Grandparents

CPS policy and the Texas Administrative Code states that if a child cannot be returned to the parents then CPS must place the child with family. CPS violates this over and over again. CPS is either removing children from grandparents or refusing to place children with their grandparents for the most insane reasons, i.e., grandparents live by a lake, grandmother smokes, the child has bonded with the foster parents. I’m infuriated. What about family history and maintaining family ties? What about the child being given the opportunity to know his heritage? Don’t let CPS get away with this. Fight back and demand that CPS follow the law.

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51 Responses to Grandparents

  1. linda says:

    One of my grandson died and the other was placed in CPS care. CPS is making it out like it was my fault because I didnt do enough to protect to him, and they are trying to adopt him out to an unrelated family. What do I do? My family contacted CPS. I did all I could do without kidnapping the kids (which I should have). I am still fighting but I dont know whats going to happen.

  2. Treva Foster says:

    Recently, I was indicated for abuse/neglect of my granddaughter. She and I was involved in an accident she substained a bump on her head nothing major. The thing is I had been drinking with my family and her mom as well before leaving to return home. The investigator for DCFS never contacted me they only got my daughter side of the story which she didn’t tell the truth that she was drinking and she put her daughter in the car. I did not know I was under investigation until I got letter from the department which is over 60days because they sent it to the wrong address that I never lived at what can I do about this situation failure to inform and lack of due process. I reallly need this to go away! Please help!!!!!!

  3. jketterman says:

    Please contact my office at 713.652.2003. Until then, do not give any statements to CPS or any police agency.

  4. jketterman says:

    You need to fight. Please call my office so we can talk in more depth.

  5. can grandparents get custody of the chikdren. i need help 8322124265

  6. Sheila OBannon says:

    I recently have had my two granddaughters placed in my care by CPS due to allegations by the father of one of the girls against my daughter that they were being neglected. A home visit was conducted and my daughter has agreed to have them placed in my care until the investigation is complete. My concern is that when my youngest granddaughter goes to her father for her regular visitation, he will try and keep her due to the report that he filed. We were not told that it was him but I have comments on Facebook of stating falsely that the girls were in danger. My question is I am willing to allow him to maintain his visitation but can he be held for kidnapping if he refuses to return her as stated in the visitation papers that were drawn up between him and my daughter. I’m terrified to let her go but I don’t want to be in trouble if I don’t. Any comment would be appreciated.

  7. jketterman says:

    First, what does the safety plan — that your daughter signed — say about Dad’s visitation? You need to go strictly by that plan. If Dad’s visits aren’t addressed, call the caseworker and confirm what you should do.

  8. jketterman says:

    Yes. Grandparents can get custody of grandchildren.

  9. ernestina lopez says:

    I have a concerned, my oldest grandson has told me that his father told him that, he will hit him, if he does not tell him to what his mommie does who she see’s or dates. He is already making a life with somebody else, her husband has threatened, too take away the kids, can my daughter give me full custody of my grandkids, and can i take custody away from my grandkids father also. I have text messages from him harassing my Daughter his facebook stating that he makes false accusations tours my Daughter. I need too hire an attorney

  10. Beatrice says:

    I do not have comment. I want to ask you a question. I have a feloey for writing Check this was 16 sixteen year a old and I am trying to get my great grand child and CPS is used this to keep me from her. I know that you can have a record and still can take care of the child that they have in there care. My number is 713-249-1624

    Thank you!!!

  11. sandy borgstrom says:

    My son is incarcerated at this time and will be coming home in November. His girlfriend was pregnant and they broke up and she went back to her old boyfriend. She had the baby and CPS took the baby while she was still in the hospital. The baby tested positive for Marijuana. She allowed her old boyfriend to sign the birth certificate as the baby’s father and CPS allowed him to take the baby home with him. He has since moved away with the baby. I firmly believe that my son is the father and I am at a loss at what to do. I want to be a part of the baby’s life and want to know if it is possible to make them submit to giving a paternity test.

  12. jketterman says:

    Putting a man’s name on the birth certificate does not make him the legal father. If he was not married to the mother then he is still only an alleged father. If you believe that your son is the biological father, he needs to file a paternity suit to establish paternity. This will then establish you and a grandparent and will then give you certain rights to the baby. Work quickly, though, the longer that the baby is with this other man, the more legal rights he establishes.

  13. jketterman says:

    You’re right. Many grandparents and parents, etc, who have criminal records, take care of children every day. If CPS doesn’t agree to place the child with you, you have the right to intervene into the case and request — to the judge — that the child be placed with you. Good luck.

  14. jketterman says:

    You have the right to go to court and protect your grandson. You need to file a suit for conservatorship if you feel that your grandson is in danger.

  15. Karen Baumann says:

    My son brought his pregnant girlfriend to my home and dumped her off in August 2006. My granddaughter was born that November. I told the mother that I would support her and my granddaughter if she would go back and finish highschool, then go on to college and earn her degree. I felt that if she got a good education, she could get a good job, and be able to adequately support herself and my granddaughter. My granddaughter was diagnosed with brain cancer in August 2008. She is now in remission. Leslie had become addicted to porn and was constantly meeting men on the internet, then meeting them to have sex with them. She brought this behavior into my home and I caught her having sex in my livingroom in front of my granddaughter with some strange man (7 different times over the course of 4 years). In August 2011, Leslie took my granddaughter and fled to Florida where her family lives (to hook up with a guy named Spider she had met online)without a word to any of us. In October 2011; the police contacted me and asked me to identify some pornographic pictures of my 4 year old granddaughter that they had confiscated over the internet – being sent to convicted sex offenders. I viewed the pictures, and they were of my granddaughter. In September 2011; my son violated Leslie on a visitation order and was granted permission to go to Florida and bring his daughter back to Colorado. My son realized that he could not adequately take care of her and brought her back to me the day after Thanksgiving 2011. On 12/17/12; a CPS worker showed up to his home with two police officers and informed him that they were opening a D&N (Dependency and Neglect – we later found out) on him. The case worker lied to him telling him that it was a good thing as it would help him with low income housing, services for him and his daughter, help him to get a car, etc…He had no idea what a D&N really was, niether did I as we have never had any dealings with CPS. They opened this case on him 3 weeks after he had already placed his daughter back with me. The court papers said that his home was unsafe, unclean, and unhealthy for my critically ill granddaughter. Yet; they left my one year old granddaughter there and saw no such reasons to remove her. On 2/2/12; CPS came to my home, walked in univited – followed by two police officers and told me they were taking my granddaughter. The only reason they gave me was that my parents and grandparents had a long history of abuse. They’ve been dead and gone for years. I was listed as the Special Respondant to the case and given a treatment plan/parenting plan to complete in order to get my granddaughter back. The case worker, her supervisor, and the administrator did everything possible to delay, sabotage, and thwart my efforts in completing the plan. One of the things they listed for me to do was to get a psych eval done. I fought them for 3 months to get this set up so I could do it. They ignored me, wouldn’t get back to me, gave me the runaround, etc…I finally went over their heads and told them that if they did not give me a provider by the following day, I would contact the court and tell the court of their non-compliance and ask the magistrate to appoint me a psychiatrist to go to to get my psych eval. They sent me to one of their doctors and I had my psych eval, completing everything they had listed for me to do. I called the Doctor two weeks after my eval to inquire about the results of my eval, and was told that she could not go over the results with me until she could get with the case worker and find out what it was she wanted out of my eval. This struck me as odd as it is my eval, I am the patient, and I should get the results before anyone else did right? The doctor told me that I had nothing to worry about, that she would try again to get ahold of the caseworker and would get back to me with my results by the following week. I finally got my report in the mail, on a Saturday, two days before court. Nothing that the therapist and I talked about was conveyed correctly in this psych eval (I’m still trying to figure out if this is my psych eval or someone else’s). She diagnosed me with PTSD and since then, I have gone to 4 different therapists who all tell me that I do not have PTSD and do not fit the criteria. Yet; what ever this therapist put into her report made the Magistrate really mad at me and she granted the departments request to have me removed as the special respondant and removed as a possible placement for my granddaughter. My granddaughter has indicated to me several times that the foster care provider and the case worker have been hurting her. Two weeks ago; my granddaughter burst into tears and cried, “I’m sorry gramma, I won’t be bad anymore. I want to come home with you please. Please don’t make me go back to the foster house. I promise I will be good. Please gramma, I want to come back home with you.” I am pretty sure that they are telling her that we don’t want her, that she has been bad or something, and brainwashing her to do and say what they want her to do and say or they will punish her. Because they couldn’t get any dirt on me (my background checks came back clean) they attacked my 14 year old autistic son by coaching my granddaughter to say that he had touched her innappropriately 3 different times (March 2012). This did not happen, I proved it to the investigator in Larimer County, and she reported the allegations as unfounded. These workers then took information that my 12 year old daughter gave in a forensic interview for my granddaughter about the abuse she suffered at her mother’s hands and gave her information to one of my neighbors (who’s son is my son’s best and only friend) then told the father of this boy (not a very nice man and I do not want to be on his bad side) that it was my 12 year old daughter who reported them. The man called me on the phone threatening to run me and my daughter down with his car the next time he saw us on the street, to burn our house down while we were asleep, forbade his son to have any contact with my children, etc…I was able to talk this man down and explain that we had done no such thing. What he had been told came from what my daughter talked about in the forensic interview that had nothing to do with them. He invited us to come to his house the next evening when the worker was to be there to open a D&N case on them. We went to his house, confronted (and taped) this worker who admitted that that was exactly what they had done, and she had given my 12 year old daughter’s name to this man. On 9/21/12; I finally found out why the magistrate had been so angry at me. It had nothing to do with my psych eval as I had thought. It turns out that the caseworker has manipulated the system even further by claiming that my granddaughter said that my 14 year old autistic son stuck a screwdriver and a lollipop in her butt. This is impossible as my son is incapable of even forming these thoughts, much less carry them out. He has very poor fine and gross motor problems; is very awkward and clumsy, can’t zip a zipper, button buttons, snap snaps, undo or redo a diaper, wears pull up elastic wasted pants, velcro shoes, can’t use silverware so eats mainly with his fingers, etc… My granddaughter was in diapers when CPS took her and niether she or my son know what a screwdriver or a lollipop is as they have never had any contact with tools of any kind and don’t know the first thing about them, and we have never called suckers – Lollipops, but the caseworker calls them lollipops. I am currently taking foster care classes, mostly so I can find out the rules and laws as CPS tells me nothing, and so when I graduate I can walk into court and tell the Magistrate (who will not listen to anything we say, or even look at our evidence) that I am certified by the State of Colorado as a Foster Care Provider and they have no reason to not return my granddaughter back to her family. This is the worst case of system abuse that I have ever heard of or experienced by social workers, and I intend to expose these people to the media and whoever else I can get the word out to, because they should not be given the right to do these kinds of things to people and get away with it. I am a member of the Grandparents Alliance and we are working together to get these laws changed and accountability for these unscrupulous workers nationwide. If anyone is looking for support, information on what you can do, and want to help us accomplish these changes, please contact: Linda Tanner at http://www.larimercountyallianceforgrandfamilies.org or http://www.PAC-Kin.org where all kin is welcome.

    Karen Baumann

  16. Janna Wasserman says:

    we went and got my son and grandson because the mother and father( our son) were using drugs her parents took the granddaughter and said they did not have room for the 3 year old and let him stay in that enverment so my husband went to get grandson and made our son come home too but today he took off with the grandson and went back to her we know they are getting high on drugs they got a big check today what can i do to get custody or can i please help!!!!!!!!! we need to protect these childern!!!!!!

  17. jketterman says:

    You need to file a suit affecting the parent child relationship asking for custody of the grandchildren. If you can prove to the court that the children are in imminent danger then you should get custody.

  18. john thomas says:

    i am writing because cps just removed my children from the home, i have family in maryland who can take all four immediately, how can i get cps to take my kids out of foster care and get them to grandparents temporarily til the case is settled, my wife and i werent even given a chance to comply with the safety plan signed today and by the afternoon they were removed, my 3 yr old just had surgery 6 hours prior to the removal and has already shown signs of complications. please i need advice what to do, we are in north texas decatur area

  19. jketterman says:

    If a case hasn’t been filed then ask to “voluntarily” place the kids with the relative. If you are not under any court order you can go get the kids and place them with whom you please. If there is a court case then the relatives need to intervene into the case and become a party. At that point they will have a voice and can ask the court to place the children with them Texas law is very clear in that if children can not be place with the parents the they must be placed with a relative.

  20. sandy says:

    yes hello , thankyou for all of this time and effort. because of pstd with cpiss I don’t trust you. but I am needing help. If you file paperwork with the clerk of court as everyone can and should do, affadavits, your side of the story to land on the judges desk and to be in the record, which is what you also need to tell people, doctors tell people things and also dieticians etc, I think we need to have some dang knowledge and be able to use it. anyway, the things in the filings never get brought up at the hearings. the caseworker is mumbling , I cannot hear her, and the judge treats me like an ass and I dumbly anser his stupid questions, this is some big game and joke to them. so, do I bring these things up at hearings? i’m sure a lawyer would make sure he knew what was being said and respond if need be. also speak up for my interests. so lawyer and doctors and everyone in this system can easily lose their licens eand practice by not abiding the government dole, so how does it feel to work so hard for nothing?

  21. jketterman says:

    I’m a bit confused at who all you are angry with. I fight CPS and the government everyday. I believe that I am winning the fight one case at a time.

    Our Constitution allows for individuals to represent themselves in court. But it’s just not wise. There are rules of civil procedure and rules of evidence. Filing papers with the clerk does not get the “facts” in front of the judge. Proper representation does. Merely filing papers with the court is a waste of time. All the the papers are considered hearsay unless they are properly entered in to evidence. And just because something is filed doesn’t mean that the judge will read it.

  22. linda hammond says:

    That’s what I need to know, cups I called today in kentuckyand they told me they couldn’t tell me anything. I do not have a record at all for child neglect or abuse, not anything on my criminal record or not even a driving record,please help

  23. jketterman says:

    You can always ask that your grandson be placed with you.

  24. jrhodes says:

    My daughter is in jail for public drunk and hit a cop and spit on one. went to rehab for a year with 5 yr probation. another public drunk paid 300. and got out. Broke probation not going to AA meetings, now in jail again, now CPS tells me to get custy of a child thru the court but I have one she wrote out. CPS said they are not giving her back the child for me to adopt the child while she is in jail. I adopted her first child at 5 yrs old now 12 and j is 7 I love this girl but don’t know what to do

  25. BettyRamirez Oney says:

    hi, my grandsome is a Hearing Aide child, my son is encarceleted, he be out in parole in July and be deported, his resident card is expire, my grandome was in my care. In bebruary i left Houston to El Paso Tx to take care my son stuff, while i was there i was detenied in New Mexico, i have a pendent case, my lawyer told me not discuss it with any one. I informed cps about that, because i dont want to lie, and they use that agains me, and told me i can get my grandson custody. he is in foster home, and thet refuse to get me any information of him. las March 22 was his birthday, I request talk to him and i was denied. what i can do to get my grandson custody, sence his born i always take care him. his mothet abandone my grandson sence he was 18 months. my son request child support sence she left but she can be found acord of them. what i can do? Thanks

  26. Victoria Simpson says:

    I have a question. I have temporary custody of my grand child for 4 months now. I was not told about any state help in texas. I was wondering since I am doing this on my own. Do I still have to deal with cps month to month. They keep asking me for the parents where abouts. My son does not come around unless he needs money and my daughter in law only visits during the holidays. The visit are 30 minutes or less. I want to adopt my grand child and I do not want her to go to any foster care. I want to close this case as soon as possible.it breaks my heart that they tried to get both parents to stand up to there responsibility. Why should my grand baby and I suffer for there stupidity.

  27. ashley says:

    My son was tooking from me ..i was arrested and they called cps to remove my child i asked to call a family memeber to pick him up the officer and cps worker said no i got out of jail the same day and went to the cps office they told me they wasnt going to release him to me because they feel im safe all this is because of the past my babydaddy has now they trying to take my other kids from me and every family memeber i put down for a placement they denied thansem my son is one yr of age and he already in a foster home they said because they cant keep babys under six i need help these my frist time in trouble

  28. jketterman says:

    You need an attorney. It is impossible to fight this alone. You have a right to a court-appointed attorney. As soon as you go to court ask the judge for help. Tell the judge you need an attorney.

  29. jketterman says:

    You need to intervene into the suit to fight for custody and termination of the parental rights. After that is completed then you can file a petition to adopt. If CPS has temporary managing conservatorship then you do have to deal with them monthly until the adoption is consummated.

  30. jketterman says:

    You need to hire an attorney to fight for custody.

  31. jketterman says:

    You need to do whatever is necessary to protect your grandchild. If you don’t, CPS will place that child with a family that will protect him.

  32. T.R. Allen says:

    If you reviewed a case whereby a family (including children) civil rights were violated by CPS, would you represent them in a lawsuit?

  33. kim and ron mccarthy says:

    i have never asked for help with my child…now i really dont know what to do. my husband and i have a 7 year old daughter together….we found ourselves between homes and personally asked his mother to help….delighted we trusted her, we gave her temp. custody and also in another state….untill we got on our feet! over the last 3 months however, she has cut off all contact…im beginning to fear for my childs safety and/or what brainwashing is going on! what do i do!? any advice? any at all? im sooo scared….

    -parents in terror

  34. Patti says:

    My Grandchildren were taken from my son and his girlfriend by CPS because the girlfriend was having psych issues, we did paternity test on my grandson as they suggested, it came back zero probability of being my son’s, we have been in and supporting him since he came into this world, CPS informed us we have no rights to him and placed him with the girlfriends sister. My granddaughter was born premature she is still in hospital, CPS stated that we cannot have custody of her until paternity is established and even then she will go where the brother is, can they do this ? I want my granddaughter how can CPS deny me custody or rights.

  35. Amanda says:

    So my 6 month old is staying with my cousin while services are being completed and the pcsp was up in the 2days ago. Cps wants to extend it another 3 months because they feel that my daughter is not safe to come home. Apparently my word is not good enough and since i cant prove that the threat (father is no longer in home) is no longer there they want to extend the placement. I have done all services and jumped through hoops for these people without any type of effort by them to reunify our family. Thank You! Have not been to check my house ever during the last 3 months and i have taken their drug test, did their counseling, kicked of the father of my child, and still they wont even give me unsupervised visits. I feel like my family is trying to keep my daughter as we are not close and they wouldnt come around while i was pregnant. My childs father’s mother (the paternal grandmother) and his family were the only support i had during my pregnancy and up until cps came and said my home was not safe due to domestic violence. She wants the baby to stay with her instead of my cousin because they dont get to see her ofter and she as well as I can tell they are going to try to keep her. My question is can i change caregivers when i go to sign the extention and if cps doesnt want to what are my rights? Right now all safety plans and papers are no longer valid but i dont want to sign another one until i feel she is places with someone who has the same goal as i do which is to get her back home

  36. sabrina peterson says:

    My brothers daughter was removed a year ago. The family has tried to get her back they are telling my parents their house is to small they liveed on the river and smoke cigarettes so they can’t have her. We got a lawyer but he knows the foster parent that is trying to adopt her. They have stopped all family visits. We need help my number is trying9404459837 we want to keep her with her family

  37. jketterman says:

    Texas law states that if children can not remain with parents then they must be placed with family. Your parents need to intervene into the case and fight for their granddaughter. If you have further questions, you can contact me at 713.652.2003. Good luck.

  38. jketterman says:

    If your Safety Plan has expired and you’ve done your services, go get your child. If CPS wants to file a legal case, they will have to prove that your child is in immediate danger if placed with you. If the judge determines that the baby should not go home with you, then you can have your child placed with a family member of your choice.

  39. jketterman says:

    Grandparents in Texas have very few rights. And these rights are not automatic; you’ll have to fight for them. Demand a DNA. If you get positive results, go to court and fight for your granddaughter.

  40. jketterman says:

    Go get your child, and quickly. The longer the grandmother has her the easier it will be for grandmother to keep her.

  41. jketterman says:

    CPS is immune from being sued. They are a governmental agency. You can sue individual people within CPC for negligence, but not CPS as a whole. You can do a 1983 civil rights action in federal court, but those cases are extremely hard to win.

  42. Dee says:

    I have a question. CPS is keeping my grandkids from me because my husband has a felony on his record. The kids are back with the parents but CPS is still involved. At one time, just a couple of weeks ago it was ok for my son, daughter in law and grandkids to stay here. My ex husbands wife works for CPS and she called the case workers supervisor and told them I don’t know what. She did not know my husband has a record. My question is can our grandkids be kept away from us. My ex husbands wife is finding out too much on this case. She is not suppose to look at the files. It is a closed case. We need help.

  43. sara says:

    I have a nightmare custody battle with the other party and also CPS is involved please can you contact me at 8324391503 ..

  44. sara says:

    I have a nightmare custody battle with the other party and also CPS is involved please can you contact me at 8324391503 .. I need a lawyer as soon as possible my lawyer no longer wants to have anything to do with my case due to the fact its too much drama..

  45. My name is Suzanne I’m from Sacramento can, I’m on informal probation two police acting like they probation officers walk right in my house start searching my room because they say that someone informed them that me and my kids father are selling drugs they find some non narcotics pull the marijuana plants from the back yard they found a crank pipe in my closet I have my daughter and niece in the house but my dad came to the house so the cops let my dad take them to his house the cops give me and my boyfriend citations to go to court next month the cop tells me he is going to have CP’s come out to the house to see if its liveable for my child because he said the house was dirty so the next day CP’s comes they ask if my kid and niece could go to their grandparents house I said no problem so CP’s go. To my kid parents house my dad and mom have marijuana plants in the back yard my dad also has a medical cannibus card CP’s did a background check on my dad he had a 1984 D.U.I so they took my daughter and my niece from my parents which is the kids grandparents they are now at a recieveing home was that right for them to take our kids help please!!

  46. John Granger says:

    My grandchildren are in CPS custody. I went to a hearing a few days ago and asked the children’s attorney if I would be able to visit my grandchildren once they were with a family member. She replied, “Only if you pass a background check.” I am a parental grandparent, and actually assisted CPS in locating my daughter and her boyfriend with they were on the run from CPS. Now they are telling me that I may get to visit with my grandchildren because of a twenty year old criminal background.

  47. Donato Rodriguez III says:

    On July 2, 2015 CPS took custody of a 4 year old and a 3 month old boy after police raided the parent’s home for alleged drug use. Their maternal grandparents were out of state and their fraternal grandparents live in another town 4 hours away. On July 3, 2015, both sets of grandparents met with CPS and they said that a hearing would have to be held in order to release the children to the grandparents. It has been set for July 16, 2015. Both sets of grandparents are very close to the children and can provide emotional and physical care for them: maternal grandparents – a regional manager for a bakery and a business owner; fraternal grandparents – both retired, late 50’s. Grandparents have never been arrested, in trouble with the law in any fashion, and are in good standing in the community. We were allowed a one hour visit with the children on July 9, 2015…needless to say the 4 year old, a very sensitive and smart child, was crying once again after we had to say our goodbyes to him. The caseworker told us in confidence that she did not agree with her supervisor’s decision to not release the children to us, but that her hands were tied. I can only image the terror and insecurity felt by our four year old grandson not being able to remain with us. He is being subjected to cruel treatment and he should not be punished for the indiscretions of his parents. We are hoping that the judge releases the children to grandparental care/custody on the 16th. If not I feel forced to take some sort of legal action against CPS. I do not believe they are acting on the best interest of the children.

  48. Donato Rodriguez III says:

    Can you please delete my name from previous post. Thank you so much…..

  49. Debbie Mangold says:

    My son in law’s mother has adopted my grandchildren. They get to see them once a week if the bow down to her and do as she says. I can send them gifts, but no pictures or phone calls. They live in Murray, KY. My oldest granddaughter always asks her mom when she will be able to see me. She will be 8 this Oct. I miss them so much and my heart breaks every time I’m told that she wants to see me. All I can do is wait till they are older. If you have any advise I would love to hear about it.

  50. Dook Locc says:

    I live in San Jose CA, my daughter moved to Houston Texas, an got my grandkids taken, can I go get them an bring them back to car, an if so how do I go about this

  51. jketterman says:

    Technically, no. If CPS is now the temporary managing conservator of the children then they are, in essence, the parent. You would have to get approval from CPS and have a interstate home study done (an ICPC). You do have the option of intervening into the lawsuit. If that is done, you are now a party to the case and the likelihood that the court will hear you increases greatly. You best bet is to contact a Houston attorney (there are many who are qualified to take a case like this) and have that attorney fight for your grandchildren on your behalf.

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