custody and physical placement of children

I have a step-mother and sister-in-law that are always calling false allegations to CPS because theyhhave no other way to get custody of my kids. My step-mother does it to be vindictive and the sister-in-law wants them for the $$$ she can get for them. CPS has done a temporary placement with them (voluntary placement) in which has expired and I want my kids back. What do I need to do? CPS hasn't done anything (no calls or visits) since November 2013 and I want to be sure I can get my kids when I want to so I can puck them up asap! I can't find an attorney from legal aid to assist me. I need to known what I am able to do without legal repercussions.

DESPERATEMOTHER said:

I have a step-mother and sister-in-law that are always calling false allegations to CPS because theyhhave no other way to get custody of my kids. My step-mother does it to be vindictive and the sister-in-law wants them for the $$$ she can get for them. CPS has done a temporary placement with them (voluntary placement) in which has expired and I want my kids back. What do I need to do? CPS hasn't done anything (no calls or visits) since November 2013 and I want to be sure I can get my kids when I want to so I can puck them up asap! I can't find an attorney from legal aid to assist me. I need to known what I am able to do without legal repercussions.

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You really need an attorney.

We don't and can't give you legal advice.

That said, I suggest you contact the social worker, child services officer, or the person you spoke with at CPS.

If you don't know who that is, I suggest you visit their office, ask for a supervisor or manager and discuss your concerns with them

CPS can't just take any child for extended periods of time and place them so that someone uses the kids like debit cards.

CPS only removes children when it is necessary to protect them from abuse or neglect.

This happens when there are no reasonable efforts that will keep children safe in their homes.

With a court order, CPS can remove children when they are unsafe and the family is unable to make the changes needed to keep them safe.

Depending on what is going on with the family, CPS may get a court order to remove children or it may remove children before getting a court order.

If CPS removes your child from your care without a court order, the court will review the case the next working day.

In all cases, a judge will schedule a hearing within two weeks after CPS removes a child.

When CPS removes children it will ask the parents to complete a Child Caregiver Resource Form.

This form gives CPS the names of at least three people, including grandparents and other adult relatives, who might provide care, emotional support, or other support for the child while the parents receive services.


You need to first learn what this is all about, and then determine your options.

You have the right to consult with a lawyer at any point in the investigation at your own expense.

If CPS files a lawsuit regarding your children, you may ask the court for a lawyer to represent you.

The court may or may not be able to provide you with a lawyer based on court rules and your financial situation.

In some communities, Legal Aid may be available, or you can contact the local bar association or call Lawyer Referral Service at the State Bar of Texas (1-800-252-9690).

CPS employees are prohibited by law from giving legal advice.

Texas law requires CPS to keep the report and investigation confidential from the public, CPS will only give information to the people who were investigated, the victim's parents, law enforcement officials, courts, and county or district attorneys.

There is a very limited exception for certain details about a child death investigation, which must be released to the public, and CPS will share information with providers and others as necessary for services to be provided. For example, a therapist will need to know details of the abuse and neglect to provide counseling.

CPS will give relatives or other individuals with whom a child is placed any information necessary to ensure that they are prepared to meet the child's needs.

This may include information about any abuse or neglect.

Texas law does not allow CPS to give you the name of the person who reported the child abuse or neglect.


You can get, at your expense, a redacted copy (with identities removed) of your case record with investigation information concerning you unless:

Releasing the information would jeopardize an ongoing criminal investigation or the child's safety.
Or court proceedings are pending and CPS' lawyer determines you cannot have the information.

You can get the form to request a copy of your CPS record from your local CPS office.

The cost of the copy is determined by DFPS.

Somehow, some way, it appears you may have overlooked a court order or two or three or four, or more!

You need to know exactly what it is, and who its if you are fighting.

Finally, here are some links that you might find very useful, educate yourself:


http://www.dfps.state.tx.us/Child_Protection/About_Child_Protective_Services/parentguide.asp



http://www.dfps.state.tx.us/Adoption_and_Foster_Care/children_in_our_care.asp


https://www.dfps.state.tx.us/contact_us/


http://www.hhsc.state.tx.us/about_hhsc/contact/cps_hotline.shtml










The ombudsman:


http://www.hhs.state.tx.us/OMB/index.shtml

Hmmm. Something seems to be amiss here. CPS won't take the children without there being at least some proof of the allegations.

So what really happened?

Proserpina said:

Hmmm. Something seems to be amiss here. CPS won't take the children without there being at least some proof of the allegations.

So what really happened?

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Yes ma'am, I was wondering that, too.

It could be possible that OP doesn't (or didn't understand) the proces and things whizzed by her.

Let's hope we can learn a bit more.