Can I place my child with other family members

When children have been abused or neglected, DFPS may remove them from their homes to ensure their immediate safety. The court system is required to consider a temporary placement with a relative and asks the parents to provide DFPS with contact information for relatives who may be able to at least temporarily care for the child.

When placing children, the court considers their needs the most important consideration. All the parties involved in the decision making process may identify a kinship placement as the most appropriate as a result of a Family Group Decision Making (FGDM) conference. The placement may be court ordered, usually after DFPS completes a home assessment. The agency will try to take into account the parents’ desires about the care provided to their child whenever possible. If placement with a relative is not available or appropriate, the child may be placed in foster care.

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62 Responses to Can I place my child with other family members

  1. Chuck says:

    The Judge says CPS can and should place the child with other family members, and CPS says they will but in the end, they drag the time out and eventually charge the family members with a new term they made up and remove them from the scene. CPS calls CASA in to gain the family’s trust and lie to them. Like the Ad Litum, CASA is supposedly “on the child’s side.”

  2. Dan says:

    So what happens when CPS goes for the throat and bypasses the family for child placement and the judge goes righ along with it? Who is or can be held accountable?

    • jketterman says:

      CPS and the Judge can, and should be held accountable. If that happens, the parents should either mandamus the judge or simply appeal to a higher court. The law is what it is and CPS and the judge can’t just throw it aside.

  3. jketterman says:

    I’m not on twitter. Sorry.

  4. Brenda Lambert says:

    20 yrs ago my son’s father molested my daughter
    the sons father did not live with us how ever he molested my daughter while i was in the shower
    so cps is holding a 20 yr cps case on me and ive been told they cant do that
    im trying to get my grand daughter out of cps and they already called casa involved
    so i need to know what to do about this
    and the my sons father was no billed so according to texas no crime was commited he got of and was no billed so why cant my name be removed from cps and my grand daughter be givin to me ???
    i need some advice
    Brenda Lambert

    • Brenda Lambert says:

      and they did not have a court order to take the kids from me they how ever dddid use the cops to scare me to give my kids over

    • jketterman says:

      Regardless of what CPS tells you, as a grandmother you have a right to petition the court for your grandbaby. Ultimately, it’s not up to CPS. You need to hire an attorney to fight for your grandparent rights as well as for custody. Contact my office and we can talk. 71352297777. I can help.

      • Alice Brown says:

        Cps is draging there feet, the judge ordered a home study, it has Ben done. But its been four months and they give me excuses after another .

        • jketterman says:

          Contact the child’s ad litem and see if he or she will push CPS to place the child. If you are a parent, have your attorney file a motion for a special status hearing so the issue can be addressed with the court.

  5. vanessa says:

    Hello – My husband 13 yr old daughter got placed under CPS care . He was never really around her life .He finally meet her when she was 5 yrs old . Then she’ll come every 3 yrs or so .They’re alway’s moving and changing their # so he didn’t really had a way to get a hold of her . He get’s a letter from Child support saying to start making his payments to CPS . We believe that she has been under CPS care since December thats what child support told him that they stop taking money out since December . And he just got a letter last month in February saying to start making payments to them cause they have her . He never got Nothing from CPS saying that they have her … He still has right’s for her we believe he still does even dough he was never around . Now he wants to take her out of there and bring her home .. what are his changes for us to get her and bring her home even dough he was never really around for her . And will CPS come to our house and see how we live and how many people we have living with us , and how big is our home … That’s what I have heard that before they let a child to go live with you after she was placed under CPS is very hard to get here even dough she wasn’t taken away from us..


    • jketterman says:

      Your husband absulutely has rights to his daughter. He needs to contact his local CPS office to get information. They can find where the CPS case is by the child’s name and date of birth.


    please contact me asap as i have petioned the court to a order for 8 :30 am


    My grand daughter was apprehened on mar 18-2011 and no one has contacted me or my commonlaw husband

  8. Jennifer and Alex says:

    I’ll give y0u a quick summary before my question: Jennifer’s sister’s nephews (4 boys) were all placed in foster care by CPS. All 4 were placed with Jennifer’s siter and her husband (the kids’ biological uncle) who already have 3 kids of their own, and 2 more that are there every other weekend. The middle two boys have since been removed from their home and the baby will also be removed. The permanency plan for all the kids is adoption as all parental rights have either been voluntarily relinquished or will be terminated. We were approved by CPS as a kinship placement and everything was set up to have the baby placed in our home. We were also approved for an adoptive home and would be moving over to pre-adoption services following the trial (when the child is free for adoption). Everything was going great: Jennifer’s sister can’t wait to get the baby out of their home, we passed everything, we were getting the baby every day during the day for the transition before placement, and the CPS worker scheduled a placement date. Then, all of a sudden completely out of the blue…hours before the baby was to be placed the CPS worker called and told us he wouldn’t be placed that day (it was a Friday afternoon, of course). On Monday we received a phone call and were advised that baby would no longer be placed in our home. We drilled the worker for answers but she gave us nothing! Just, I’m sorry the baby will not be placed in your home. We are two professionals (Jen works as a Business Analyst for a Fortune 500 company for almost 10 years, I have my M.Ed. in Counseling Psychology and will be licensed next month as a Licensed Professional Counselor. We are an approved adoptive home because we adopted our son (now 3) from Depelchin! We live in an upper-middle class neighborhood in Kingwood with some of the best schools in Texas. We have no criminal or CPS record and couldn’t be a better home for any child. Furthermore we WANT this baby, are bonded with him, and can’t wait to adopt him. I know something is up…I worked for DFPS for over 4 years, for CPS for one of those years, and know the system! Not only are we crushed, we are confused as this child has no other possible kinship placements to go to. We have contacted the Program Director directly as we got no where with the CPS worker or her supervisor. All she said was she did approve our home for placement and he would be there right now had there not been an ‘injunction’ filed. But, we still have no answers and no baby. What does this mean? What are our options now? Oh, and the trial was re-set and is on the docket for Wednesday (3 days from now). Should we go to the trial and appeal to the judge? When we asked the Program Director she said we couldn’t attend the trial as we are not ‘party’ to the case. Where do we go from here? We can’t just give up and walk away from this baby without trying everything we can. Any help or advice would be extremely appreciated. Alex

  9. Alice Brown says:

    Cps aproved my homestudy, I also had to get a psychosocial assessment. My grandkids have been in fostercare every since June ,I’ve done every thing cps has asked of me,I mean every thing, I am these childrens grandmother, what’s going on.

  10. julee says:

    i have a case on me and my kids are placed with family friend well its been a year now and cps say they going to terminate me n my husband rights well if that happens will i ever be able to get my kids back? and wil my kids stay with the placement i have them with now?

    • jketterman says:

      If your parental rights are terminated your relationship with your children, as their mother, will be forever terminated. You will no longer have a legal right to your children; you won’t be their mother anymore. Your children may stay in the placement that they are now or they could be moved. This decision will be the Departments if your rights are terminated.

  11. Samantha says:

    I just got married in September. I have 3 siblings that still live with my parents. They have recently been taken away (still in the same town and get to see our parents) until the Cps worker administers a drug test for both parents. If they fail again they will be taken away. How do I go about having them come stay with me and my husband if this happens?

    • jketterman says:

      You can contact the caseworker and ask that your siblings be placed with you. If she refuses then you can Intervene into the suit — or file suit if one has not be filed — to have your siblings placed with you.

  12. Debra D says:

    My 7 month old great-niece was temporarily placed with my sister (the child’s other great aunt) when CPS was called on my neice (the mother) and her boyfriend (the father). That was 14 weeks ago and the baby’s parents still haven’t got their act together enough to get their daughter back. My sister (53) would like to transfer placement to another family member. What will we have to do to get this done?

  13. Shannon says:

    My 5 month old twins were taken at 5 weeks old due to bleeding around the brain. It has since been proven that the bleeds were due to a platelet disorder that affected both twins. We started on the service plan while also working on getting the babies diagnosed. The counselors signed off on both my husband & myself, we completed parenting classes & got psych evals. Now that we’ve completed the service plan, CPS doesn’t want to give the kids back because we never divulged the “method of injury” & “they do not feel confident that we have dealt with the true reasons the babies came into care to begin with”. No because we completley disagree as to why this whole horrible situation started! Our stance ia that they were almost giddy & over-zealous to diagnoae abuse, they did so without testing the babies dor any disorders, etc. They were o ly 5 weeks old & the pregnancy was comolicated to say the least. The babies were also taken from my Mom a month after this started because my son had a new bleed (due to his platelets not working & not clotting correctly), unfortunately this new bleed was diagnosed before we had a firm diagnosis of the bleeding/ platelet disorder. I have a 2 part question – is there any way to get the babies back with my Mom until this nightmare ends? We go to court on 12/21 & hope to have enough proof to stop it then. And secondly, my Dad has had a home study & been approved but CPS is now dragging their feet on getting the babies with him. Is there anything we can do? Can we set an emergency hearing to get the babies either with my Mom or Dad? We want them with family ASAP! They have been in foster care since they took them from my Mom 3 months ago. Please help…we have a lawyer but I would really like a 2nd opinion. Does my Mom or Dad need to get a lawyer? Thank you in advance.

    • jketterman says:

      I’m so sorry that you’re in this position. It happens more than you think.
      Yes, there is a way to get the babies with your mom. You need to have a hearing to modify placement and show your proof to the judge.
      The babies should be with family and you and your husband should be having as much visitation as possible for bonding time.
      I would suggest that either your mom or dad get a lawyer. They can intervene into the case and become a party. This gives them the right to legally fight for custody and also gives you and your husband a safety net.
      Good Luck.

  14. Shannon says:

    And when I say that we hope to have enough proof when we go back to court on 12/21, I mean that we had one Dr give the firm diagnosis but it was not a local Dr, a local Dr is saying that the platelet function was abnormal bit not abnormal enough. Of course that’s ridiculous but that is what CPS is choosing to listen to. We have several Drs going through medical records, labs, etc to lay out how this happened & to state it to the court as simply as possible. We have just been burned for the last 4 months so we are concerned it will not be enough to make this stop. It seems to take an act of God to get CPS out of your life, even after they come into your life without having a true reason. Ugh.

  15. Brenda Maisonneuve says:

    It’s hard to believe with so many people experiencing he same treatment that someone has not stopped this agency. My grandson was taken for Mongolian spots and none of the family stepping forward qualify. No one has a criminal history and in spite of that the 3 month old removed , now almost two, has been placed into two different foster homes at a cruti bonding period in this child’s life. The parents were only allowed to see the child once a week and will not be getting their child back. The father gave up and the mother had a low IQ score although she seems normal. CPS vendors perpetuate this and it’s a system that benefits monitarily from taking children without a preponderance of evidence. There must be a common gameplan because the stories are similar no matter what the state. When Bush signed the adoption act in 2008 this gave monitary incentives to states to adopt. My state has a 900 million deficit to make up. The civil liberties union should fight to change the laws that specifically qualify what a suitable family placement means , what can disqualify, how far back can something be used (like a thirty year traffic ticket in my case for not having switched my out of state license), and that state and federal laws to put kids with family be honored. I think a state ballot letting voters decide the laws around the power of this agency, should happen.

  16. anissa says:

    R there stipulations for who can take the children. Cps says the children can not go with the father because of a domestic charge four years ago. Other than that clean record…is this legal???

  17. Lizette says:

    Thank you, for this information.. Finally someone has the courage to informed parents the ins and out of the cps monopoly…..I will like to know, if you can recommend an attorney in the state of NY Long Island and in the state of Massachusetts western area to be exact….I also want to know how can I become an advocate in this matter…I want to voluntarily help other parents nation wide….

    • jketterman says:

      Thank you. I don’t have any recommendations for attorneys in those areas. You can, however, look through the local state bar for an attorney who specializes in these matters.
      The easiest way to become an advocate is to write your local politicians. The government controls CPS and all of their actions.

  18. Tina Patterson says:

    I was at work, my children’s father left them unattended, the officer tried to get in contact with me.. can’t be on phone while at work so phone was off.. by the time the found me on my way home cps had taken my kids, there was weed paraphernalia in room with kids, contacted the workers said my kids are going into foster care…i didn’t know my kids where left alone..i don’t know where to begin.. never been in trouble with cps before.. any information would be greatly appreciated..

    • jketterman says:

      First, I do not advise you to fight CPS alone. It’s dangerous. Hire legal counsel. There are many, many lawyers who are ready and willing to fight CPS. Secondly, until you do so — and even after for that matter — document everything. Start a journal. write down EVERYTHING: phone calls, messages left, peoples names, etc. If CPS has filed a suit against you, you should have a Show Cause or Adversary Hearing soon. CPS has to prove that you were at fault also regarding the pickup. They will have to prove that you knowingly left your children in a dangerous situation. If you were actually in the dark as to your husband smoking pot and leaving the kids alone, then you were not part of the the reason for the pick up and the kids should be sent home with you. If you did know that your husband smokes….and they can somehow prove that then they can show that you failed to protect. CPS will absolutely try to tear your family apart. Please do not try to fix this alone. Good luck.

  19. caarla kegler says:

    last year I met this mother with 3 girls one child had so many behavior problems that the one I wanted to help. so the mom said yes, I would show this child so much love that today she is a new child but down through the child would share different things with me andi would keep all information in a book and all text message from her mom talking so bad to her. and what she going to do once she get home well I call Cpsand they shar so much with mom where the family knew it wasme who call well they told the child she could see me any more so the child tired to kill her self because the family known I was her life line they saw the different in this child well the mom put her into a mental hospital put have her put on drugs she don’t need because the mom knew the child had told me the horrible things she do to the kids. she tired to jump off the balcony with the CPS lady their. I ask the worker if the mother didnt have nothing to hide why would she tell the child she couldn’t have no more dealing with me after seen how so far this child have came from a cutter to many other behavior what kind of mother don’t want to see their child happy right now I call that worker everyday she wont call me back in still trying to find that child. she had told some many people about her mom she have a old case started in 2004 until now I will not rest until I get some help , can I get her even if Im no family member just a mother myself and met a child that didn’t need meds are the treatment she have receive through her short time here. she experience love and was growing into this lovely butterfly, help me to get her what can I do.

  20. Diane says:

    What happens when a granddaughter has been place with her grandparents with her little brother and dad getsout of jail and is getting visits and my grandaughter is not his and she don’t even know him where is the logic in that. The little boys is his those and the mother in not in pic.

  21. My kids got taken away from me but while my kids have been in foster care worse has happen my 7 yr old tryed commiting suicide my 3yr olds been put on deppression med an sleep aids my 3 yr old tol me the foster caare dad hit him he had a bruise on his face cps didn’t investigate or nothing instead said it was better for him to be moved but left my one yr old daughter there they r mentally worse since cps has came involved they took 4 of my kids but left one so how is it iam fit for one but not the others I don’t have the money to really fight but my kids r being abused an I need help my phone number s 432-880-2645

  22. Emily says:

    Hi my granddaughter was taken from the hospital by CPS in November when she was born. I was there the day it happen and spoke to the case worker she said I had to go thru several steps. My granddaughter was born in reading PA I live in Newjersey I have taken all of the steps I have been approved from CPS in New Jersey and I have been approved thru interstate my I have obtained my foster care license my home has pass the inspection I have done all the steps I have even gone to a psychiatrist to get a mental evaluation and they said I am mentally and physically fit to care for my granddaughter. My son and his girlfriend (the mother) has lost there rights and the judge did not approve to place my granddaughter in my home. Can you please help me and tell me what is my next step I am in need of a attorney that is willing to fight for my granddaughter to be placed with me PLEASE lead me in the right direction

  23. EVERINE DIRKSZ says:

    Ms. Ketterman, what are your fee for defense Counsel with CPS?

  24. sharry clare says:

    I just found out that my 3 grandkids are in foster care in texas can I do anything and if so what?

    • jketterman says:

      Yes. Contact CPS in the county where they lived.

      They probably won’t give you much information but ask for a cause number and a court at least. Once you have this information, you can intervene in to the suit asking for custody of your grandchildren. Texas law states that if the children can not be safely placed with a parent that they must be placed with a relative (as long as the relative is appropriate). You have a right to fight for your grandchildren and suggest that you do so.

  25. Feen says:

    Just today my cousin had his daughter taken by CPS because his wife violated one of cps terms by testing positive for meth. I was informed by the social workers supervisor that the 21 month old baby girl has been seperated from her half brother and placed in a foster home. She also said to have the baby released to us we would have to do Live Scan finger printing, provide a carseat, proper accommedations (her own room & bed), proof of car insurance and a valid CA I.D.
    I would like to know what is the best thing we can do to insure the return of the baby to our family. Do the parents have or are they able to still try and get the kids? Because they dont deserve to. We would just like to cover our bases before court this tuesday. What can we expect at court? Will the kids be present at the hearing?

    • jketterman says:

      I would intervene into the case. Become a party to the lawsuit. It’s the only way you can really have a voice. CPS has to offer services to the parents. They have a right to take the necessary steps to have their children returned. They hold the key, though. What happens in court depends on what it is set for. If it’s the show cause hearing then CPS will have to prove to the judge that the children should be removed from the parents. If it’s a status hearing then the judge will accept the service plan…or not. If it’s a permanency hearing the judge will hear about the child and approve placement, or not. The kids will most likely not be at court.

  26. Casie says:

    I’m frantically trying to find info !!! My cousins 3 kids were taken by CPS in Texas . When she was taken to court the judge was told that there was plenty of family willing to take the kids , they were placed in foster care anyways . We were also told that there was nothing we could do about it for 10 days . Is that true is there anything else I can do ? They live in Corpus Christi I live in Dallas will they even let me have them since I’m so far away ? HELP PLEASE !!!!

    • jketterman says:

      You need to go to court with your cousin. Tell the caseworker and the judge that you will take the children. Texas law states that children must be placed with family, if not with a parent.

  27. Needing answers says:

    My husbands son was placed in the care of his grandparents. The mother could not be alone with the child. CPS did not contact my husband to care for his son in this instance because the mother lied stating she had no court order or contact info for him. There is a court order and she did have contact info. Her parents went along with this. CPS is stating 18-24 months before he can even find out what happened unless we subpoena them. Shouldn’t he be immediately entitled to information concerning his son. Did CPS do wrong by not giving my husband the option to care for his son before grandparents?

    • jketterman says:

      Yes. Your husband has a superior right. If he wasn’t part of the pick up then CPS has to place with him. He needs to file a writ of habeas corpus to demand his son.

  28. Debbie says:

    I would like to take my 2 grandsons for a few months while my daughter gets on her feet. She isn’t getting child support from either father and is having a very hard time financially. Someone mentioned voluntary foster care for us. Is this actually an option and would it have ramifications for her in the future? Do we have to go through the legal/CPS system to do this correctly? There is no danger to them being with her except for the financial situation. She has done a phenomenal job and just needs some help. But we want it done properly. Any suggestions would be appreciated.

  29. K. Quin says:

    A little boy’s mother died and he was adopted by his cousin and her husband when he was 7. Now he is 15. They don’t want him anymore so he has been moved to the grandparent’s home. My question is about the benefits, in particular, his adoptive parents get $400 a month, his college is paid, and he has Medicaid. Do the benefits transfer with the child? The adoptive parents say the benefits stay with them and therefore the boy cannot be adopted by the grandparents. Do you know the answer?

  30. need help says:

    I have legal custody of my niece and now the mother wants her in fooster care bc I can’t take on the other jail.. my sister just got out of jail and is living with a sex offender. Can she do this

  31. Sofia says:

    My brothers girlfriend placed their newborn in an adoption agency w/o notifing my brother. The baby has bn placed w a family that wants to adopt her and my brother is in jail for dwi can my parents the babys grandparents get custody or will the adoption with the agency go through?

  32. Falsely accused parents says:

    We are dealing with Cps, we have never been through this before..We need legal advice. We took our son to the pediatrician due to him being extra fussy over the weekend, he seemed to be having a difficult time eating. The doctor put him on amoxicillin for a throat infection. The next day changed our lives entirely. He appeared to be having a seizure like episode, we rushed him to the emergency room, stayed over night and were told this was a cause of reflux and he was released from the hospital yet the discharge diagnosis stated he had breath holding spells. On the following day, this seizure like episode happened again but this time we went to his pediatrician and were admitted once again into the hospital for further testing. After an eeg was done, it was determined that he had extra fluid in his brain which lead to surgery for it to be drained. After the surgery, we were told that cps would be notified. We were at the hospital the entire time by his side while he was in the hospital up until cps placed both of our boys in grandmas care. We feel as though we are being lied to and manipulated. We have been cooperating with everything they have asked of us. We were basically told that there were no other explanations but we did our own research and found several possibilities, including one that explained everything we saw during his episode. I stated that I wanted this testing done and he was released without it being done. We are terrified and aren’t sure what to do. We already feel like we have given cps too much information and are worried that it will be used against us. Please help us. We just want our boys home..We’ve even been told by someone at our pediatricians office that they would be willing to testify for us if it comes down to that, this person has seen both boys since they were born..

  33. Lovewithouttheblood says:

    My son and his common law wife lived with my mom and I for over a year with her daughter that I bonded with, and her with me. Her mom and I eventually had a large argument. So she and my son with her daughter that I consider my granddaughter now moved out; however she is rather hateful and refusing to let I or my mom (elderly) see the girl that I consider my granddaughter. Do I and my mom have any grounds to fight for visitations?
    Thank you

  34. Lonnie Hobday says:

    Hi, I’m writing because my children age 11 and 2 were taken from their mother who lives in Florida on January 5, 2015. They are currently in separate foster homes because of age gap. I’ve been in constant contact with the case investigators and case manager. There has been an order for a home check on my home here in Texas but I have yet to hear anything else other than the next court hearing is on March 4th. I’m not sure what other steps I can take to make things happen quicker. My daughter is scared and just wants to come home. I can’t afford to hire an attorney. Any help would be GREATLY appreciated.

    • jketterman says:

      If you were not part of the original allegations and/or pick up, then your kids should be placed with you — according to Texas Law. I don’t know Florida law, but I would almost bet that they have a similar law. If I were you, I would get an attorney in Florida. If you can’t afford one, the CPS court should determine your indegency and appoint you an attorney if you qualify. If you do not qualify for a court-appointed attorney you can go to various groups such as Legal Aid, Father Rights Groups, etc for help. Good luck.

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