If your parental rights have been terminated, or those parental rights of your adult children, grandparents, adult siblings, and aunts and uncles now have an avenue to fight CPS for custody of the child. The above relatives have 90 days after the parental rights have been terminated to file a suit affecting the parent-child relationship to fight for custody of the child.
CPS policy and the Texas Administrative Code states that if a child cannot be returned to the parents then CPS must place the child with family. CPS violates this over and over again. CPS is either removing children from grrandparentsnor refusing to place children with their grandparents for the most insane reasons, ie grandparents live by a lake, grandmother smokes, the child has bonded with the foster parents. I’m infuriated. What about family history and maintaining family ties? What about the child being given the opportunity to know his heritage? Dont let CPS get away with this. Fight back and demand that CPS follow the law.
There is a general plan when I deal with a CPS case (or any attorney for that matter). But it is important to remember that each CPS case is different…with very different facts. So understand that each case will be treated differently. No one case is alike, therefore cases can’t be defended exactly alike. And one more thing: remember that we are dealing with a governmental agency. This means that resolving your case can take awhile. The government is never in a hurry.
Often times when a couple is going through a divorce, Mom will make an allegation that Dad has molested or inappropriately touched one or all of the children. Many women feel that this is a quick way to “get rid” of Dad. I’m begging every mother, aunt, or grandmother, please don’t do this. An allegation such as this will completely ruin a life. Not just Dad’s life, but the child’s life as well. Dad will most likely be criminally charged. In defending his criminal charge, the child will be put through endless interviews and evaluations not understanding why. And if Dad is able to prove that Mom has coached the child, she will ultimately lose her parental rights. This is simply not something to play around with. Do not put your family or your children through this unless you are sure that something inappropriate has happened.
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One of the most frustrating things about AAL’s is when you have to deal with one that either doesn’t have children or is simply oblivious to the reality of raising a sick or chronically ill child. The questions that are often asked are just stupid. I so often want to say — go sit in a hospital and observe. Go talk to parents who have to deal with sick children on a daily basis. How does a parent answer this question? “how does it feel to hold your child down so a medical procedure can be forced on him? My goodness….other than just being a cruel question it’s unquestionably unfair. No parent wants to be put in that position. And when you follow doctor’s orders and do what you believe to be in your child’s best interest, based on the advice of a doctor, to be accused of medical torture is absurd. It is shameful what some AAL’s put parents through — all in the name of the best interest of the child.
When children have been abused or neglected, DFPS may remove them from their homes to ensure their immediate safety. The court system is required to consider a temporary placement with a relative and asks the parents to provide DFPS with contact information for relatives who may be able to at least temporarily care for the child.
When placing children, the court considers their needs the most important consideration. All the parties involved in the decision making process may identify a kinship placement as the most appropriate as a result of a Family Group Decision Making (FGDM) conference. The placement may be court ordered, usually after DFPS completes a home assessment. The agency will try to take into account the parents’ desires about the care provided to their child whenever possible. If placement with a relative is not available or appropriate, the child may be placed in foster care.
You have the right to consult with a lawyer at any point in the investigation at your own expense. If CPS files a lawsuit requesting Temporary Managing Conservatorhip and you don’t agree, the Court will determine if you are financially able to hire your own attorney, or whether to appoint one to represent you. CPS staff are prohibited by law from giving legal advice.
State law requires anybody who believes that a child has been abused or neglected to make a report to Texas Department of Family & Protective Services (CPS) or to a law enforcement agency. The law requires CPS to investigate reports of child abuse or neglect for the primary purpose of protecting children.
When investigating a report, a CPS investigator usually:
When CPS investigates an allegation they will close the investigation by either “ruling out” the risk, “finding” risk, or “unable to determine” the risk. If the latter is found, CPS will often (most always) ask the family to “voluntarily” agree to family-based services (FBS). In this situation, there is no court interaction or intervention. There is no petition or case filed. The children are usually left in the home; however, sometimes the children are “voluntarily” placed with a family member or family friend. The parents are asked to do certain services: parenting classes, anger managment classes, drug / alcohol evaluations, psychological evaluations, and therapy, etc. If the parent successfully completes these services (which is rarely ever done in CPS’s opinion) then the case will be closed. If not, CPS will either continue FBS or file a petition with the court asking that your children be removed. FBS can last indefinitely (even as long as 3-6 years). It really is a vicious cycle to get caught up in. And you certainly don’t want to attempt to c0mplete FBS without the help of an experienced attorney.
