You may also want to fight or yell at the CPS workers, but that will only upset your child more. CPS is not supposed to use force on you or your child, but if a police officer is there, he or she may not be required to follow the same rule. Sometimes your child will already be living with someone else because you have agreed to it as part of a safety plan. Elements of “Actual Care, Control, and Possession.” Under Jasek v. Texas Department of Family and Protective Services, the court looked to the composite elements of the care, control, and possession in reaching its decision, considering: This article provides information on the Child Protective Services removal process. FREE, Not for Sale:  The information and forms available on this website are free. If DFPS seeks to legally remove a child, they must file a petition called a Suit Affecting the Parent Child Relationship, an affidavit containing the allegations that necessitate the request for a removal, and request that a court name DFPS Temporary Managing Conservator of the child. Your lawyer, your caseworker and your child’s lawyer and any GAL are required by law to report abuse or neglect of any child, including yours. They are not for sale. If your child is in immediate danger, you should call the police. CPS must give parents information about the removal of their child by the next day, if the next day is a weekday. Sexual abuse Code § 262.001(a). In this case, your child may not actually be taken from the place she is currently living, but CPS asks for legal custody and might ask to terminate your parental rights by filing a lawsuit. 1 In an emergency situation, CPS can remove children from an unsafe place before presenting evidence to a court to obtain an Order authorizing the removal. If DFPS seeks to legally remove a child, they must file a petition called a Suit Affecting the Parent Child Relationship, an affidavit containing the allegations that necessitate the request for a removal, and request that a court name DFPS Temporary Managing Conservator of the child. A child should not be removed from his home if there are other available options to keep the child safe at home. In these cases, you will not get to say “goodbye” because you will not know about the removal until after it happens. If a court does not find that DFPS has met their legal burden to be named Temporary Managing Conservatorship of a child, the child should be returned to a parent. It is important to remember, though, that your child may really just be feeling unhappy or lonely. It may take a long time before your child can come home, if at all. CPS can place a child almost anywhere the CPS worker thinks is appropriate where your child will be safe, and where space is available. If a child is removed, CPS rules in Texas stipulate that it will notify the parents in writing and provide any papers filed with the court, and there will be a court hearing within 14 days. Will I be notified beforehand if my child has to be moved to a different placement? Authorized Actions by Governmental Entity A governmental entity with an interest in the child may file a suit affecting the parent-child relationship requesting an order or take possession of a child without a court order. placing a child in or failing to remove the child from a situation in which the child would be exposed to sexual abuse committed against another child. If DFPS seeks to formally remove your child, seek legal advice. This means that some other adult will be taking care of your child for you. 4522 Accepting Requests From Other States to Place With a Non-Custodial Parent Living in Texas. Children are removed if they are at substantial risk of abuse or neglect and there are no services that can be put in place to prevent removal. Sometimes a removal happens while you are with your child – at your home, at a CPS office or even a police station. Can I still make decisions about my child’s education and religious training? However, CPS in Texas does have the legal authority to do so without a court order if the CPS investigator feels that the situation creates imminent danger to the child and immediate removal is necessary. The person must also have enough room in his or her house or apartment for your child and be willing and able to follow the rules the court sets up (for example, only allowing you to see your children when the judge says it’s OK). Alternatives include safety planning, sending the case to Family Based Safety Services (FBSS), or agreeing to a Parental Child Safety Placement (PCSP). Have you ever noticed the children the make the news are the ones that have been killed, molested, tortured and treated like animals, actually worse then animals. In these cases, your child may be moved without your knowledge but the caseworker must notify you of the move soon after it happens. 5121.2 Proof Required to Support an Order to Remove an Alleged Perpetrator From the Home. See “Who Counts as Fictive Kin” sidebar on page 54 for more information. In what can only be characterized as an extreme miscarriage of justice, the Texas Department of Child Protective Services (CPS) got an emergency court order in Kaufman County to remove a 4-year-old boy from his family. 4. DFPS can remove a child without a court order in some emergency circumstances. (See page 95 for more information on visitation.). In these cases, usually you will be able to say “goodbye.” If the removal happens at home, you may be able to help your child pack a few things. The Texas Family Code provides that the case must be finalized within 12 months from the date of removal. If things are going well with your case and CPS thinks you and the child would benefit from more contact, then you may get to see your child more often. What is foster care? If the judge decides to let CPS remove your child, he will sign a non-emergency order giving CPS permission to do so. Foster parents are people who are approved by the state to care for children in their home. One of the most intense and emotional aspects of family law are those cases that deal with Child Protective Services (CPS) removing a child from a parent’s home. Staying calm doesn’t mean that you are giving up your child for good. For the court to uphold the removal, CPS must prove: There is a continuing danger at the home of physical or sexual abuse or there is evidence that the child … Typically, Texas Child Protective Services will obtain a court order to remove the child from home. If you do not, the judge likely will order you to fill it out, and if you still do not fill it out, you could be in violation of the court’s order. In whichever way CPS removes a child from his or her parent, the court must have an “Adversary Hearing” within fourteen (14) days of when the child was taken into custody by CPS, unless the child has already been returned to his or her home by then. A CPS worker might come to your house and talk to you in person, or, if you are not home, CPS might leave a “Notice of Removal” letter marked “confidential” at your house. Be aware that the caseworker will use information gathered during the investigation and FBSS phases when preparing the affidavit. If a CPS agent shows up at your front door and has reason to believe that your child has been harmed or is in danger, he or she may temporarily relocate your child. For more useful information go to TexasCourtHelp, a website of the Texas Office of Court Administration's website. This is normal. If CPS believes that your child is in immediate danger, the removal may happen quickly and without warning. CPS has to convince a judge that immediate removal is necessary to protect your child. (If your child is in immediate danger, CPS can remove your child before getting permission from the judge, but must then get the judge’s approval within 3 days. Just because CPS suspects that a danger may exist, that is not enough to warrant his or her removal from your family. This might be the case if your child has suffered serious injuries or if you child is afraid to see you. Kinship Placement: This includes your family or friends who agree to have your child stay with them. Shelter: Shelters are usually used to care for children on a short term (up to 30 days) or emergency basis until a more permanent placement can be found. See Exigent Circumstances section below.). Sometimes a parent will consent to CPS taking custody of their child in order for the child to receive mental health services. Thousands of families are being torn apart by CPS. Texas CPS Drug Policy The following is a policy regarding drug testing from the CPS handbook: The right to visit with your child will be one of the most important rights you have during a CPS (child protective services) case, and it is important to take advantage of the visitation that is allowed/ordered both from a bonding perspective as well as a legal one.Under current Texas law, CPS must arrange for you to visit with your child no later than five days after CPS is granted TMC. If a parent requests a full evidentiary hearing, a parent may provide their own evidence to support their position against removal and may be required to testify. This is a complicated question and it depends on the facts of your case. Any parent contesting a removal of their children should seek the legal advice of an attorney before deciding to move forward with a full evidentiary hearing. Will I be notified beforehand if my child has to be moved to a different placement. 4522.1 Completing a Home Screening When a Child From Another State Is Placed in Texas. If DFPS requests a removal, they may ask a parent to voluntarily allow DFPS to obtain temporary custody of their child. You should do whatever you can to help your caseworker contact family and friends who may be able to take care of your child. On June 20, state Child Protective Services workers took the 4-year-old son of a Kaufman County couple from their home and into protective custody. You should never assault or get violent with a CPS caseworker or any law enforcement officer involved in the removal of your child because that can result in you going to jail and facing prosecution. The judge may decide to return your child to you at this time or to keep your child in a different home. To meet their Legal burden to be urgent, you may be willing to keep your child – your. 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