Due process hearing for past closed CPS case

[gregoryrailroad]

Jurisdiction

Texas

Hello,
Around 5 to 6 years ago, we were accused of over medicating our third child (son). We were living in a west Texas town and our son was airlifted to Harris County and he was taken from us. Our other 3 children were made to live to with family for around 5-6 months and eventually returned. Our son was away for 1 year with few visits. He was eventually returned to us and case closed. We have lived worry free until now. My wife applied for a child care job locally and was told that it was taking a long time for a background check. The facility eventually quit calling or answering. My wife received a letter from CPS in Austin, TX stating that she was found to be "guilty" of child abuse and if she wanted, she could request a due process hearing. We did request and then received a letter that, due to the amount of requests, it would be a long time with no idea of when a hearing would be granted. Today, we received a court document, informing us of a court date and to supply documents and get an attorney, if wanted.
We have no idea how to even begin gathering documents and don't even know where to access them and cannot afford a lawyer. Please help.

 

[army judge]

Hello,
Around 5 to 6 years ago, we were accused of over medicating our third child (son). We were living in a west Texas town and our son was airlifted to Harris County and he was taken from us. Our other 3 children were made to live to with family for around 5-6 months and eventually returned. Our son was away for 1 year with few visits. He was eventually returned to us and case closed. We have lived worry free until now. My wife applied for a child care job locally and was told that it was taking a long time for a background check. The facility eventually quit calling or answering. My wife received a letter from CPS in Austin, TX stating that she was found to be "guilty" of child abuse and if she wanted, she could request a due process hearing. We did request and then received a letter that, due to the amount of requests, it would be a long time with no idea of when a hearing would be granted. Today, we received a court document, informing us of a court date and to supply documents and get an attorney, if wanted.
We have no idea how to even begin gathering documents and don't even know where to access them and cannot afford a lawyer. Please help.

You can request attorneys be appointed to represent the father's interests, the mother's interests. and the interests of all minor children.

If Child Protective Services files a case in against you in court and you cannot afford to pay for a lawyer yourself, then the court must provide you with a free court-appointed lawyer.

Keep in mind that you will have to prove that you are not able to pay for a lawyer before a lawyer will be appointed to your case.

Many people who are already receiving government benefits like food stamps or Medicaid are likely to qualify for a free court-appointed attorney.

If the court has not already appointed an attorney to represent you by the time you go to your first court hearing, you should ask for one there.

When you do, the court should reset your hearing to a later date to give you time to meet with your attorney and talk about your case.

This form is used in many Texas counties to prove you are qualified to receive a court appointed attorney. Read the link below, and print it out and complete it, or check to see if your county uses a similar form:

Request Rejected