If CPS does not approve a family member or friend’s home for placement, talk to your lawyer about what you think would be best for your child. CPS may not know for sure where your child will be placed at the time of removal. If DFPS does not believe that a child is in immediate danger, they may request Temporary Managing Conservatorship of a child after filing a petition and providing notice of a hearing to the parents. It describes the laws and policies that govern To get additional visits with your child, you will have to work with your CPS caseworker to come up with a visitation schedule. It is also possible that your child could be removed from your house or apartment when you are not home. If a parent does not agree with DFPS being named Temporary Managing Conservator of a child, the parent may still contest the request of DFPS and ask that the court conduct a full hearing with evidence. Within 14 days from the date of an emergency removal, a hearing should be set so the Court can decide whether or not DFPS should continue as Temporary Managing Conservator of a child. CPS will run background checks on these friends and relatives and will also do home visits and interviews with them. There is a difference between immediate danger (emergency) and a less urgent situation (non-emergency). Federal laws and regulations provide overarching standards and guidelines for child protection, child welfare, and adoption; but each State has its own laws and regulations for child welfare matters. Just because CPS suspects that a danger may exist, that is not enough to warrant his or her removal from your family. If the child does not want to be removed and fights back, then restraint may be used to get the child away from the parent. Tex. “I felt empty inside and filled the emptiness with drugs and broken relationships and failed to realize that I was emotionally neglecting my kids by doing so.”, The right to receive notice of court hearings, The right to an attorney, either appointed by the court or one that you hire, depending on your situation, The right to visit your child, unless specifically denied by the court, An explanation of the options available if that person wants to help take care of your child. FREE, Not for Sale:  The information and forms available on this website are free. Can I still make decisions about my child’s education and religious training? If a child is removed by CPS without a hearing, an emergency hearing must be held by a court on the “first working day” after removal, but no more than three days after removal (Texas Family Code (“TFC”) §262.106). If the removal happens over the weekend, you will get notice on Monday. So, when your child can’t live safely at home and there is no appropriate relative or family friend who is willing and able to care for your child, CPS will put your child in foster care. disproportionality in the child protective services system. Place of Removal: Removals can happen at school, daycare, or a hospital when you are not there. Removal is hard for almost any child. This article was written by Legal Aid of Northwest Texas and the CPS Family Helpline for Strong Families & Safe Children. Children in foster care often end up moving around a lot, which forces them to change schools, leave friends, and possibly move far away from family. The court must hold an emergency hearing on the first working day after the removal. Foster parents have to go through background checks, home visits, and training, but it is not possible to know for sure that all of them will be good foster parents. Common reasons for removal are suspicion of sexual abuse, neglect, parental drug use, physical abuse, and more. CPS must be able to show that an immediate danger exists and that without removal of the child, serious danger will occur to him or her. provides a comprehensive view of the child . What can I do if my child tells me she is scared or is being hurt at her foster home? Will I be notified beforehand if my child has to be moved to a different placement? This will only make getting your child returned to your care more difficult. Foster care is meant to be short-term until you convince CPS and the court that you are able and willing to keep your child safe or until some other permanent living arrangement is found for your child. However, you will not get your visit if CPS has some reason to believe that it would not be good or safe for your child. CPS must give parents information about the removal of their child by the next day, if the next day is a weekday. 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. 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. If you find yourself in a position like this where you believe that the agency may remove your child due to a finding of abuse or neglect made against you then you need to be aware of how that removal could actually occur. You might hear CPS workers use the phrase “fictive kin.” This means a person who is not related to you or your child by blood or marriage, but who knows your family well. Your child has the right to stay in his school, but if the foster home or relative’s home is far away, this might not be possible. “I wanted to feed my child but the drugs wouldn’t let me.”, – Parent Collaboration Group Parent Liaisons. If a parent does not agree with either a court ordering emergency temporary managing conservatorship of their child to DFPS or with DFPS’s request for temporary managing conservatorship in a non-emergency hearing, the parent may contest the emergency removal or request for removal and ask that a full hearing with evidence be conducted where DFPS must be able to show they can meet their legal burden to seek the removal of the child. CPS can only remove your child if you agree to the removal or if a judge signs an order giving CPS permission to remove your child. “We take this accusation extremely seriously, and the steps we took in this investigation have been scrutinized over the last 24 hours with a critical eye,” he said. Try telling her that she needs to live with someone else for a little while so you can have some time to work on being the best parent you can be. In most cases CPS should arrange for you to see your child within five days after CPS is granted temporary managing conservatorship. The CPS caseworker will also ask your child, if he is old enough, to provide names of relatives or family friends who might help take care of him. The data largely confirmed the findings in national child welfare research regarding disproportionality. Where will my child go? If CPS has evidence of physical violence or domestic violence within the home, that’s a clear indicator that the child may be in immediate danger. The removal can be from your home, the school, or wherever CPS may locate the child. Staying calm doesn’t mean that you are giving up your child for good. Typically, Texas Child Protective Services will obtain a court order to remove the child from home. TexasLawHelp.org All Rights Reserved. Kinship placements may also be used if CPS removes your child. Listen to your child’s concerns and help her to think up ways to feel better. CPS can only remove your child if you agree to the removal or if a judge signs an order giving CPS permission to remove your child. If … 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. This will be scary for both you and your child. If DFPS has not removed a child from a parent in an emergency situation, but is seeking that the court name DFPS Temporary Managing Conservator of a child, the initial hearing must be set within 30 days of DFPS filing their legal petition to start the case (see Texas Family Code chapter 262.201(b)). Foster parents are people who are approved by the state to care for children in their home. This is a complicated question and it depends on the facts of your case. Otherwise, a court order is required prior to removal. Austin, TX, August 8, 2019 — For the past month and a half, Ashley and Daniel Pardo have been trying to get their four-year-old son, Drake, returned home from Child Protective Services (CPS).. CPS removed Drake on June 20 based on concerns of medical child abuse, but did not disclose those allegations until after the removal despite the family’s request to know them. The Decision to Remove … Residential Treatment Center (RTC): RTCs are usually bigger than group homes and will take care of children with more serious medical, behavioral, and emotional needs. © 2001–2021. 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. Evidence in a contested non-emergency Temporary Managing Conservatorship request is similar to the evidence that would be presented in a contested emergency removal. But CPS’s right to remove is not unlimited. 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. Judge Michelle Moore of the 314th Juvenile Court granted the emergency removal request from CPS to take custody of the three children: An 8-year-old boy, a 3-year-old boy and a 9-month old girl. The way your child is removed will depend on how much danger CPS thinks she is in, the place where the removal happens, and how you behave during the removal. Any parent considering seeking a contested evidentiary hearing should talk to a lawyer before testifying. If a CPS worker asks you for names of people who could be “family placements” or “kinship placements,” it is OK to give information about close family friends as well as family members. A parent is not obligated to agree with the removal of their child and may want to consult an attorney before making this decision. Group Home: If no foster homes are available or if your child needs more structure or supervision than a foster home can provide, your child might be placed in a group home. Your visitation schedule may change over time. CPS workers try to keep brothers and sisters together, but it is not always possible. The Texas Family Code provides that the case must be finalized within 12 months from the date of removal. Foster Home: A foster home is a home with one or two parents who are paid by the state to take care of children whose own parents are involved with CPS. Unfortunately, some children remain in foster care until they turn 18, if no other safe and permanent living arrangements are available. All the more reason to do everything you can to help CPS to find a relative or kinship placement for your child, and in the end, regain custody. Within 30 days of the removal, CPS will give notice to the following adult relatives of the child (on both the mother’s and father’s side) letting them know that the child has been removed from the home and asking them to become involved: The notification to family will include the following information: Also, shortly after the removal takes place, your CPS caseworker will give you a document called a “Child Caregiver Resource Form.” There is a place for you to write down the names and contact information of any other relatives or family friends you think might take care of your children for you. How can I be sure my child will be safe in foster care? This is the preferred option in most cases, but if CPS cannot find any relative or friend that it deems to be appropriate caregiver, then CPS must place the child in a non-kinship setting. Whether all your children go to the same placement will depend on where space is available and on each child’s individual needs. 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. If a parent refuses to let a child be taken from her arms, force might be used against the parent to remove the child. 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. Regardless of the behavior of an expectant mother or potentially abusive partner, a child victim is required for all dispositions. Fam. If your child ever tells you that he is being hurt or neglected by a foster parent – or wherever he is living – you should immediately report it to your caseworker, your lawyer, your child’s lawyer, and your child’s GAL. How can I make sure that my child stays with someone I trust? DFPS can request that a court sign an order to remove a child from the parents in an ex parte hearing without the parents present. 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. If there is not a need to immediately move your child, your caseworker should talk with you about the plan to move your child and seek your input on the decision. 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. See page 45 for information on these other options. They often provide services like counseling and psychiatric care. These homes can have up to six, ten, or even more children living together. If DFPS obtains an order authorizing the emergency removal of a child, DFPS may remove the child from the parents after obtaining the order. Because of this, CPS is very cautious when choosing where a child can live and there are lots of things that could keep a relative or friend from being allowed to care for your child – even someone who is a close relative and spends time with your child. Children often have a lot of questions after they are removed. You can provide more names to the caseworker at any time. Sometimes a parent will consent to CPS taking custody of their child in order for the child to receive mental health services. A CPS caseworker can ask for a judge’s permission to remove your child. See page 79 to understand how to get a lawyer. You might also contact your family members in advance and tell them that they may be getting a call from CPS; this way they will be more likely to answer the phone and cooperate with CPS. The Texas Bar Foundation provided funding for website design. What will happen during the removal? What does my child need to take with him? 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. DFPS may have the hearing without the parents present, which is called an ex parte hearing. Notice that your child has been removed from your care will also be given to all of the people whose contact information is provided by you or your child. In these cases, you will not get to say “goodbye” because you will not know about the removal until after it happens. By using this website, you agree not to sell or make a profit in any way from any information or forms that you obtained through this website. Your Cooperation: If you have already been working with CPS, CPS may tell you about the removal in advance to give you time to prepare your child. Child Protective Services is all about protecting children from abuse and neglect. Because CPS believes the situation to be urgent, you probably will not have a chance to attend this hearing. If a court-appointed attorney has not yet been appointed for a parent before the 14-day hearing, a parent may also ask whether the court will appoint an attorney to represent the parent. CPS has to convince a judge that immediate removal is necessary to protect your child. The relative or friend must be able and willing to provide a safe living environment for your child. If a foster family or a kinship placement is not available right then, the CPS caseworker will need to find a place where your child can stay for a short period of time. Your caseworker may be able to offer good advice about ways you can help your child. If your child needs medical care or extra support, then she might go to a medical facility. In most circumstances, you will be notified before your child is moved; however, sometimes your child will need to be moved quickly. “We stand by the investigation and removal. They Took the Kids Last Night is the title and opening line of my just-published book (Praeger, October 31, 2018), drawn from over 30 years of helping families navigate a treacherous and error-prone Child Protective Services system (CPS).. CPS caseworkers continuously separate children from their parents at a monthly rate 300 times greater than the number of the separations at the … See “Who Counts as Fictive Kin” sidebar on page 54 for more information. If DFPS removes a child from a parent or legal guardian without a court order, DFPS must file a SAPCR, request that the court appoint an attorney ad litem for the child, and request an initial hearing no later than the next business day after the emergency removal. The first report, submitted to the Texas Legislature on January 2, 2006, did find disproportionality in Texas’ CPS system. 5121.2 Proof Required to Support an Order to Remove an Alleged Perpetrator From the Home. 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. Also, CPS wants to encourage and support family connections for both you and your child. And some foster homes are “therapeutic,” which means the foster parents have extra training to care for children with special medical, behavioral, emotional, or mental health needs. 2. For example, a criminal history (especially drugs, serious assaults, or crimes involving children), drug use, mental health concerns, or past CPS history often will keep a person from caring for your child. That is why if you know your child will be removed you should do your best to prepare her for it. To meet their legal burden to be named Temporary Managing Conservator of a child in a non-emergency situation, Legal Aid of Northwest Texas - Lubbock Office, CPS Family Helpline for Strong Families & Safe Children, Child Protective Services Article 1 of 7: Reporting Abuse or Neglect, Child Protective Services Article 2 of 7: Investigation Phase, Child Protective Services Article 3 of 7: Family Based Safety Services Phase, Child Protective Services Article 5 of 7: Conservatorship Phase, Child Protective Services Article 6 of 7: Final Hearing, Dismissal, Extension or Monitored Return, Child Protective Services Article 7 of 7: Termination of Parental Rights, there is a continuing danger to the physical health or safety of the child caused by an act or failure to act of the person entitled to possession of the child and continuation of the child in the home would be contrary to the child's welfare; and. 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