What is family-based services

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.

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87 Responses to What is family-based services

  1. Shannon Jackson says:

    I wanted to know if a Case was started on May 18th 2010 and we went to the CPS office for The investigations findings, and the child was taken from the fathers home and he was told that FBS was taking his case on and he was to do All the needed classes to get the child back home, and Now the middle of Oct. and NOT A PERSON has contacted the (the father) parent who had custody of the child to even say we have your case now. When does it all stop and the child get to come back home with the parent who has custody of them in Texas?

  2. Arron says:

    What happens if you refuse to sign the documents that CPS requests that you sign – like referring the case to another agency for further assessment? I want this to end. Will my refusal to cooperate end the process any quicker, or will I be implicated further? Many thanks for whatever information you can provide.

    • jketterman says:

      You do not have to agree with CPS. They are not professionals. You are still the parent and you can still make the decisions for your children and your family. You do not have to sign anything. Be assertive.

  3. Tori Shinn says:

    My case has been closed and classified as CIR (Closed, Ruled out, Risk indicated). They asked me if I would use FBSS. Do I have to do what they tell me to do to get the kids back home. Do I have to use FBSS. If I refuse will they get a court order?

    We are already in counseling. They said I voluntarily sent the kids to live with their father…no court order in effect. But he has signed a “Safety Plan” stating that the kids will only have supervised visitation (he stated b/c he thought he HAD to). Unfortunately, eventually they told me I had to sign it to, in order to close the case and move it to FBSS which gets the kids back home.

    FBSS states that the plan is still in effect and kids cannot come home. If the case is ruled-out not abuse occurred then why can’t they come home?

    • jketterman says:

      You do not have to participate in family based safety services (FBSS). You have a right to say no. CPS can, however, go to court and have you court-ordered to do the services or they can simply file a suit against you. You should hire an attorney to shut them down.
      CPS always says that parents “voluntarily” placed the children outside of the home — when in fact they were forced to do so. They also force parents to sign the safety plan. The safety plan is not worth the paper it’s written on. Unfortunately if you sign it you are probably bound by it if it says that failure to comply will force CPS to take legal action.
      CPS will continue to string you along. Please get an attorney to help you shut the case down and get CPS out of your life.

  4. Mona Hampton says:

    My case is a little different. The removal of the kids from the dump they lived in was justified. I’m glad they eventually got around to it. I am a family member of two kids CPS has place in my home to which I volunteered. However, the mom is special needs that has never been addressed because her parents always kept her close, and the reason I took her in as well. Her mom, my sister died in 2007 and her father, who is an old man has not been able to care for them, he is sick and in a nursing home now. The mom has allowed men (boyfriends) in the home and now the oldest kid, 15, is pregnant and CPS had suspicions that the little one, 10 who is special needs as well, has been molested. After 3 weeks in my home I was able to confirm their suspicions. They referred the mom to FBS and we still have not heard from them. I sometimes get a little frustrated with the mom because she makes poor decisions regarding the kids and they are so undicipline with horrible eating habits. Why does it take so long and do I need to hire a lawyer? The extra kids has put a crunch in my finances. I need these people to move faster. Do they not have enough staff? Can you help with some advise?

    • jketterman says:

      I wish that they moved faster also. You can call supervisors — it may help. Ultimately, you may have to hire an attorney to speed up the process. You’re welcome to call me and I can give you some guidance….

  5. Deborah says:

    My granddaughter and her two twin 11 month old brothers where taken from their mother and placed in FSB care with the twin’s aunt. Can I get my granddaughter from them? The twins are from another man and the mother is with neither of the fathers and is not working, is living with some other people with 3 kids and has no place for them if and when she gets them back. Not sure how FSB works? Will she get them back? Can she just go pick them up? She did sign papers to take parenting classes, which I think she is taking? But she is using this as a vacation and goes out all the time. I am helping support my granddaughter by buying her clothes and paying her childcare!

    • jketterman says:

      Yes, you can file a suit to get custody of your granddaughter. It’s possible that mom can get her kids back if she successfullyy completes the services that CPS has requested her to do. I would have to see the paperwork to determine if mom can pick the kids up. If they are placed with the aunt per a court order then no, she cannot just go pick them up. But if there is no court order then she can.

  6. francisca rodriguez says:

    I have a case with Cps four weeks ago Cps went to see My kids at school and they dais My kids are beeing molested by My husband out its not true they took him and My self out of our house they have closed the case un Abel to determine and now they want us to go to family based services i dont know What we should do or expect im scared i dont want to loose My kids please give me an advice on What i should do thank you

    • jketterman says:

      I do not recommend Family Based Services. It’s a program that allows CPS to force you and your husband to submit to services (hired by CPS). There are no safety nets. There is no court, no AAL for the children and CPS does not have to answer to anyone. In my opinion, it’s a trap that many families fall into. With that said, I have on some very rare occassions, agreed for my client to participate in FBSS. But as a general rule, I have my clients decline. If CPS feels that you and/or your husband are a danger to your children they should file a suit; otherwise they should leave you alone.

  7. francisca rodriguez says:

    Hi thank-you for your abvise i have not been abel to see My children since they took us out of hour home they are telling us we do need to go to fbss but they have not told us where to go they have come to the house where my husband and I are staying and to the house where my kids are staying they told us we yall had to go take the fbss clases and that was 3 weeks año she now called me to come out to the house my husband and I are staying at on thursday I dont know What to expect should i look for an attorney can you recomend one for me this us a nightmare i miss my children alot and i dont know What to do to have this people leave us alone thank-you for any advice you can give me to help me out in this problem

  8. Morgan says:

    I have a question regarding FBSS. My husband and I had an altercation in January, we lived in an apartment, neighbors called the cops because there was a loud verbal argument going on. I missed a payment on a traffic ticket, and had a warrant for my arrest. I was taken to jail that day for the warrant. Police notified CPS, they sent over an investigator, we were told if we didn’t do a voluntary parent child safety placement, then our child would be removed. We complied of course, for fear of removal. We hired an attorney, we were told no further communication with cps and that we didn’t have up follow their safety plan, but I didn’t want to take any risks, so I always had one of the supervisors with me. On February 7th, they showed up, and we were moving stuff to a new house, my grandpa (supervisor) pulled from the back alley of the house, to the front after unloading. Cps showed up at the same time and said I was unsupervised and removed my son without a court order on the basis of failure to follow through with PCSP. At the adversary hearing, the associate judge kept him in the care of the department. We filed for a Denovo hearing with the district judge and were scheduled for a hearing on March 28th. The lawyer for cps wanted to make an agreement, instead of duking it out in court, they wanted my son to be placed with his paternal grandparents, we made a counter offer for myself and my husband to separate and he be the temporary sole conservator. The stipulations are, he had to have his dad move in and be his live in supervisor and I can go be with our son when my husband goes to work. My husband and I are not allowed to be around each other in the presence of our child. They closed our cps case and got us set up with FBSS. We’ve done all of the services they wanted. We have been doing them since the removal feb 7th. Did a psych evaluation, drug and alcohol dependency assessment, random ua’s, parenting classes, anger management, marriage counseling. The whole 9 yards, and they still won’t let us live together as a family. What exactly is FBSS, isn’t that something they do prior to removal to prevent from removing the child? Isn’t this backwards? How long do you think it will take for them to deem us fit and ready to live together again? We have a follow up hearing in 3 months.. Are we going to have to wait that long?

    • jketterman says:

      FBSS is a trap, in my opinion. I rarely agree to participate in FBSS. The reality is that it can take months or even years. CPS is not under any statutory time limits. You need to file a motion with the court asking CPS to explain to the court why the children are not being returned.

  9. Amanda K says:

    CPS placed my grandbaby with me in January. The parents were supposed to take drug and parenting classes and remain drug free. They never complied with any part of the plan and told CPS they were moving to colorodo because pot is legal there. they signed some gaurdiaship form they got online and someone at the CPS office notarized it making me guardian. I’m baffled by all of this. I believe they are closing the case and the parents did leave the state. The baby has no insurance and I can’t ad her to mine, they won’t accept the notarized guardianship papers, I couldn’t even get a copy of her birth certificate. I really don’t know what to do, I can’t really afford a lawyer and I’m considered to be poor. Any suggestions?

    • jketterman says:

      Something doesn’t sound right. You should have a final court order giving you legal custody. There is a new group in Texas called GAP (grandparents as parents). Contact them and they may be able to help.

  10. april says:

    C.p.s was called to my Daycare because my son had bruises on his but from a wooping. my husband was the one who did it. The cps said he had to leVe our house and could not return home until investigation was over. Its cominthe police said they were not pressing charges. The lady never even got a stastement tatement from my husband until two weeks after the inital investigation startes. When he spoke to the woman she said he would have to do court order parenting classes. A week went by and no word from anybody. Today i was told by her supervisor that my case was being sent to f.b ss. After reading all of this im not sure if we should agree to this.sure what to do.

  11. Dawn A says:

    My children’s father physically assulted me. The report was referred to cps by the police. He is no longer in the home. The casworker said that he could not have any contact with the children until they say its okay or the children will be voluntary removed. The caseworker is referring the case to fbss. I did sign a safety plan that lasts in 12/29/2013, howeverat the time, i did not know that I could refuse to sign it. I will refuse to sign another one, because I feel as if I am being a protective parent by removing him from the home, although I do not have a fear of him harming our children. I have been referred for parenting classes. There is a waiting list for classes and I do not want to live under CPS’ rule of thumb until the classes are completed. I feel as if I am having the same stipulations placed on me as if I was accused of abusing my children. Which has not ever happened. I do not know what to do.

    • jketterman says:

      I would revoke your signature on the family safety plan. If your husband has left the home then the danger is gone. Even if CPS takes you to court they couldn’t win custody; they would have to prove that your children are in danger. The risk is no longer there.

      Let me know if you have any further questions. Good Luck

      • Dawn A says:

        Thank you for the information. I will refuse to sign another safety plan if I am asked to after the current one expires at the end of December. I was also referred to parenting classes, unknownly until some contacted me from a battered women’s shelter. However, I would like to attend the
        domestic violence classes, but not the parenting class because they are unnecessary. My children are well taken care of. The “required” classes where not included on the safety plan therefore I think that me attending classes should be voluntary not required by cps. I am a protective paarent and my husband left on his own, so that should have been enough.

  12. michael says:

    Cps went to my childs school on friday 11/22/13. My oldest daughter recorded the whole interaction. My daughter told the investigator she wanted to call me first. Which obviously upset the investigator. When my daughter called me I called my wife to ask her to go to the school. The investigator was very rude and constantly threating her with removal any time she contested or questioned anything the investigator requested. My wife wanted someone in the room during the interviews which mad the investigator angry. My daughters principle did set in both interviews with my 14 and 7 year old. The investigator would not tell her the allegation or any info about what she was investigating. Then after several threats from the investigator my wife offered her to come see our house since we have done nothing and have nothing to hide. Then the investigator told my wife that when I got home from work that we all had to go to her office. So we went the investigator asked me a few questions and then brought my wife in the room. She told us that we qualified for services. She then put a saftey plan in front of us and “recommended with an additude that we agree”. The saftey plan said that we would not have any verbal or physical altercations and required random drug tests and cps monitoring. Date on the plan said 11/22/13 until further notice. We did sign it even thought we disagree strongly. Have heard nothing as of yet. We did retain legal representation. We only spoke to the paralegal so far . What should my attorney be doing to get this over as fast as possible. Since then we have found out that my teacher sister in law made the report and we have her on audio recorded saying if my wife would have sat down and talked with her she would not have called in to cps. She said she thought that my 7 year old needed someone to talk to because she was sad at my mother in laws house and missed her parents. My wife got mad and cussed her sister out at Starbucks we her sister threatened to call cps. Well this obviously embarrassed her so she called saying because that the fact that my wife got mad must mean something is going on. We have all this on tape. Sister in law was not even there when my daughter got sad and missed us. We will be recording everything from now on. Can we do anything about the false report. What do we need to press a case against the sister in law for false reporting. What can we do to revoke the safety plan. I am trying to get as much info as possible so that when we meet with the attorney I will know that the attorney is doing what is best for us. Also since we signed a contract with the law firm with out meeting with the attorney if we don’t feel that she is the right attorney for this can I cancel the contract and get my money back and go someware else. Thank you for your time.

    • jketterman says:

      To start with, yes, you can file charges or a civil suit against your sister in law for filing a false report.

      As far as the safety plan, yes, you can send a letter withdrawing your consent to the plan. Keep in mind, tho, that in doing so — without an attorney — may subject your family to a legal case filed by CPS. Opting out of FBSS is available, but it needs to be done with caution.

      As for your attorney, canceling the contract really depends on how the contract reads. You certainly have the right to fire him/her and retain new counsel. if your attorney has not done the work to earn the money paid, it should be returned to you. The State Bar is really cracking down on attorneys who refuse to return unearned money.

      Good luck.

  13. Casey J. Martin says:

    Hello, the late part of January 2014 I made a mistake and took my 4 month old in the shower with me because we both needed bathed and my wife and i have done it before together in the past and never had a problem. However, this time wasn’t as successful. After washing and rinsing my son’s back, I leaned him back to change his position and he kicked off my mid section and I lost my strong hold on his head yet still had a grip on his ankle with my left hand. My son hit his head on the marble shelf in the shower. I immediately got out of the shower and got him dried and clothed. He was a bit fussy naturally because he hit his head. He had a little knot on his head but didn’t show any signs of distress or abnormal behavior. He breast fed just fine with my wife and showed the same personality and physical strengths that he had before. I told my wife about the incident and we both examined him for anything out of the ordinary. He was acting fine and slept fine as usual and woke up for his midnight feeding and went back to sleep. My wife and I checked his head in the morning and his knot had went away but we noticed some blood on his crib sheets. Searching for the source we found that it was spotting from his ear on the same side he hit his head. Knowing that this wasn’t normal we made an appointment that morning with our pediatrician. I insured my wife that I would bring him to the appointment and that she shouldn’t miss work. She asked that I keep her informed and ventured off to work. The pediatrician said that my sons eardrum could have potentially been ruptured from the head trauma and encouraged me to have a CT scan performed at the local medical center in cypress. She wrote me an order for the scan and I went there immediately. After the scan they advised me to go home and told me that his pediatrician would report the findings back to us. Less than an hour later she called and informed me that my son had a hairline fracture and they were concerned that he could have some fluid accumulation in his skull. She advised us to take our son to Texas Children’s Hospital. My wife left her work and went to the medical facility to get a copy of the CT scan per our pediatrician and I packed us a bag in the event we had to stay over night. When my wife arrived we got in the car and went to TCH as instructed. We were questioned by case workers and doctors about the accident and we gave all the information we could on the matter. More and more people came in our room asking somewhat offensive questions and we started realizing what they were Incinuating. Then they said that they needed to do more tests and x-rays to confirm their suspicions of baby shakin syndrome. My wife and I were appalled but of course complied as we were concerned with our child’s health and well being. All the test and x-rays came up negative to confirm their suspicions. My wife and I spent a week in that hospital with repeated visits from cps at odd hours of the night interrogating us with questions over and over and threatening to press criminal charges against me and my wife if we didn’t comply to their orders. My wife was becoming upset frequently and cried many times in distress of the accusations against us. Finally on February 8th 2014 they decided to discharge us from the hospital. But would only release my son to my brother until further investigation. We have had to vist our son at my brother’s house for nearly a month now and it has become very difficult to maintain a routine with him. We have retained legal council and have been advised not to speak with or provide any information to cps without our attorney present. Finally today February 25th a cps agent called my wife requesting her to show up at there office tomorrow for an assessment so that they can close the case and turn it over to the FBSS so that we can get our son back in the home. This isn’t a favor and we do not intend to agree to FBSS arrangements. It is ludicrous that our home has been disrupted by this allegation by cps but we have been compliant for fear that they will place our infant in foster care. What is the jurisdiction of FBSS? They obviously do not have a case against us so can’t we just revoke our signatures from the temporary placement order and demand that if they have a case then serve us with legal documents that would reflect that of a court judge or what? We have been wrongfully accused of something and wish to get our lives back to order. Any suggestions?

    • jketterman says:

      Yes. Have your attorney force CPS to close the case. Do not to FBSS. Make your attorney work for you. If there is no court order, go get your baby. But. Aka sure your attorney knows what you’re doing. If CPS has a case then they can take it to court.

  14. Kimberly Andrews says:

    My case Has been sent to fbss because my husband smokes pot. He agreed to go to the classes they have offered do we need to be concerned about anything

    • jketterman says:

      Its time for him to quit. It sounds like a simple FBSS case. But make sure you keep a journal for your own protection. Write everything down: every phone call, every message left, every home visit. Good luck.

  15. Ambria says:

    During the birth on my son I tested positive for marijuana but my son was negative and cps was called. There was no hold on my son and I went home after two days. After months CPS hadn’t come by or called after their initial assessment in the hospital. Then after 2 months they show up at my door and start asking questions and ask that myself and my husband take a drug test. I tested negative but my husband was positive but only for a very small amount and he explained why but they still referred us to FBS. We now are subject to random drug screens, even though I tested negative. They also want us to take drug awareness classes, which we cannot afford and parenting classes. We have since both tested negative. What should we do? Do we have to take these classes? They make us feel that it is mandatory but on the safety plan it is simply referred to as a recommendation. There is no neglect or abuse of any kind. I only smoked a very small amount for nausea, but what should we do? Thank you.

    • jketterman says:

      You can refuse the services. If they think they have a strong enough case they will take you to court. I don’t see how they could win an initial hearing though since they waited two months to come out. Where’s the emergency?

  16. Ambria says:

    Can I refuse FBS services? We have already taken 3 drug screens this month alone, and they have not been random as stated. Our caseworker has not told us the results of any of those test even though we know they are negative. She is very rude, judgemental and condescending. I don’t think she believes anything that we say. Also, can we request a new caseworker?
    P.S. I have tested negative for 4 test and my fiance for 3 and the first one was positive for a miniscule amount of MJ. What can we do at this point?

    • jketterman says:

      Yes, you can refuse FBSS. And I would. Normally you can’t request a new caseworker. You can, however, contact her supervisor and make a formal complaint. Try to record her if possible. It’ll help when you contact the supervisor.

  17. Tj says:

    My Fiance and I recently were introduced to CPS because of an overly concerned daycare. My fiance picked up my daughter from daycare, paid them everyone smiled and she went home. Shortly after the police arrived and stated they had a report and had to look into. They started taking pictures and questioning only my 4yr old daughter completely ignoring my 7yr old daughter. When my faince came from the back of the house a CPS worker let himself in or was allowed in by the policeman. They began with there rude attitudes and began to ask an onslaught of questions from every direction. Upon questioning my 4yr old daughter alone and without a representative, which they said was legal they came up to the conclusion an investigation was necessary. They then without notice and with my fiance in a different room loaded my then fully in tears daughters into a patrol car and to the hospital. Now some history about my 4yr old is as follows; her birth mother and I separated 2ys ago and went through an ugly divorce. She has no contact with our children and has hence caused them emotional issues that led my 4yr old to have witnessed yet absurd tantrums where she hurts herself either through self inflicted injuries or accidental injuries from throwing herself down regardless of her location or proximity to walls, dressers, ledges and etc. She a week prior had had one such episode that lasted for about 4hrs. She fell off of our 3 1/2 foot high porch and landed on the walk way stones with the side of her thigh and her face. These were the bruises in question and basis of the investigation regardless of the fact that those injuiries were specifically witnessed by people other than myself and fiance. After being forced into signing a safety plan or threat of foster care we hired my faince an attorney. They placed all the blame on her even though my child had stated first that she fell, then that I hit her than changing and saying my fiance hit her and then once again stating I did it! We participated in a a child safe meeting where in was told my daughters would both be interviewed on camera and alone without anyone present. Although my daughters stated they are not hit and that our punishments at home involve only a simple time out we were accused of coaching them and violating the safety plan cause my daughters they thought I left the home. We have since been told that the safety plan would be revised and new people needed to be added. I stated to them that I did not leave the house that morning, that I simply was on the porch smoking a cigarette and drinking a cup of coffee before my daughters woke up and when I walked back into the house they were up. I was called a liar in not so many ways and told the plan would be thrown away and a new one was needed. Now they have not once spoken to my fiancé and I feel thats due to her having the attorney we hired. I am not being accused of anything but I am being treated as if I was neglectful. My daughters counselor has since stated these behaviors are normal for a child who has experienced what mine has. The second doctor stated to us my daughter is fine, that she isn’t hit and only seems quick to answer because she has told the same thing to a number of people within a short time frame. Both daughters stated clearly they are not hit and that punishments are a trip to the wall for a timeout. However this nonsense continues and has had a heavy strain on our family unit. What do I do now ? I plan to use my fourth and fifth amendment rights at this point because of my frustrations with the Texas CPS in San Antonio. I plan to not speak to them any further and not allow them to speak to my children again either. I am at a loss for actions appropriate to this situation.

    • jketterman says:

      You need an attorney to shut it down. Family based services are a set up, in my opinion. CPS won’t leave you alone until they are forced to do so. A CPS case is a civil case. You have no 4th or 5th amendment rights. And pleading the fifth can be used against you in civil case. So be very careful. I agree that you shouldn’t speak to them anymore. There’s nothing left to say.

      • christina says:

        This isnincorrecr cps is not immune to rights sorry don’t know who gave you your information but yes you have both your 4th and 5th amendment rights.

        • jketterman says:

          CPS is immune when it comes to suits against a govermental agency.

          All persons maintain their 4th and 5th Amendment rights at all times, even when CPS involved. The difference is that asserting these rights in a civil case can be used against you in a civil action.

  18. me says:

    My husband smokes weed we got pulled over today and he was given a city ticket for drug paraphernalia because they found a few small little pieces of weed on his lap and said they HAD to call cps because our kids were in the car …. I do not smoke at all but am very afraid they will try to take my kids away because he smokes weed he is not going to anymore now because I’ve knocked the severity of the situation in his head but please give me some advice we don’t have money for a lawyer PLEASE help me figure out what to expect.. was the cop just trying to scare me or is this really going to happen I’m not prepared for any of this… he does not smoke in the house and our infant and school age child have seen him smoking before outside but never questioned it or were told what it is we both smoke cigarettes outside of the home to so the older one probably thought it was just a cigarette if anything.. please help I’m freaking out…. thank you….

    • jketterman says:

      Once a referral is called in, CPS has to investigate. You will both be asked to submit to a drug test. You will most likely be asked to do family based safety services which consist of parenting classes, drug tests, etc.

  19. Randall Parker says:

    A very good friend of mine has a 12 yo daughter, whom I have Special POA and guardian event of death or incapacity single parent mother. She is impotent to me.
    The mother had several fraudulent called in by her Mother. The Mother lives in NC and hasent seen the daughter or child in 11.5 years. CPS revealed who filed complaint.
    My friend messed up and allowed CPS in the door and drug tested her. They did not perform the test correctly and showed a false positive. They askd tht the child be placed in safe care,which she was or thought she was. Mother agreed to retest and did. They then came back and want her in rehab over her own taken as prescribed meds. They have been non involved for 6 weeks. Mother has complied. She did sign a saftey plan till 26th. They have no case. Should she bring her child home? We do have an attorney who we feel has not been proactive. i feel she needs to ask for case closed based on fraud reports by her own crazy mother.

    • jketterman says:

      I am very sorry for what CPS has put you through. If you have hired an attorney that is no experience with CPS or family law I suggest finding a new attorney that can be more proactive in fighting CPS. I wish you luck.

  20. Jay says:

    Cps was called when I confided in my doctor about domestic violence that had occurred in the past with my husband. My husband and I already talked about him getting help before CPS became involved and neither me or my husband have EVER laid a hand on my three month old. We take very good care of her and provide her with absolutwly everything she needs. So no child abuse is present or even suspected by CPS.
    They made me sign a safety plan that says I must reside with my mother who will supervise me with my daughter. My husband was not allowed to see her until he also signed the safety plan and no matter how much he called our case worker she would not return his calls even after sending him a text saying she would get back with him. Finally he was able to sign when he went to their office. He is only allowed to see our daughter twice a week for an hour. So two hours a week.

    CPS wants us to go to classes, FBS. Which I understand, and me and my husband are more than willing to go but CPS is moving very slow and even worse the holidays are coming up and we wont be able to spend them together.
    We’ll take the classes, but I want to be sure that we will be able to live with out daughter and not end up in a trap where FBS never ends and our family remains torn.

    Another thing. I’m concerned my mother is not on my sidw and is ready to throw me under the bus for anything. She has already made threats and is a very controlling person. She is going to cancun for thanksgiving and wants yo take my daughter and my case worker said that if it is approved my daughter will either have to go with my mother or be placed in another family. I don’t know what to do. I do Not want my daughter in Mexico, away from her parents on thanksgiving, or with another family.

    My husband and I are looking for an attorney or legal adviser. But there are non in our area that deal with CPS cases.
    Advice would be very much appreciated.

  21. Christina C says:

    I’m trying to get some legal information about a FBSS case. I just finished up with all of my services, complaints have been made that I have been taking the kids home on weekends sometimes by my caregiver which is my sister. Yes I have been doing that. But I haven’t told them why. But this case has been going for 8 months and I corrupated with doing everything they wanted. Everything! At this point if I decide to take my kids home,and ask them to take me to court can I do so? Or will I be penalized for taking them home without courts involved and tell them I quit.

  22. Dean says:

    My friend just went to her second hearing. The first the court ordered a follicle test. They had bare hands and scissors of a desk to cut her hair. I took her to a professional testing place and of course the one from the professional place came back clean, but the CPS didn’t. She had all the evidence and prescriptions to show what they said was in her hair since they cut 3/4″ from her scalp. When she got to court, first off the attorney would not speak up, and just stood there. She ended up having to speak up and the judge shut her down, would not even look at the evidence she had. Then the Judge ruled based upon her opinion and ordered a safety plan. I had told her all along do not sign anything from them, especially since they trespassed onto my property and admitted it on her statement. Is there anything that can be done to try and set these people straight or does she just have to hope for the best?

  23. Dean says:

    Oh and by the way the judge is also listed as an adoption attorney at http://www.adoptionattorneys.org that seems scary to me.

  24. Rachal says:

    My boyfriends ex has recently lost her 5 kids to cps. 1 of the children is my boyfriends child. A cps worker has asked him to come do a background check. My question is I have a criminal history, the case is closed and happens 5 years ago. Since then I have had children, I’m a good mom, and have people that will speak up for me. Will my boyfriend have a problem getting his child because of my history?

    • jketterman says:

      Possibly. But if he retains a good attorney, he can fight it. If he was not part of the original pick up, he should have his child placed with him regardless of your history.

  25. kathy says:

    I had a family member pass away and I made a mistake a took drugs and now cos has took our daughter and had us sign a voluntary placement for her to stay with my parents while I took classes I have been attending the classes for over 2 months I have done everything I have said I would do and now they say I have to finish the classes and from my understanding that could take a year and the classes never really end. I want my daughter back home what can I do?

    • jketterman says:

      Retain and attorney. Have them refuse any further FBSS participation. Then file a Motion for Show Cause and force CPS to show evidence as to why your child should be placed outside of your home.

  26. Suzanne says:

    Good afternoon Ms Ketterman!

    First of all, thank you so much for all of the useful information on this page! It’s refreshing to see someone as dedicated as you are about educating people about their rights!

    My question is this: We have been falsely accused of misconduct and released from the the original allegations as per the Detective handling our case, and there was a secondary concern brought up that has been given to the prosecutor to look at (it was a poor choice of rough housing that got spun as something dangerous).

    My husband and I have started parenting classes on our own and I have an application to a children’s home for the child who made the allegations (she needs help that none of us can really give her at this time). The investigator wants to come out with FBS next week and set up services. What do you think I should do?

    • jketterman says:

      Thank you.

      I personally do not agree with FBSS. I believe that it’s a vehicle CPS uses to create cases where there may not be a case. I would tell them to kick rocks. If they believe that they have a strong case, tell them to take it to court and prove it.

  27. michele says:

    Hello, my problem is that my husband and I were made primary caregiver to his granddaughter, his daughter is very hard to get along with. She makes no contact with the child, she calls and text my husband cursing him out weekly because he will not give her money. We don’t get any type of benefits for her because her mother receives tanf and foodstamps for her. Cps tells us we are responsible for making sure that she provides for her daughter while she’s with us. We’ve been told that we have to make sure that she talks and gets visits with her. We’ve told them that she’s violent and unpredictable so why should we put our selves in danger so she can get what she wants what are our rights as grandparents and caregivers.

    • jketterman says:

      You can intervene into the suit or file your own suit if CPS has not filed a legal case. You need to tell the judge — or the child’s attorney — about mom and her violence. Grandparents in Texas have very few rights, but you do have some. Fight for your rights as grandparents and now as caregivers. You most likely can gain conservatorship of the child and stop mom from visiting.

  28. audrey says:

    My boyfriend and father of child received a city ticket for drug paraphernalia. Police reports states I had no idea that those were in the care, that I was very attentive to my child and that my child looked well taken care of (nice clothes, well fed, clean, etc). Cps worked showed up at my parents home days later, which is where we are staying. I did not let her in but she mentioned she had to put her computer down So I let her use the table in the courtyard but never let her in the home as it is my parents home and not mine. After a multitude of questions, she got something out of a wrapper handed it towards me and then asked if I’d take a drug test and that if I refused, her and police would feel unsafe about leaving me my child and could not leave him with me. I told her I wanted to speak with an attorney first, once speaking with an attorney, I went outside of the courtyard as she had gone out to her car to call her supervisor and told her I invoked my right to an attorney, gave her the attorney’s information and the time I was meeting with this attorney, she got back in her car to call supervisor, came out saying that either way she could not leave child with me unless I had an adult present. Mother in law came, was told she could not supervise because she did not live here. Then both of my parents came. She worked her way into the home, took pictures of my sons crib, mentioned how nice of a home this was, I live in a middle class type of home. She then made it seem like if we didn’t sign the safety plan, she couldn’t leave us with the child. Both my parents and I signed the safety plan, she did not read us the safety plan as it was written (noticed it later that night when I was reading over the plan). Even though i invoked my right to an attorney multiple times, she ignored my request. Now she wants to court order drug tests for both, me and my bf (who is the father to the child). We have invoked our right to an attorney. We still have not had a chance to speak with our attorney as she has had emergencies all week. Her coworker has mpbeen stoping by once a day and has only made positive comments every time. My questions are, if we refuse, is it an automatic hair follicle test? And if we agree is it a simple urine test? Also if we refuse and she court orders the test, are we notified to go to court to fight our side, or are we simply served with a court order to do a drug test within a certain amount of time? And last, can they force me to take a drug test, if I have complied, have no criminal record or previous drug problem?

    • jketterman says:

      I would find another attorney. You can always refuse a drug test. Especially a swab test — they are not scientifically reliable and they are not admissible in court. It doesn’t sound like CPS has a case. I would not take a drug test unless it was court ordered.

  29. Claire garcia says:

    Back in October of 2014 cps was called by my boyfriends mother in attempt to take our 1 month old daughter out of our custody and into hers. Me and the father got into an argument and were seperated at the time when I allowed her to take my daughter for a visit . When I called for her to return my daughter she ignored my calls and turned off her phone . I called the cops in fear she was kidnapping her. The cop returned and said that his family has called cos and that I wouldn’t be able to get my daughter until I contacted cps. I contacted then the following Monday and went to the cps office to meet with the investigator. Right when I walked in I was arrested for a felony warrant I had for possesion of marijuana. The investigator interviewed me while in handcuffs and confronted me about an old picture of me holding the marijuana in my hands. I did not deny it because it was an old picture and I did not use marijuana. I tested negative on the swab test and was taken to jail. I came out a week later and was told that I will have supervised visits with my daughter and she was under the fathers aunts’ safety plan with him living there. While there, I was being abused by my daughters father and the aunts daughter, including the father smoked marijuana. One day I pressed charges for assault on him and called the investigator to tell her he was smoking and assaulted me. She did not take it serously, she did not even believe me. That’s when I knew cps was against me . My daughters father smokes but takes detox pills that work successfully. I don’t know what to do? I don’t even smoke at all. We were put on family based and required to do parentingclasses. We were in the same class, 2 classes away from completing them. My daughters father is obsessed and when we are seperated he constantly messages me and stalks me on social media even after I block him. So anyways, he was messaging me to meet him in that he bathroom because he didn’t want to do something stupid . So I went and asked him to see his phone. After finding a picture of him with a beer in his hands and a pack of “super blunts” in his mouth, I Bluetoothed it to my phone. I deleted evidence showing what I did and gave him back his phone and returned to class. He found out what I did and became agressive. I ran into Class and he followed right behind me. As class was going on he was threatening me and telling me he was going to fuck me up in the parking lot of I didn’t delete the picture. Everyone in class saw what was going on. I was scared and so was everybody else. Well, after class I called my parents to escort me out and got to get away while the teacher calmed him down. As we walked out, he came running fast like he was going by to attack me, so I ran. Right when he ran by my parents my dad got the chance to tackle and stop him. They called the cops and told us to go home while he stayed behind. The next day I call the class and was told I was no longer allowed due to a no-violence tolerance. I called the caseworker also and told her what happenedand sent her the photo and she did not care what I had to say and said why didn’t I make a police report. So I did, but still it didn’t make a difference. The father and I were on talking terms again because I wanted to see my daughter. He told me that he was going to be allowed back to complete his classes. I told my mom and she made sure the classes didn’t allow him back. So after that I decided to not even call the the caseworker because Shes not helping me in any way at all. While visiting one day, he hit me and I called the cops and held my daughter in my house and he also called the cops and caseworker and said I was trying to kidnap her. He ended up leaving with my daughter and I ended up with no contact with my daughter unless its at the cos office . I attempted once to have a visit with her and they never called me back. I’m so sick and tired of being without my daughter and having to deal with the father and cps to see her. I’m tired of him getting away with everything such as smoking and not even staying at the place of the safety plan. He has my daughter from house to house living out of a bag. I also forgot to explain how I mentioned to the caseworker and the investigator he fakes the scenery at his aunts house. I’m tired of looking like the bad one, when my daughter lived with me she had everything, now all her stuff is at the aunts where he doesn’t even stay. I don’t do drugs at all, I’m doing my classes, and I know what I did was wrong but it was the past. What can I do to get my daughter back in my safety plan? I’ll do the classes and everything I just want to be with my daughter. He’s not even doing his classes.

    • jketterman says:

      You need to get an attorney and have him/her file a motion for show cause. This will force CPS to come in to court and explain to the judge why you shouldn’t have your child in your home. FBSS can last indefinitely; getting in to court will speed things up.

  30. Sandy says:

    My children were taken on 12/6/14 into voluntary child safety services. This was converted into FBSS and we have a case manager who never returns phone calls, text messages or the like. She has not been to see my children regularly as was spelled out in the paperwork we were given and she apparently told the voluntary care takers that my children would be with them for 4 or 5 or 6 months if they got to come home at all. I have 2 yr old quadruplets and a 5 yr old daughter. They were fathered by an anonymous donor and my partner and I are their parents. We have an attorney in Austin for the 2nd parent adoption that was to be completed at the first part of this year before this mess happened, and since it is not my partner has no legal right or responsibility in the eyes of the state. The situation with CPS is this: we moved to a new town in June and the home we moved into is on a busy street-though we did not know how busy until we moved in. We were not aware that the glass door did not lock and two of my quads got out of the house and in the front yard near the road and someone called the police who then called CPS. The case was ruled out. We installed a chain lock on the door to prevent them from getting outside, but in Oct we had furniture delivered and the door did not get locked behind the furniture people. All the kids were in my room, as we were getting ready to go to the store. They were all having the normal toddler meltdowns. I went to get clothes from the dryer and my 2 boys followed me out of the room. When they did they were playing with their toys and not having their melt down, so I let them play and went back into my room to dress my two girls, one of whom has cerebral palsy and does not walk. Our older daughter was at school. My partner went to use the restroom and during this time the boys got out the front door and down by the road and someone again called the police. When I went out to get the boys to get them dressed they were outside with the people who stopped and the police. CPS again was called. We then installed chime/alarms on the glass door to the front and tried to be as careful as possible to make sure the door was always locked. On Dec. 6th, 2014 my partner was out of state visiting a friend and I was home with all 5 of our kids. I was getting ready to take my 5 yr old to paint pottery and had stepped out back to ask my stepmom(who had come to stay with us in Nov and was helping keep up with laundry and all) if she knew where my 5 yr old’s Christmas shirt was. While I was outside talking to her in the building we have out back-I stopped and smoked a cigarette. This takes maybe 7 minutes tops. While this happened my 5 year old opened the front door and let 3 of my quads out in the front yard. They proceeded to go by the street and someone again stopped and called the police. The police stated that it took them 20 minutes to find me after looking through our whole house. I do not believe that it could have taken them that long. They burst in on my partner’s mother who had gone to the bathroom and she was startled and confused when they burst in on her and they asked her what she was doing and she was like “using the restroom.” and they asked her where is these kids’mother and she said “I don’t know.” That really meant that I was somewhere around the house but she wasn’t sure where. They used that to say that I allowed an elderly person who was incapable to watch my kids…while I was still on the premisis. They approached the building as I was walking out and proceeded to question me. We had Christmas decorations out to decorate for Christmas and there had apparently been one glass ornament that had been broken and some of the clear glass had gotten on the carpet. They made it out like there was broken glass everywhere that the house was dirty(because there were dirty dishes) and there were toys all over. Cps was again called and this time they asked me if I had someone who could take all of them. My partner’s sister and her fiance came over and took all 5 home with them. We started FBSS and have completed everything that they have asked of us. We completed parenting classes on Jan. 24th, have attended both individual and couples counseling, have submitted to drug testing-which were both negative and have continued to see our children daily as well as continue to provide for their needs and wants. I now have found that our case manager has told my partner’s sister that the kids may be there for 4 or 5 or 6 months if they get to come home. On top of that the police detective interviewed me in Dec and just after midnight Feb. 1st, 2015 I was arrested and charged with 4 felony counts of child abandoment/endanderment. I have retained legal counsel for the criminal charges. I feel that we are being unfairly targeted by CPS and the police department here in Waco because we are a two mom family and our children are the product of an anonymous donor. We have never neglected our children. We have done the best we can with the crazy life we have been blessed with. Our children are a blessing and not a burden…though they can be a handful anyone with one two year old can attest that it is hard, now multiply that by four. I have never been in trouble in my life and once I was arrested I was blasted all over the news on. They videotaped my house, the address to where I don’t even feel safe anymore-not to mention that they let every child predator in the area know that there were 2yr old quads and a 5 year old at that address. I can’t seem to get any answers from CPS, and neither can our counselor who advised that she has sent over progress notes to the effect that our children should be reunited with us and should come home. Do they have to remain with the “supervisors” or can we simply pick them up and take them home? The paperwork that they have states that if we were to pick them up and take them that they are to immediately call the authorities and CPS. How can something that was described as voluntary and we have completed everything that they ask be viewed as criminal if we decide to take back the voluntary placement of our children and bring them home? Can we bring them home? Should I talk to my attorney who is handling the 2nd parent adoption or my criminal defense attorney to try to get some help with this? Can their intervention force CPS to return our children home? Any advice would be appreciated.

    • jketterman says:

      Wow. You have your hands full.

      First, the Safety Plan and voluntary placement is only that: voluntary. If there is no court order then you are free to go get your kids. Beware though, that getting your kids may prompt CPS to file a legal case against you. I would hire an attorney to have the FBSS shut down and then go get your kids. If you’ve done your services successfully, then this should be no problem.

      Your biggest problem is the criminal case. Make sure that your criminal attorney does not have you plead to anything involving kids or family violence….even if it’s a deferred adjudication. If you plead then you will lose your kids. The criminal case needs to be dismissed or reduced to something other than an abuse or neglect type case.

      I don’t know who your attorney is in Austin. Nor do I know your criminal attorney. What I do recommend is that you get an attorney — who knows CPS law — and fight to get this case shut down.

      Good luck.

  31. Phylicity says:

    Quick question, if my child is voluntary placed with a family member and I dont want her there anymore. Can I go get my child. I have finished all my parenting classes and domestic violence counseling. Now I feel like DFBS is just trying to place my child in foster care for no reason at all. I just want to know since its not court ordered that I can’t have my child can I just go get her?

  32. Sarah says:

    If a case is closed, letter recd saying so, before the end date on safety plan, is it required or recommended to continue to that date? I disagreed to it but was manipulated in believing I had to sign and it mandatory. My ex was told by caseworker that she recommended him to get a lawyer to amend our divorce decree of the joint conservatorship. My child has never been abused, neglected or in danger in any form, I’m the one that is protecting him and all they are doing is destroying our relationship with their manipulations. The case was deemed ruled out on him and risk indicated on me, but has been closed by cps. The reason for investigation isnt what was for the indicated risk on me. Do i need to pursue a cps lawyer?

    • jketterman says:

      The Safety Plan is not a court order. Even if you’ve signed it, it doesn’t mean anything. Everything in the Safety Plan is voluntary; you can stop or start working the plan whenever you want. It is not mandatory that any parent sign the safety plan.

      If the case was deemed, “risk indicated” on you, then yes, I recommend you get an attorney. The investigation is closed, but on a risk indicated CPS will most likely recommend Family Based Safety Services (FBSS). This will also be “voluntary”. I, personally, do not like my clients to participate in FBSS. I believe that it gives CPS the opportunity to “create” a case that might not be there. Additionally, anything CPS finds out during FBSS can be used against you to file a legal case to terminate your parental rights. I prefer to not give CPS that opportunity.

  33. Sandi Copelin says:

    I am desperately.trying.to.get.my kids back and need advice. My 8 yo daughter made an outcry against my.ex-fiance for sexual.abuse. At the time of the outcry, we had.already moved out of.his house. When , we brought.her in for a.police interview, she was.placed with a family.member bc they.said my home wasn’t safe. Then 3 weeks later they.placed my son with a diffetent family member.bc they said my home wasn’t safe for him, either. They never visited.my home before making this.determination. I was.trying.to.cooperate.by signong the documents for placement.and was.told.if.I.didnt.my children would.go.to foster care. Now,.I.am with FBSS.and have been.told.that I need to go.to sexual.abuse sensitivity training, which I do, and counseling. I was told I was referred.to a counselor, but not given the name bc they are supposed to contact me. It has been a.month and no one has contacted me. So, I cant do what bball they are requiring me to do. I need my kids back, / especially my son who is bipolar and ADHD, I am the only one in the.family who.can handle.him. it is causing significant issues.for my entire family.for them to be out of.my custody.

    • jketterman says:

      I’m sorry to say, this is typical of CPS and Family Based Safety Services (FBSS). I rarely recommend that parents participate in FBSS. I believe that FBSS is only an avenue used by CPS to create a case where there may not be one to begin with. If CPS has a case, force them to take it to Court and prove it. FBSS can last indefinitely with no checks and balances. If your case is in Court, you have more control in what you do and don’t do, etc.

      CPS will drag their feet when it comes to getting you set up for services. They are not on any time limit so there is no need to rush.

      I would tell them to fish or cut bait. And if there is no court order placing your kids outside the home, go get them. The Child Safety Plan that you signed is worthless.

  34. Ashley says:

    I was in an argument with my youngest daughter’s father on Sept. 8 2014. The cops were called and the officer did not list all of the facts that happened that night so it was a false report. The night we got into an argument I hit my fiance’s car completely on accident and claimed that he hit me because I was afraid that my kids would be taken because the airbags deployed and the children were in the car. It was just a big awful mess. The officer didn’t even report the accident only the argument leading up to it and my lying about being hit. He did call CPS though for bringing my children around a felon. Before we got together my fiancé had just gotten out of prison for drug charges and was trying to change his life whenever we met and has done exceptionally well since. I never would have expected him to have a criminal history upon getting to know him. He’s a wonderful man to myself and my children. He accepts my daughters as his own and takes care of us. Well when the CPS investigator came and talked to myself he insisted on going to the school to talk to my daughters and I told him repeatedly they’d be home in 15 minutes. They were asleep it happened at 2 a.m. When he came back to my house he says my oldest daughter (8)heard me yelling and was scared. Which did not make sense to me because she was knocked out asleep whenever I went to wake her up to leave and my 6 year old was still snoring. then he proceeded to tell me to sign a safety plan against my fiance or he would make a case against me to take my children. I sign the safety plan and then went to the main office to find out about it and decided I did not want to comply with what he wanted me to do once I learned the consequences. He wanted me to file charges against my fiance and get a type of restraining order that last two years against him. well then the investigator went to talk to my fiance and he refused to sign any type of safety plan because he didn’t do anything wrong and I don’t blame him because it was just an argument between us he never laid his hands on me that was all what I said and the officer didn’t even put the car accident in the police report. So since he refused to sign the safety plan the investigator took us to court for a motion to participate. Well my fiance was on parole so there was a blue warrant for his arrest because of the police report. On our court date he was incarcerated so his lawyer came and signed the papers for him and we did not go in front of the judge because the investigator continued to threaten me in the courtroom that if I did not cooperate he would put in a motion to remove my children. Well since then my fiance has gotten out of jail and we have participated in the family based program and we did have our investigation reopened and the findings were changed from reason to believe to unable to determine in his case and my case was initially ruled out. So my question to you is will the judge rule to remove my children if we do not continue the family based services and they refuse to close our case since motion to participate is in place?

    • jketterman says:

      You’re question is more complicated than a yes or no:

      If you do not continue to participate in FBSS, CPS can go to court and request several things from the judge (depending on the severity of the case). They can ask the judge to order you to aid in investigation (of the reopened case); they can file a Petition requesting OTP (which is Orders to Participate); or they can file a Petition for Termination asking the judge to place the child(ren) outside the home during the pendency of the case. Depending on the evidence presented, the judge can grant or deny their request.

  35. Ms. Kriste says:

    How do i go by getting fbss to remove my family from there database as well as cps, if the allegations aren’t against me?

  36. mary says:

    Okay Cps was called on us, we did hair follicle test next day. My level was a very low level. The investigator went over our results. My boyfriend was negative, but he didn’t have to do test because the call was about me. He offered to take it anyways. Well he doesn’t know English very well, and requested someone bilingual, because it is not fair for him. Well they asked us to volunteerly sign papers to work services through Cps, but she said it wouldn’t be actual Cps case. We signed it, it later expired within one month. Now she says investigation ruling was unable to determine if my daughter is being neglected, but the investigation was now closed
    She them gave us a case worker. During this whole time we didn’t have someone bilingual. They just came to out house, and wanted us to sign a new paper for services. I said no not until my attorney sees this. Also my boyfriend said no because he doesn’t understand English. She then asked for us to take mouth swab. I said I’m not doing anything until I talk to my lawyer. She said I need contact her within one day to sign paper. So what do I do?

  37. dee says:

    I had a 30 day instigation from cps.my child had bruiser on his back and my child said I did it. I did not hit my child he fighting with his sis a minor .now they want me sign a safety plan which I already had but it expired.safety caseworker wants to meet with her supervisor and sign plan or the investigation caseworker will file court papers he claiming I’m a abuser.my children were not removed.I did the 30 day supervise in my home with my children.now it’s been 60days.caseworker did call my references check my background there was no findings on the kids been in miss treated.do I b after do another safety plan

  38. Shannon Kimble says:

    My families case is a bit of both sides… at first we were doing the FBSS and following the safety plan 100%. My case was opened due to part twisted truths and part false allegations. They ordered me to quit taking my prescription medication, and after an intense drug assessment, was put in intensive outpatient treatment. It was supposed to be an assessment, but they seemed to have their mind made up, as I was automatically labeled a ‘substance abuser’ due to the caseworkers documentation on me. As well as my psychosocial-psychological evaluation, by a therapist whom my family is still working with. Anyhow, due to the stress of my situation, already having severe anxiety, I began experiencing frequent panic attacks, not having my two precious children, including my newborn son, 3 months old at the time when I supposedly was volunteering for the safety placement plan. Anyhow, I took my medicine, legally prescribed by my obgyn, to manage my anxiety and massive panic attacks, which were getting more physical, again due to my loneliness and not having my son and daughter at home was too much. In Outpatient they considered this a relapse. They gave me one free chance, when I relapsed again due to the same reasons. I provided them with my prescription proof. It didn’t matter. Which I never understood how they could legally force me to stop psych meds so abruptly. Anyhow, I was referred to inpatient. And due to several miscommunication between my counselor at outpatient, and caseworker, I was unable check.in for intake, as I was led to believe my appointment was simply for another assessment, from what I was told by staff. I was fully willing to go to prove I am cooperating and all that lingo they use. Well on Monday, Oct. 6, my caseworker called me and asked if I’d made my appointment? And I had already talked to the facility that day before my caseworker, who confirmed it was for intake. I explained to the facility how my husband was switching from nights to days at work for the sake of our children, and that the facility was ready and willing to allow my check in for the following Monday. And even though I explained to my caseworker in no uncertain terms that I was not ‘refusing’ to go.inpatient. that these are my kids lives at stake, and my caseworker told me, regardless of the facility working with me, she would have to report to her supervisor I was refusing, and next step would be court. She was right, and the judge told me verbatim ‘i don’t care if you take these meds as long as they’re legally prescribed by a psychiatrist. This was Oct. 18, 2014, when I was given another chance at outpatient… on November 11, I was back in outpatient. I was doing well, and within hopes the case would end in February. But because I could not physically take the UA due to a recurring UTI problem I have, which I brought record from at the ER I visited that evening. When I was told my ‘er note is too late, this is considered a refusal… I was ordered to go back inpatient. Which I entered Dec. 22, 2014. I was medically discharged from the rehab due to them not being a medical facility, my anxiety and panic attacks getting worse, and an important medical procedure I had to go through and that needed to be taken care of. So January 1 this year I went home. And they did not provide me documentation of the medical discharge, where they promised me a bed once I was released by my doctor. (My mother my witness as she picked me up and met one of the staff.) My caseworker gossiped toy mother, stating, that’s not what she heard… she’s been shady since the case opened, with false allegations and twisted truth, as well as contradicting herself to my mother husband and myself, telling us 3 different things on the same subject. I have documents proving every outright false reports, anything false.
    Fast forward to our next OTP hearing, February 5. My husband and I showed up, just expecting delay in the case due to my medical discharge from inpatient. Long story short, I told the judge I’ll do whatever it takes, whatever is required, as neither of us had legal counsel at the time due to finances. I was given a chance back at outpatient again, or back to rehab. Knowing outpatient can last 6 months plus, being ready to participate and do was best for my family, I agreed inpatient. But explained respectfully, th at my first psychiatrist appt was the following week. And he said if they have a bed between now and then, you check in. I agreed. (He had no idea that the rehabs myself and girls like me checked into as per court order, even FBSS were nonmedical facilities and without a psychiatrist on staff. So I was referred to a place in Houston. As the judge strictly stated I was not to go back to my Galveston rehab,even though they’d take me back. But like I stated, he claimed he had no knowledge of their being no psychiatrist there. however the judge seemed to be having a bad day because out of nowhere when my husband asked, and I will quote when my wife goes to rehab can I have my kids back? mind you my husband has done nothing wrong in this case past every UA, as he works in the plants and has followed everything down to the drug assessment where they referred him no classes or anything of the sort. And has 4 more counseling sessions. His restrictions will be lifted before mine, and once I completed the inpatient, and required outpatient for aftercare, it’s to my understanding those are the the last requirements. The brazoria county judge looked at my husband
    I although I agreed to participate in everything as well as my husband I did the Brazoria county judge told my husband because of apathy. Which really upset him, as his decision was based on a phone conversation the caseworker documented, which was manipulated to her favor. When my husband tried to explain himself and stand up for himself, the judge got upset, cut him off, and told Brazoria county prosecutor to “move forward”
    my husband and I had no idea what that meant until my caseworker and her new supervisor told us that meant estate was not going after conservatorship of our children even though they’ve never been abused or neglected and that my quote on quote substance abuse is reasonable belief of future or foreseeable abuse or neglect. that day the caseworker and supervisor told me to contact the Houston rehab and get in as soon as possible, which I completely agreed except for they would not accept me because the intake supervisors words were each state would not pay for me to go and patient even with the court order giving my sobriety date was December the 15th.so basically that evening my husband and I were forced to sign paperwork along with my mother in law and father in law were to be the kinship foster caregivers, basically my husband and I had to sign our rights way to the state and our case was moved for an adversary hearing in 14 days, however I would have never known about it had I not questioned the caseworker supervisor, as the case worker told me she knew nothing about the adversary hearing. I did my own research and after speaking with the supervisor I did realize we had a court date on February the 19th and that we are on the docket and although we had not been served we are supposed to have been served, either way we both showed up.I was awarded a court appointed attorney and my husband had began paying his own attorney, who had a really good plan for him and that’s why he only has to do four more therapy sessions, as well as they were able to waive the adversary hearing and turn it back to order to participate in court ordered services. Which includes me completing inpatient, outpatient, and continuing therapy. Since I was not accepted into the Houston rehab do to my sobriety date, I was able to make it to my psychiatrist appointment February 11th. Where he diagnosed me with severe panic disorder, as well as severe generalized anxiety, which the CPS therapist also diagnosed me with. And in addition, adult ADD, so I am prescribed the proper dosage of the PRN medication (unless I need the full dose, which is 6 mg per day. My court appointed attorney obtained a medical release of my records for which I paid out of my pocket $25 for. but I was discouraged and concern to know that my lawyer had not yet disclosed any of that to the judge nor caseworker, due to the fact that she did not feel I was completely honest with my psychiatrist although I was. the only thing I left out with a painkiller addiction that ended 6 years ago, because I did not feel how it was relevant to this case considering I’ve never tested positive for opiates. mind you cps or anyone would have never known had I not been honest, known my rights, and not told them anything.so my main question for you is now that I am on the same medication for which they think I have a problem with., as well as additional medication for ADD, and medication for insomnia, as needed. once I found out that my lawyer had not disclosed any of my medical records to the necessary parties including my caseworker, I called my case worker last Tuesday as she had sent me for a random urinalysis on Monday. I did not want to speak to her about my medications or medical records from the psychiatrist because it was my personal belief that that was my attorney’s job. She has the records and proof of medication, but I’m not sure I can trust my court appointed, as she didn’t disclose my records at our last court hearing. she stated she didn’t think I was completely honest with my psychiatrist as it didn’t speak anything about my prior substance abuse. sorry I know this is a very long question with extra parts, but my main question is again, should I have to sign a new release for my case worker as she did request it once I did tell her what I was being prescribed to cover myself when she got the positive UA results back for amphetamine and benzodiazepine. and like I said I was being completely honest with her because I didn’t want any surprises as her being the case worker she’s going to have to be the one to report it to the supervisor so on and so forth,I guess I never really got to the main question but please my main question is, that even know the judge recommended I see a psychiatrist for the medication I was on, and was okay as long as it was taken properly, do I have anything to worry about I’m not sure what the laws are and I’m having a hard time finding them online tonite. since I am prescribed legally by a psychiatrist those medications and it was said by the judge himself what I stated earlier about me going to see a psychiatrist, even though my court appointed as well as my caseworker claimed as long as they had the medical Records- and proof of prescription, it should be ok… these are my babies lives at stake, I was diagnosed not only with severe anxiety but with panic disorder and ADD and insomnia… will the court be able to turn this around on me in any way even though I’m agree fully to participate in rehab and anything else that they have for me, and the rehab will accept me with that medication that I am on even though the case was opened due to them saying I have a substance abuse problem with that particular benzodiazepine,because I had a substance abuse problem with painkillers 6 years ago? hopefully within the next week or 2 I’ll be checked into inpatient because if I do not agree to go they will move right back to the adversary hearing and state conservatorship. my husband and I are already living separately due to this so that we can prove that he’s putting the kids first, so once that came about my panic attacks got a hundred percent worse if not more, not having my babies at home plus my husband- is a hard thing for someone with my mental health issues to deal with. my biggest issue is there were never any positive notes made on any of my case workers visits, she said I was a good parent, she just wanted me to get my problems addressed. and because of the nature of the classes I was going to you I was forced to say that I’m an addict, even though I know I was not, I was just trying to participate. so again any advice you could give me as far as, will I have any further problems from my psychiatrist and what he diagnosed me and prescribed me with? Not fully being able to trust my caseworker, or scourt appointed attorney, because I know that that attorney is on cps payroll. I want to give her at least one more chance have a sit down with her and explain my concerns, and again I’m fully willing to participate in anything as I do not want this going back to stay conservatorship, again so sorry to ramble on in this long message but I am just really in desperate need of any kind of advice you could possibly give me on court appointed attorneys and most of all what the rules are for me to be on psychiatric meds, and how they could use it against me, what a drag the case on even longer than a year which is already coming up, I just curious as to which way the Brazoria County prosecutor will take that, even though I was completely honest with my caseworker. but I do not feel I should have to sign a release for her since I have an attorney. and please let me know if you think that my attorney not giving documents etc is cause for concern, and if you think I should hire another one, as it would have to be on a payment plan I am completely desperate at this point. like I said fully willing to participate in anything that they put me in, Houston rehab looks at me on the medications, it’s once I get out that I’m curious as to where the cps prosecutor will take it. please any advice you could possibly have I would greatly greatly appreciate it. my husband and I were actually going to hire you a long time ago, but we just thought if we cooperated it would all end in due time. again thank you in advance for any suggestions you may have on anything that I’ve mentioned especially the questions even though I know they were a little all over the place, I just want my kids back and I want to know how to get them back the fastest after my husband is able to get them back first. had I known all of my rights when an investigator knocked on my door we would not be here right now, I read up on your website a lot you have great information I’m hoping you can give some to me thank you and God bless

  39. Shannon Kimble says:

    My families case is a bit of both sides… at first we were doing the FBSS and following the safety plan 100%. My case was opened due to part twisted truths and part false allegations. They ordered me to quit taking my prescription medication, and after an intense drug assessment, was put in intensive outpatient treatment. It was supposed to be an assessment, but they seemed to have their mind made up, as I was automatically labeled a ‘substance abuser’ due to the caseworkers documentation on me. As well as my psychosocial-psychological evaluation, by a therapist whom my family is still working with. Anyhow, due to the stress of my situation, already having severe anxiety, I began experiencing frequent panic attacks, not having my two precious children, including my newborn son, 3 months old at the time when I supposedly was volunteering for the safety placement plan. Anyhow, I took my medicine, legally prescribed by my obgyn, to manage my anxiety and massive panic attacks, which were getting more physical, again due to my loneliness and not having my son and daughter at home was too much. In Outpatient they considered this a relapse. They gave me one free chance, when I relapsed again due to the same reasons. I provided them with my prescription proof. It didn’t matter. Which I never understood how they could legally force me to stop psych meds so abruptly. Anyhow, I was referred to inpatient. And due to several miscommunication between my counselor at outpatient, and caseworker, I was unable check.in for intake, as I was led to believe my appointment was simply for another assessment, from what I was told by staff. I was fully willing to go to prove I am cooperating and all that lingo they use. Well on Monday, Oct. 6, my caseworker called me and asked if I’d made my appointment? And I had already talked to the facility that day before my caseworker, who confirmed it was for intake. I explained to the facility how my husband was switching from nights to days at work for the sake of our children, and that the facility was ready and willing to allow my check in for the following Monday. And even though I explained to my caseworker in no uncertain terms that I was not ‘refusing’ to go.inpatient. that these are my kids lives at stake, and my caseworker told me, regardless of the facility working with me, she would have to report to her supervisor I was refusing, and next step would be court. She was right, and the judge told me verbatim ‘i don’t care if you take these meds as long as they’re legally prescribed by a psychiatrist. This was Oct. 18, 2014, when I was given another chance at outpatient… on November 11, I was back in outpatient. I was doing well, and within hopes the case would end in February. But because I could not physically take the UA due to a recurring UTI problem I have, which I brought record from at the ER I visited that evening. When I was told my ‘er note is too late, this is considered a refusal… I was ordered to go back inpatient. Which I entered Dec. 22, 2014. I was medically discharged from the rehab due to them not being a medical facility, my anxiety and panic attacks getting worse, and an important medical procedure I had to go through and that needed to be taken care of. So January 1 this year I went home. And they did not provide me documentation of the medical discharge, where they promised me a bed once I was released by my doctor. (My mother my witness as she picked me up and met one of the staff.) My caseworker gossiped toy mother, stating, that’s not what she heard… she’s been shady since the case opened, with false allegations and twisted truth, as well as contradicting herself to my mother husband and myself, telling us 3 different things on the same subject. I have documents proving every outright false reports, anything false.
    Fast forward to our next OTP hearing, February 5. My husband and I showed up, just expecting delay in the case due to my medical discharge from inpatient. Long story short, I told the judge I’ll do whatever it takes, whatever is required, as neither of us had legal counsel at the time due to finances. I was given a chance back at outpatient again, or back to rehab. Knowing outpatient can last 6 months plus, being ready to participate and do was best for my family, I agreed inpatient. But explained respectfully, th at my first psychiatrist appt was the following week. And he said if they have a bed between now and then, you check in. I agreed. (He had no idea that the rehabs myself and girls like me checked into as per court order, even FBSS were nonmedical facilities and without a psychiatrist on staff. So I was referred to a place in Houston. As the judge strictly stated I was not to go back to my Galveston rehab,even though they’d take me back. But like I stated, he claimed he had no knowledge of their being no psychiatrist there. however the judge seemed to be having a bad day because out of nowhere when my husband asked, and I will quote when my wife goes to rehab can I have my kids back? mind you my husband has done nothing wrong in this case past every UA, as he works in the plants and has followed everything down to the drug assessment where they referred him no classes or anything of the sort. And has 4 more counseling sessions. His restrictions will be lifted before mine, and once I completed the inpatient, and required outpatient for aftercare, it’s to my understanding those are the the last requirements. The brazoria county judge looked at my husband
    I although I agreed to participate in everything as well as my husband I did the Brazoria county judge told my husband because of apathy. Which really upset him, as his decision was based on a phone conversation the caseworker documented, which was manipulated to her favor. When my husband tried to explain himself and stand up for himself, the judge got upset, cut him off, and told Brazoria county prosecutor to “move forward”
    my husband and I had no idea what that meant until my caseworker and her new supervisor told us that meant estate was not going after conservatorship of our children even though they’ve never been abused or neglected and that my quote on quote substance abuse is reasonable belief of future or foreseeable abuse or neglect. that day the caseworker and supervisor told me to contact the Houston rehab and get in as soon as possible, which I completely agreed except for they would not accept me because the intake supervisors words were each state would not pay for me to go and patient even with the court order giving my sobriety date was December the 15th.so basically that evening my husband and I were forced to sign paperwork along with my mother in law and father in law were to be the kinship foster caregivers, basically my husband and I had to sign our rights way to the state and our case was moved for an adversary hearing in 14 days, however I would have never known about it had I not questioned the caseworker supervisor, as the case worker told me she knew nothing about the adversary hearing. I did my own research and after speaking with the supervisor I did realize we had a court date on February the 19th and that we are on the docket and although we had not been served we are supposed to have been served, either way we both showed up.I was awarded a court appointed attorney and my husband had began paying his own attorney, who had a really good plan for him and that’s why he only has to do four more therapy sessions, as well as they were able to waive the adversary hearing and turn it back to order to participate in court ordered services. Which includes me completing inpatient, outpatient, and continuing therapy. Since I was not accepted into the Houston rehab do to my sobriety date, I was able to make it to my psychiatrist appointment February 11th. Where he diagnosed me with severe panic disorder, as well as severe generalized anxiety, which the CPS therapist also diagnosed me with. And in addition, adult ADD, so I am prescribed the proper dosage of the PRN medication (unless I need the full dose, which is 6 mg per day. My court appointed attorney obtained a medical release of my records for which I paid out of my pocket $25 for. but I was discouraged and concern to know that my lawyer had not yet disclosed any of that to the judge nor caseworker, due to the fact that she did not feel I was completely honest with my psychiatrist although I was. the only thing I left out with a painkiller addiction that ended 6 years ago, because I did not feel how it was relevant to this case considering I’ve never tested positive for opiates. mind you cps or anyone would have never known had I not been honest, known my rights, and not told them anything.so my main question for you is now that I am on the same medication for which they think I have a problem with., as well as additional medication for ADD, and medication for insomnia, as needed. once I found out that my lawyer had not disclosed any of my medical records to the necessary parties including my caseworker, I called my case worker last Tuesday as she had sent me for a random urinalysis on Monday. I did not want to speak to her about my medications or medical records from the psychiatrist because it was my personal belief that that was my attorney’s job. She has the records and proof of medication, but I’m not sure I can trust my court appointed, as she didn’t disclose my records at our last court hearing. she stated she didn’t think I was completely honest with my psychiatrist as it didn’t speak anything about my prior substance abuse. sorry I know this is a very long question with extra parts, but my main question is again, should I have to sign a new release for my case worker as she did request it once I did tell her what I was being prescribed to cover myself when she got the positive UA results back for amphetamine and benzodiazepine. and like I said I was being completely honest with her because I didn’t want any surprises as her being the case worker she’s going to have to be the one to report it to the supervisor so on and so forth,I guess I never really got to the main question but please my main question is, that even know the judge recommended I see a psychiatrist for the medication I was on, and was okay as long as it was taken properly, do I have anything to worry about I’m not sure what the laws are and I’m having a hard time finding them online tonite. since I am prescribed legally by a psychiatrist those medications and it was said by the judge himself what I stated earlier about me going to see a psychiatrist, even though my court appointed as well as my caseworker claimed as long as they had the medical Records- and proof of prescription, it should be ok… these are my babies lives at stake, I was diagnosed not only with severe anxiety but with panic disorder and ADD and insomnia… will the court be able to turn this around on me in any way even though I’m agree fully to participate in rehab and anything else that they have for me, and the rehab will accept me with that medication that I am on even though the case was opened due to them saying I have a substance abuse problem with that particular benzodiazepine,because I had a substance abuse problem with painkillers 6 years ago? hopefully within the next week or 2 I’ll be checked into inpatient because if I do not agree to go they will move right back to the adversary hearing and state conservatorship. my husband and I are already living separately due to this so that we can prove that he’s putting the kids first, so once that came about my panic attacks got a hundred percent worse if not more, not having my babies at home plus my husband- is a hard thing for someone with my mental health issues to deal with. my biggest issue is there were never any positive notes made on any of my case workers visits, she said I was a good parent, she just wanted me to get my problems addressed. and because of the nature of the classes I was going to you I was forced to say that I’m an addict, even though I know I was not, I was just trying to participate. so again any advice you could give me as far as, will I have any further problems from my psychiatrist and what he diagnosed me and prescribed me with? Not fully being able to trust my caseworker, or scourt appointed attorney, because I know that that attorney is on cps payroll. I want to give her at least one more chance have a sit down with her and explain my concerns, and again I’m fully willing to participate in anything as I do not want this going back to stay conservatorship, again so sorry to ramble on in this long message but I am just really in desperate need of any kind of advice you could possibly give me on court appointed attorneys and most of all what the rules are for me to be on psychiatric meds, and how they could use it against me, what a drag the case on even longer than a year which is already coming up, I just curious as to which way the Brazoria County prosecutor will take that, even though I was completely honest with my caseworker. but I do not feel I should have to sign a release for her since I have an attorney. and please let me know if you think that my attorney not giving documents etc is cause for concern, and if you think I should hire another one, as it would have to be on a payment plan I am completely desperate at this point. like I said fully willing to participate in anything that they put me in, Houston rehab looks at me on the medications, it’s once I get out that I’m curious as to where the cps prosecutor will take it. please any advice you could possibly have I would greatly greatly appreciate it. my husband and I were actually going to hire you a long time ago, but we just thought if we cooperated it would all end in due time. again thank you in advance for any suggestions you may have on anything that I’ve mentioned especially the questions even though I know they were a little all over the place, I just want my kids back and I want to know how to get them back the fastest after my husband is able to get them back first. had I known all of my rights when an investigator knocked on my door we would not be here right now, I read up on your website a lot you have great information I’m hoping you can give some to me thank you and God bless
    And please e-mail me if you can…I.had a question, private about my atty. Hopefully you can. If I ran her name by you could you tell me if she’s legit on my side? Legit at all, just have to know my best next step. Thanks so much

  40. BGV says:

    So my two year olds fathers side of the family called cps a little over a year ago. The case is still ongoing. They asked me to complete the following services: parenting classes and counseling. I took 3 parenting classes (completed 2 due to work schedule). Have 2 certificates of completion and a letter of recommendation. My caseworker promised the case would be closed by feb 8. She continued to hold it open. We then we had an altercation with my mother who called cps in retaliation. There were allegstions of drug abuse, paraphenelia in the home, and neglectful supervision. My fiance was watching our five month old but since has not been left alone with either child.They came out to investigate. They asked both me and my fiance to take a drug test due to the allegations. My fiance warned them he would pop positive, I was unaware that he had been smoking recently. I have taken mine but he has yet to take his due to recent deaths in the family. He does not live with me but my caseworker (different person than investigator) has tried to force him to take the test. He has already spoken to the investigator who understands and wants him to take it Monday. My caseworker is also trying to force us to do in home parenting and counseling sessions with my former counselor. We do not trust her because we believe she has given out info unrelated to my case. We tried to negotiate and see if we could work with someone else but the caseworker is adamant, rude and overbearing. She has dropped several hints that she does not approve of my relationship and is very disrespectful towards me. We are willing to do the utmost for our kids but this seems unfair. She is already trying to put her hands in the investigation. But they have not yet made a ruling and will not do so until after the results of the drug test. We are enrolling my infant in daycare ( 2 yr old already enrolled). He does not live in the home. We are terrified they are going to remove the children. We want to know what to do now? My father and stepmother have offered to take over caring for the girls, but they live in Houston. We plan to move there soon and wonder how this would affect our case. We would also like to know our rights and just how much we should participate.

  41. Kelly Loden says:

    We have been in this Volunteer thing with my neice for 4 months, we are caregivers to the child, but did not want to be full time. They are trying to force us to keep her or say they will go to court, and we know they don’t have enough . Can I just take the child home or to a grandmother without me being held responsible . They are wanting me to go through OAG and file for child support to close case ?

  42. Desiree says:

    I am needing help ,cps has opened a case on me , i tested positive for drugs during delivery ,idk what i was thinking but im willing to do anything. The worker came to hospital and told me i couldnt leave with my baby and the grandma has agreed to take her home. She said if i didnt agree to her plan she would take the kids.. now shes telling me i cant reside in same household as my kids. No legal documents have been. Presented. Or signed? What can i do

  43. Sara says:

    What if Cps is unable to provide a provider so I’m unable to complete the services they have asked. Its my last step on my safety plan.

  44. Our case started Jan.28.2015, our CPS case has since then been closed and but we NEVER received a letter or anything in the mail stating what the investigator has ruled our case. We are dealing with FBSS, we have done EVERYTHING they have asked us to do except for my husband doing his counseling session (which he can not do, until the office calls and schedules him an appointment) a counselor that we had to meet with, determined that my husband and I are alcoholics, because we started drinking at a young age, so she believes that it is bad for us to have one or 2. I feel like we are never going to get our kids back and this will be a NEVER ending cycle. We were told that we were almost finished and ready to start the coming home process, and now they are dragging their heels, and want us to take these group classes 3 times a week for 2 months, because we “have an alcohol” problem. I want to appeal that because we absolutely do not have a problem with alcohol. What should we do? My husband and I are scared that they will take our kids (Who are staying with my mother, after we were basically forced to sigh that PCSP) and we will never see them again. and my daughter’s father is also afraid that FBSS will take the kids as well. (son and daughter have different fathers). I could go on, but I have already typed enough and I do not want to take up too much of your time, PLEASE any advice that you can give us will be GREATLY appreciated.

    Thank you so much,

  45. Michelle says:

    Hi, I have recently separated from my husband, he was physically abusive towards me (not frequently but at least once a year). CPS was called because once during a fight between us he threw some object and the younger children ran into the kitchen where he was throwing them. He never threw them at anyone and would not have if the children were around to being with. Since then CPS has come to the house and did a back ground check on both of us even though hes not here and they have been questioning people about both of us, which I don’t understand because I am not abusive at all and take very good care of my children. They made us sign a safety plan and shortly after said the case was closed twice. Since then FBSS if I got that right is calling me non stop and telling me that CPS says it is highly recommended that I do a family councling plan and I really just want them to leave me alone. What can I do? I have refused and they said they are contacting the CPS case worker and calling me right back because it is a must.

  46. Michelle says:

    They have also said that the children are safe with me and that even though dad is not living here anymore and we are divorcing and he was not abusive to the children they still recommend the FBS and that if I refuse they may take me to court. They want me to be evaluated and do therapy even though the report was on my husband by another agency and not me. Why are they making me do this and if the case is closed why are they saying that I have to even though it is recommended from what CPS told me dad would be tested and receiving therapy but now im in this mess he has caused and I have two children with special needs that I need to focus on.

  47. Brandi Ramirez says:

    My sister had an incident at her house that brought CPS into her life. A friend who was staying with her was arrested at my sister’s home. The house was a mess, and the cops who responded said that because the state of the home they would need to contact cps. By the time CPS came to investigate, the house was fine. They asked my sister to take a drug test, which she failed for methamphetamine. Her husband of 11 years walked out on her and her 4 kids (ages 5, 3 and 18 month twins) last summer. She admits that she made a mistake in a moment of sadness when her kids were with their father one weekend and tried drugs.
    CPS came in early April and told my sister she had to let them take her kids to the local advocacy center, where we met with the investigator, her supervisor, my sister, her ex and his parents. They made her sign a voluntary family placement, placing the kids with me. They threatened her with foster care if she didn’t comply. In May the case was transferred to FBSS, and beyond the initial interview we have yet to have any interaction with the caseworker. My sister went to the drug treatment program that they referred her to, and they told her she was did not really qualify as having as “drug problem”, and did not recommend her for their program. They told her that it seemed that her issue was more suitable for her to seek counseling for the depression after her divorce, which she has done. They have only ever asked her to take the initial drug test, and have not followed up, even when she called and offered to take one in order to get her kids back. Would you advise her discontinuing her involvement with FBSS? She does not have the funds to hire an attorney, but we want to make sure that they don’t come after her with new allegations if she decides to stop her involvement.

  48. Monet says:

    hi,
    my cps case has been under investigation for 3 months now for me and my husband. My sister called cps on me claiming that I’m putting my husband before my kids and they are getting me for general neglect and emotion all abuse.Before my husband and I married I do believe there was some sexual contact after calling him to come over because she was in danger. This was 4 weeks after meeting him.this did not come out until an altercation between the 2 in my home which let to his honesty. She denied it when I comforted her by saying nothing at all.since then my sister has tried to make my life a living hell for staying with him. after 3 years what was supposed to be me taking a break from him turned into all family membersince getting involved advising me to leave him. we were days away from being homeless so I turned to the jealous evil sister that was causing mess from the start. Because I had no one else. In the time of living with her she made my life hellish and also accused my husband of molesting both my son and daughter. Coerced my kids to say he did it in fronot of the police while she yelled at my kids to tell the police get did it, the case was closed because thewy had no evidence of abuse Nor did i believe he did it after and my kids told me ge didnt do nothing to them. My son doesnt is now 5 was 3 at the time.My husband and I separated then recently got back together after 2 months we get a call from cps to come in. in this 3rd moth the case worker is telling me to sign a safety plan or my kids go.because after all the have a dv retraining order in the past that my sister forged along with the serving papers And has been lifted for 6 months now And he has a record and past.She made me do all this or threaten to kick me and my kids out.looking back at it now I’m in regret i gave her so much authority in me and kids life.but my question is if they have no proof that my kids are not in danger especially because he han lived with us all this time. they are saying of I don’t sign then the kids will be removed. If I choose not to sign will theyear pick my kids up with a court order.or does the judge have to approve this order first.and if this order is not approved wiLloyd they close this case out and go away.

  49. Jennifer says:

    My daughter-in-law lives in Washington and her daughter lives in Houston. She signed mediation because she could no longer financially fight to move her daughter out of state. She has her for the summer and her daughter told her that daddy showed her his penis and white stuff came out of it and asked if she wanted to touch it. (My son is her step-father). She called CPS in Houston. What should she expect? She wants custody again. She does not want to send her daughter back after the summer. She did leave a message with her attorney to call her and her daughter is going to talk with SVU. Her daughter is 6 years old. Can she file for custody while CPS is conducting their investigation? They told her she could not until they close their case. I suggested she ask her attorney to make sure CPS isn’t blowing smoke.

  50. Savanna says:

    If I signed the safety plan for myself and my husband. Are we obligated to it even though there is no evidence of any type of abuse. And our caseworker ever told us there was no outcry made.

  51. Michelle says:

    I currently under investigation by cps due to domestic violence. My husband assaulted me and their say he threatened my 17yr old son. Since the incident on Jun 25 we have separated. I have complied with cps letting them interview me and my three boys 17, 13, and 6yrs old. I haven’t allowed him to see his kids. Although I don’t feel like he is a threat to his kids life. My kids did let cps know that they are not afraid of him. My older son also expressed that he was scared at the time and didn’t know what to do. Now half way thru the investigation they want me to sign a safety plan and I don’t feel like I should be legally bonded to them with this paper. I haven’t done anything wrong. My kids have not been abused or neglected and he is No longer in the house. My 30 days are up for investigation Aug. 3. Do I have to sign this form? Please help.

  52. Desi says:

    I smoke Marijuana at the beginning of my pregnancy. Cps was called and before either left the hospital a social worker came to see me. My son was allowed to go home with me under supervision. They said my mom had to to take a drug test because she had a drug charge from 1986.she refused the test so they said she had to move out. A week later the worker showed up at my house. She said my mom didn’t have to move out but I have to take a hair follicle test. She said I can take it the next day and she would call me with the info where to go and would come. Over to sign papers. She never came over and has yet to call me. My kids are well taken care of, they have everything they need and more. She didn’t find any signs of abuse, neglect or harm to either kids. I only got in trouble because of the positive test result during my pregnancy so they are not worried about my oldest. Is there a chase my case can be closed before either take the drug test? I told the worker I am willing to do whatever it takes to close the case because neither kids are at risk and this case is really a waste of time? I am very stressed out about this. I’ve never been in trouble with them before so I have no idea what is going on.

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