The Real Guide to CPS

Texas CPS

0 notes

Anonymous asked: If a child is an alleged victim but there is no one designated as the alleged perpetrator and the case is ruled out, will the investigation come up on a background check of the parents or the child considering all cases are documented in IMPACT?

That is an interesting question.  I have not come up against that issue, so I am not entirely sure whether the investigation would show up on background checks or not.  Let me clarify that I am only referring to specific checks for CPS history here.  I am sure there are certain types of background checks in the real world that have nothing to do with CPS and do not look for that information. 

My initial thinking would be to direct you to my May 25 post regarding removal of role information.  Even if the parents were not designated as perpetrators, I do not think it could hurt to send in an immediate request to remove all role information where the parents are concerned.  I have never heard of a case where there was not an alleged perpetrator, so the parents need to be very careful that they were not given that label.  

As far as the child is concerned, I do not think that the fact that the child was an alleged victim in a CPS case can or will be removed from CPS records.  Many times I have seen CPS run a parent though their system and it is revealed that the parent was an alleged or confirmed victim as a child.  

The best answer is that I am not sure, however the above might point you in the right direction.  Take a look at that old post, too. 

Best,

Christina M. Davis

www.SinclairLawTyler.com

0 notes

jircar asked: ok. so my 4 year old son has a spiral fracture to his right femur bone. Cps believes that the fracture was done as an act of abuse. I know otherwise. Cps already put a protective order in place to remove the father from the home. Today, cps came and removed all of my children from my home. My mother has joint custody of one of the children. CPS has not notified her or made any attempts to contact my mom. what can be done since Cps failed to contact my mother about removal of my child?

I would refer you to Section 2261.3 of the CPS Handbook, which specifies that legal guardians of children must be notified.  It sounds like your mother has conservatorship of your one child.  Technically and legally speaking, conservators are not legal guardians, so this may provide CPS with a loophole in the notice requirement.  Most likely, the CPS handbook is not using the legal notion of guardianship and probably intends the notice provision to apply to anyone having legal rights to a child.  

As for what you should do about the fact that CPS failed to contact your mother, take a look at the post prior to this one.  Perhaps making a report to the Office of Consumer Affairs would be appropriate. 

On a side note, I think your family has legal problems larger than CPS’ failure to notify your mother.  I recommend that you speak to a competent attorney in your area that regularly handles CPS cases.

Best,

Christina M. Davis

www.SinclairLawTyler.com

0 notes

Anonymous asked: I have been involved with cps 3 other times this is my fourth time, I have a worker that has called me and I have tried to cooperate and she recently signed an affadavit say otherwise, I can prove she has lied on it, how should I go about this issue.

First of all, you need legal representation.  I would recommend that you contact an attorney in your area who regularly handles CPS cases.

Secondly, I would direct you to CPS Handbook Section 2290 and the sections immediately following (generally) for information regarding disputes that arise during CPS investigations.  Here is what I know about reporting CPS conduct and disputing investigations/allegations, etc.:

1.  Office of the Ombudsman

     - Complaints about the conduct of CPS personnel.

     - Example:

             “He lied on the stand.”

             “He lied to the parent.”

             “She made a pass at my client.”

      - Complaint can be made by Telephone or in writing.

      - Contact information:

         - Address: HHSC Office of the Ombudsman, Mail Code H-700 PO Box 13247, Austin, TX 75711-3247

         - Telephone number: 1-877-787-8999

         - Fax number: 1-888-780-8099

         - You may submit a form online at http://www.hhsc.state.tx.us/index.shtml

              Go to “About HHSC” … Go to “Contact Us”… Click on the link under the heading “HHSC Ombudsman Office” that says “Online Submission Form”

2. Office of Consumer Affairs (CPS Handbook §2294)

     - Complaints that CPS failed to follow its own policies and procedures.  For example:

          - Failing to produce documents and letters in the appropriate amount to time.

          - Failing to property inform parents

          - Failing to protect confidentiality 

     - Complaint in writing

     - The Office of Consumer Affairs has only 3 days to initiate a review after the complaint is received and then another 3 days to send a letter acknowledging the complaint. 

     - The Office of Consumer Affairs has 30 days to complete their investigation into a complaint.

     - Contact Information

            - Address: DFPS Office of Consumer Affairs, Mail Code Y-496 PO Box 149030, Austin, TX 78714-9030

            - Telephone number: 1-800-720-7777  8am – 5pm, Monday – Friday

            - Fax: (512) 339-5892

            - E-mail: oca@dfps.state.tx.us

3. Internal Administrative Reviews  after a finding  (these folks work for CPS but not locally)

      - Complaint that the finding is inaccurate or faulty based on the evidence (not the conduct of CPS personnel).

      - Must be requested no later 45 days after the date on the finding letter

      - Additional documents/information can be submitted.

      - Informal Hearing

4. State Office of Administrative Hearings (SOAH)

     - This is an independent State agency

     - This is a formal hearing before an Administrative Law Judge

     - Findings can be reversed


I hope that helps.


Best,


Christina M. Davis

www.SinclairLawTyler.com

0 notes

Anonymous asked: I am the foster parent of two children. They have been in my home for a year. Cps was moving to termination of the mom's rights and me adopting them as part of the permanency plan, however, as of last month they have now gone back to reunification. The mother hasn't worked her plan, she's not on her medication, and Cps is now wanting an extension. Can Cps just change the plan when we're almost done? Do I as a foster parent have the right to seek legal help?

The answer to your first question is, unfortunately, yes, CPS can change their goal at will.  I would point you to CPS Handbook provision 6211.1 that explains the statutory requirement of concurrent planning.  In short, this means that you were one of at least two plans CPS had for the children and they were working on both plans at the same time. 

The answer to your second question is also yes.  You should definitely seek the advice of a competent family law attorney in your area that regularly works with CPS.  You may have rights and, therefore, legal options available to you.  

Best,

Christina

www.SinclairLawTyler.com

0 notes

Anonymous asked: My boyfriend and his son were reunified recently by cps. If my boyfiend and I get married will it affect his case with cps? He was told by the caseworker that is still under cps for another 6 months. Please answer.

Without knowing the details of his CPS case, I cannot give you a definite answer.  It would likely depend on your character, criminal history, criminal behavior, CPS history, drug use, alcohol use, etc.  I would recommend that you speak with a competent attorney in your area to advise your boyfriend of the legal impact of your marriage.

Best,
Christina

www.SinclairLawTyler.com

0 notes

Anonymous asked: I have just been notified that there is an investigation going on into my family by CPS and they already interviewed two of my children at school but have asked me to bring the other two (the oldest and toddler) to their office since they havent been able to interview the oldest because she was at the doctors on the day they interviewed the other two. They say they just want to make sure they are ok but from what I have read they scheme alot. Can the forcefully make me jump through the hoops?

I would direct you to my November 9, 2010, blog entitled “Must CPS Ask Permission Before Interviewing Your Child.”  The short answer is that you absolutely have the right to deny CPS access to your children, but CPS has options available to them if you chose to exercise that right. 

If your family is involved in a CPS investigation or case, I would really recommend that you seek competent legal advice from an attorney who regularly handles CPS cases. 

Best,

Christina

www.SinclairLawTyler.com

0 notes

Anonymous asked: i am needing some guidance or suggestions for my son's daughter. they have joint custody. he has weekends and half of the summer. he has reliable souces that the mother is using drugs and leaving the daughter with anybody she can. if cps is called will his daughter go in the system or will he be able to get her right away while the investigation is going on?

I wish I could definitively answer your question.  There are many factors that come into play when CPS is deciding where to place a child during an investigation and without more information about your son, I cannot say whether or not he would be considered for placement. 

I would recommend that your son meet with an attorney that regularly handles CPS cases to discuss what his options are.  He may have other legal options that an attorney could explore with him.

Best,

Christina

www.SinclairLawTyler.com

0 notes

Anonymous asked: What happens when a case is closed, but the perpetrator is designated "reason to believe?"

There are many things that can and do happen at the end of a CPS case.  You will have to clarify your question a little bit in order for me to point you toward a specific CPS Handbook provision.  Do you want to know what the “reason to believe” designation means for the perpetrator?  What that designation means for the victim?  I’m happy to point you in the right direction after you clarify your question. 

Best,

Christina

www.SinclairLawTyler.com

0 notes

Anonymous asked: i got separated from my mom when i was six years old. two years later i found out CPS took my three little sisters away from my mom. Can me and my brother be with them? they live in Tyler Texas. My dad is willing to adopt the three of them.

In some situations, siblings may have a right of access to one another.  If you are under the age of 18, I would recommend that your father contact an attorney in Tyler to discuss what rights you and your brother may have, as well as what rights he may have, if any.

Best,

Christina

www.Sinclairlawtyler.com

0 notes

Anonymous asked: Once cps terminates parental rights, can that ever be reversed?

It really depends on how your rights were terminated.  If there is any possibility of reversal, there is a very short window of time you have to attempt that.  I would recommend that you meet with an attorney in your area as soon as possible to discuss your options, if any. 

Best,

Christina

www.Sinclairlawtyler.com