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Intervention into Texas CPS Cases

In the dynamic landscape of child protection, Texas is at the forefront with groundbreaking changes. The introduction of new CPS laws in Texas marks a pivotal shift, promising to reshape the framework for intervention in child welfare cases. This article explores the intricacies of these changes, highlighting the impacts on families, social workers, and the legal system.

Intervention into Texas CPS Cases

Intervention into Texas CPS cases

In a CPS case originating in Texas, it takes some effort to intervene in a case. Today’s blog post from the Law Office of Bryan Fagan will cover the requirements for achieving standing sufficient to intervene in a CPS case. Additionally, we will discuss the necessary contents of any response you must file against someone attempting to intervene in your case. Lastly, given the unique nature of legal proceedings, CPS cases often come with extraordinary circumstances. We will explore the considerations you might need to make in these scenarios.

What Is Standing, and How Does It Impact a Cps Case?

If you aim to establish standing sufficient to intervene (become a party) in a CPS case and are not the child’s parent, there are two avenues available. First, you may establish standing to file your lawsuit independently of the original suit. Alternatively, you may intervene in an existing lawsuit, such as a CPS case that has already been filed.

To establish the standing needed to file an original family suit in Texas, you must either be the child’s parent or have been authorized as a guardian or representative of the child in a court-ordered proceeding. Alternatively, you must be an individual who has had actual care, control, and possession of the child for at least six months, ending no more than 90 days before the petition filing date.

Relevant Factors

For our purposes, we need to determine what actual care, control, and possession mean. Texas appellate courts have determined that when breaking down these elements that the following factors are relevant:

-that the child lived in your home on a consistent and frequent basis; living = stays there overnight

-financial support must have been extended to the child via food, shelter, clothing, medical and school-related expenses

-participating consistently in the educational rearing of the child; providing transportation to school, assistance with schoolwork, and the like are considered here

-feeding, clothing, and health care as mentioned above as a part of financial support

What Type of Standing Is Necessary for You to Request to Adopt a Child or Terminate Parental Rights?

You may be able to file an independent case to terminate a child’s parent’s parental rights and adopt that child under specific scenarios if you are the step-parent of that child; that is probably the most straightforward example that may file this type of lawsuit. Otherwise, you would have had to have the child placed with you for adoption purposes and then resided with that child for at least thirty days before filing the lawsuit. The vaguest circumstance that could provide you with sufficient standing to file this type of lawsuit would be when a court determines that you have had substantial past contact with this child enough to confer status.

New CPS Laws in Texas: What Are the Standing Requirements for Grandparents?

Intervention into Texas CPS Cases

A grandparent, uncle, aunt, or cousin of close relation to the child may file an original lawsuit requesting managing conservatorship of the child if there is proof that the order that you are requesting is necessary because the child’s present circumstances would significantly impair the child’s physical health or emotional development. On the other hand, if the child’s parents (both), surviving parent, or managing conservator of the child filed the petition or consented to the lawsuit, then you would also have the standing to proceed.

When it comes to proving significant impairment to a child’s physical health or emotional development, we are talking about showing that drug use or criminal convictions related to the child’s parents are in play. Physical and emotional abuse are also vital parts of this equation. Even showing that abuse occurred months before the filing of the lawsuit can meet the standing requirement. If there is a continued risk of harm, the abuse could have happened in the more distant past.

Circumstances such as failing to ensure consistent school attendance for their child and enrolling their child in tutoring or behavioral programs have sufficed to demonstrate the impairment of the child’s emotional development.

How to Achieve Standing Sufficient to Intervene in a Pending Lawsuit

You cannot file an original lawsuit requesting possessory conservatorship of a child if you are a grandparent to a child. Also, you may be able to gain standing to intervene in a pending lawsuit if you have had substantial past contact with the child. You must present proof to the court that appointing a parent as the sole managing conservator or both parents as joint managing conservators would significantly impair the child’s physical health or emotional development.

Based on the above paragraph, we must talk further about what counts as substantial past contact. Typically, significant past contact means more than seeing the child regularly. Routine care for the child, living nearby to the child, and spending a lot of time with the child and their family has sufficed for courts across the state of Texas. It seems like daily supervision over a lengthy period is the magic component for establishing standing in this regard. If you are a potential intervening party in a lawsuit, then you must be able to show that you assisted in the daily functions of custody for that child for at least two months.

Intervening Into a Cps Case as a Foster Parent to a Child

You can take two routes as a foster parent to intervene in a child’s CPS case. Firstly, you may file an original lawsuit as a foster parent, provided you can demonstrate that the child has been placed in your home for at least 12 months, ending no more than 90 days before the filing of your petition. You can also show that you have had substantial past contact with the child and can show proof that the appointment of a parent as a sole managing conservator or both parents as joint managing conservators would significantly impair that child’s physical health or emotional development.

Showing substantial past contact as a foster parent means having your children for four months at a minimum. There are multiple Texas appellate court cases that state various rulings on this subject, so I would recommend that you speak to an attorney about what you are likely to need to establish as a foster parent in your case.

Modifying the Parent-Child Relationship

When considering a significant shift in the parent-child relationship, particularly in claiming the exclusive right to decide where a child lives, it’s crucial to navigate the legal terrain with precision. Timeliness is key; ensure you initiate your lawsuit within a year of either the initial order’s issuance or the signing of a mediated or collaborative law settlement agreement.

Upon meeting this timeline, your next step involves a detailed affidavit accompanying your modification petition. This affidavit must articulate one of the following grounds:

  1. The current living situation might endanger the child’s physical health or substantially impair their emotional well-being.
  2. The individual currently authorized to set the child’s primary residence, who is also the petitioner or consents to the modification, believes the change serves the child’s best interests.
  3. The same individual has willingly given up primary care and custody of the child for at least six months, with the modification deemed in the child’s best interests.

Failing to present compelling evidence supporting your petition could lead to the court dismissing your request for a modification hearing. Conversely, a well-founded petition will prompt the court to schedule a hearing, notifying all relevant parties of the date and time. This is a critical juncture to advocate for what you believe is in the best interest of the child, guided by clear legal standards and procedural adherence.

What Other Considerations Do You Need to Be Mindful of When Intervening in a CPS Case?

Intervention into Texas CPS Cases

Texas courts have actively denied intervention petitions for being untimely if filed too close to the case dismissal deadline. Consider this example to explain this better. Say that you are a grandmother who has filed a petition to intervene in a CPS case involving your grandchild. If you were aware of the lawsuit from its onset and chose to wait until the case’s final stages to file your petition, a court might deny your intervention attempt based solely on timing.

If you knew about the ongoing lawsuit from the beginning and waited until the very end of the case to file an intervention petition, a court may very well deny your attempt to intervene on this basis alone.

Also, consider a scenario where you are a grandparent who is living outside of the state of Texas. You may have just found out about your grandchild’s CPS case a few months earlier. Despite the late discovery, any delay in filing your intervention case could lead to a judge dismissing your petition due to lack of sympathy for the delay. Do not wait until the last minute. CPS cases are long enough as it is. Judges do not want a child’s life to be in legal limbo for any longer than they have to be.

How Complicated the Case Is Can Impact Whether or Not You Can Intervene in the Case

An intervention lawsuit involving a child should not be tossed out if you could have brought the same suit in your name rather than in the intervention. Keep in mind that this is especially true if your intervention does not complicate the case’s issues, and the intervention is essential to protect your interests effectively. I have seen and read that this is true even if the intervening lawsuit has been filed only a few weeks before the trial date.

Final thoughts on intervening in a CPS case

If you are a family member of a child who is going through a CPS case, it is understandable that you may have many questions about what role you can play in that child’s case. You may have a legitimate concern for that child’s well-being, but if you do not know where to start finding answers to your questions, you will not be able to help that child at all.

That is why seeking appropriate legal assistance is crucial to your success. As you could tell by reading today’s blog post, many issues are related to a non-parent adult’s intervention in a CPS case. It is easier said than done to accomplish your goals with so many things to keep in mind.

For that reason, if you have questions about what you have read today, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys work on behalf of clients in CPS and family courts across southeast Texas and do so with a great deal of pride. A free-of-charge consultation with one of our attorneys is available to you and your family six days a week.

Going into a family law case, especially a CPS case, without representation means doing so without a clearly defined game plan. Even if you have goals for yourself, you must have a plan of attack to accomplish those goals. Our attorneys and staff have walked alongside thousands of our neighbors as they work to do what is best for their families and themselves. We would be honored to do the same for you.

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Other Articles you may be interested in:

  1. What to Do When CPS Asks for a Drug Test in Texas
  2. CPS and how The Law Office of Bryan Fagan, PLLC, can help
  3. Take control of your child’s CPS case by following these tips
  4. How to stand up for yourself during a Texas CPS case
  5. How to prevent a second CPS investigation after your first concludes
  6. Family Law Cases in Texas: The final stages of a CPS case
  7. When can CPS remove your child from your home in Texas, and what can you do about it?
  8. What to do if you no longer like your CPS service plan?
  9. In what circumstances could your child end up living with your relative during a CPS case?
  10. What can a CPS investigation into your family mean now and in the future?
  11. What to do if CPS is investigating your spouse in Texas for abuse or neglect of your child?
  12. Can CPS photograph your house and request your child’s medical records in Texas?

Law Office of Bryan Fagan, PLLC | Houston, Texas CPS Defense Lawyers

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding CPS, it’s essential to speak with one of our Houston, TX CPS defense Lawyers right away to protect your rights.

Our CPS defense lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles CPS defense cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.

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