 the judge's decision opened the door for Allen to take the next step toward regaining custody of her children.
"When all the evidence comes to light and all this is over with I think we will get to the end where justice is done and she will get her kids back and the truth will be known," Rosenstein said.
During the hearing, Allen took the stand testifying that she was unaware of any potential danger at the pool that day. She said the pool was open and she had permission to be there.
When questioned about her children's swimming abilities, Allen told the court her 9, 10, and 11-year-old could float, doggie-paddle and tread water, and that she had taken them swimming before at pools and the beach in Chicago. Additionally, she told the court she took a swimming class in high school.
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Allen testified she was spinning her 3-year-old son in a 360 degree circle while three of her other children played in the shallow end of the pool; a 6-year-old daughter was also nearby. Allen told the court when she noticed something was wrong, she tried to move toward where the children had been playing, but it was difficult with her son in her arms, so she turned and put him on the stairs near her 6-year-old.
She then went back to continue searching for the kids, even looking under the water and feeling around, but she couldn't find them.
Rosenstein said it was important the only person there in the moments the children drowned could tell the court what occurred.
"That she was not negligent in any of her supervision of the kids," Rosenstein said. "She was in fact in the pool when this occurred. We stated that from the beginning and that proved to be correct and true, that she was never on the phone when this occurred. That proved to be true. She was never on the phone – didn't even have a phone at the time."
