State takes guardianship of Martinjak’s daughter

As Tabby Martinjak awaits trial in her disabled sister’s death, a decision has already been made in another Tarrant County courtroom to give the state guardianship of her own special-needs daughter.

In June 2013 — three months after Marci Garvin’s death — the Department of Family and Protective Services successfully sought temporary guardianship of Mary Katherine Garvin, 24, who has Down syndrome, arguing that her safety was at risk.

Besides pointing out the neglect allegations against Martinjak in her sister’s death, the agency argued that Mary Katherine Garvin was living in a severely cluttered environment conducive to a rapidly spreading fire. She was not attending school (apparently home-schooled by Martinjak since sixth grade) and was not receiving services through MHMR of Tarrant County or any kind of socialization.

Mary Katherine Garvin “has no bedroom and sleeps in a chair in the living room,” the petition says.

When removed from the home, court records indicate, she was found to have poor hygiene and a fungal yeast infection in the folds of her skin. She was placed in respite care and later a foster home.

Martinjak has told investigators with Adult Protective Services that the family members didn’t use the upstairs floor of the home because of her daughter’s health and that they were living in the living room as she worked to unclutter the home.

Martinjak initially contested the state’s request for full guardianship of her daughter, asking the court to appoint her as guardian.

But three months after being indicted on charges of injury to the disabled in Marci’s death, Martinjak withdrew that request. On Dec. 10, 2014, the Texas Department of Aging and Disability Services was awarded full guardianship of Mary Katherine Garvin.

Martinjak did not appeal the ruling. She is allowed one-hour weekly visits with her daughter. The visits have been supervised since her indictment in Marci’s case, which came in September 2014.

This story was originally published February 27, 2015 at 7:49 PM with the headline "State takes guardianship of Martinjak’s daughter."