Understanding how to find a child in CPS custody is crucial when Child Protective Services (CPS) becomes involved with your family. It’s evident that CPS reaching out isn’t for positive reasons. It suggests an issue concerning one of your children necessitating CPS intervention. If you’ve never encountered CPS before, there’s much for you and your family to understand about what a case with this state agency involves.
When your child is removed from your home, the situation becomes even more stressful for you. This occurs for various reasons. But ultimately, it happens when authorities determine that you’re unable to ensure your child’s safety from abuse or neglect. In certain instances, authorities may remove your child without prior court involvement. This can occur in the event that there is an emergency situation that does not allow for CPS to seek a court order prior to the removal. Most often, CPS will seek a court order, granting them permission to remove your child. A judge will typically authorize this action, providing legal backing for the removal process.
Where does your child go after being removed from your home?
In many cases, your child will be placed in foster care. If your child cannot be safe at your home (either in the eyes of CPS and a judge) then CPS has the option to place your child into foster care. An attorney ad litem will be assigned to your child to represent their interests in court. This may seem a bit unnatural to you but keep in mind that your child’s interests may not line up perfectly with your own. For that reason, the judge will be appointing a separate attorney to speak on your child’s best interests when in court.
The toughest part of this whole process is that your child will be moving out of your home. The home that your child will be moving into maybe with another member of your family (aunt, uncle, grandparent, adult sibling) or could be in a foster home with a family that you and your child do not know. In your child’s case, authorities will implement new routines and rules to ensure their safety and provide you with visitation opportunities.
What happens right after your child is removed from your home?
Once CPS removes your child from your home as part of a case, it’s normal to experience a range of emotions—nervousness, sadness, apprehension, and discouragement. Your child likely shares these feelings. Seeking counseling or therapy for yourself is advisable. Your church may offer support through recommended individuals like priests or pastors. Additionally, family therapists or counselors within your health insurance network can provide assistance. Feeling distressed when your child is removed from your care is natural, regardless of circumstances. Even if your actions endangered your child, your primary intent was likely not to cause harm.
Once your caseworker is assigned to you and schedules a court date (known as an Adversarial hearing), you’ll likely receive a visitation schedule enabling you to see your child. The main exception to this rule is that if CPS and the judge believe that you are a safety risk to your child or if the goal of your CPS is not to reunify your child and you in your home.
You should be honest with CPS about what your schedule allows for when it comes to visitation. Once your visitation schedule is created you will be expected to stick to that plan. So, if you have things in your life that will prevent you from being able to make a visit, do not agree to have a visitation session on a particular day. CPS will supervise these visitation sessions at the beginning of your case, making your behavior in each session crucial. Being absent at a scheduled time can be very bad for your case.
What rights do you and your child have while he or she is in foster care?
Your child has the right to be told why he or she in foster care. CPS will not exaggerate or make promises about when or if he or she will be able to return to your home, but an explanation of why he or she is in foster care can and will be provided to your child. CPS will share information on what their plan is for your child- whether that is reunification with you, living permanently with a family member or something different. Once you have a better idea about what is happening with the case it is important that you be able to communicate these goals to your child, as well.
CPS will strive to keep your children together in the same household. However, if one of your siblings was involved in the neglect or abuse that led to CPS intervention, your children will be placed separately in foster care to ensure their safety. The foster family will explain, when appropriate considering the child’s age, why they couldn’t stay with all their siblings.
Your child will retain the right to visit you during the CPS case. If authorities determine that visiting you isn’t in your child’s best interest, they may restrict visitation rights. The safety of your child remains the primary concern in all decisions made during the case. If you pose a risk to your child, visitation will not be permitted.
What sort of life will your child lead while in foster care?
Despite your child residing outside your home, both the foster family and CPS aim for them to maintain as normal a life as possible. Ideally, they’ll continue attending their current school; however, if that’s not feasible, they’ll enroll in a school closer to their foster home. They will give special attention to any educational needs, including special education courses or accommodations. Concerns about religious practices are common among parents. Rest assured, CPS endeavors to facilitate your child’s attendance at religious services while in foster care, addressing this aspect of their well-being.
Depending on the age of your child, CPS will do its best to allow him or her to experience activities, extracurricular events, sports, band, etc. that were a normal part of their daily life prior to the removal. If you have equipment, materials, or clothing that your child will need, it’s advisable to provide these items to the foster family either during the removal or as soon as possible afterward.
You can communicate with your child through phone calls, emails, letters, and other private means, as long as authorities determine it safe for your child. As far as other private matters, your child will also be provided with personal hygiene materials that allow him or her to maintain their health while he or she is living outside of your home.
Will your child be disciplined while in foster care?
This is an important question to ponder. I think we would all agree that children need discipline. Children who are living in atypical circumstances can sense when there is a vacuum in the normal state of discipline in their lives. Most children will use that vacuum and fill it with less than stellar behavior including some degree of disrespect.
While in CPS custody, your child should not experience physical discipline. However, if necessary, their foster family may discipline them appropriately. If your child’s foster family disciplines them, they will communicate the reasons behind the discipline to your child.
What information about the CPS case will be provided to your child while in foster care?
Your child will not come into contact with CPS on a daily basis, but he or she will be able to see their caseworker at least once a month in order to go over the status of their case. The caseworker should be providing your child with a copy of the plan that you are working on. That plan covers what needs your child has and what services are available to him or her in order to address those needs.
CPS will also inform your child about the efforts you are making to expedite their return home. Depending on their age, they may participate in devising a plan for services through CPS and in determining their permanent living arrangement once the CPS case concludes.
What happens when your child is high school-aged?
CPS informs children aged 14 and above about the services and programs available to them after the conclusion of their CPS case.
Children that are approaching the age of 18 will also be provided with information on programs that are available to help them find work and housing after aging out of the foster care system.
What are some commonly used terms when it comes to foster care and CPS cases?
If you are becoming involved in a CPS case where foster care is playing a role, then you need to be aware of what the main terminology associated with these type of cases.
We’ve previously addressed that a family foster home provides care for your child upon removal from your home. When a relative or an unrelated individual assumes the responsibility of raising your child during this time, it’s termed kinship care. Persons like grandparents, uncles, aunts, family friends and others close to you are the types of people that assist in this type of role.
In conclusion, knowing how to find a child in CPS custody is paramount when navigating the complexities of involvement with Child Protective Services. It underscores the gravity of the situation and the need for swift and informed action. By understanding the processes and procedures involved, families can better advocate for their children’s well-being and work towards resolving any underlying issues. Being proactive, seeking support, and staying informed are essential steps in effectively addressing CPS involvement and ensuring the best possible outcomes for everyone involved.
More information on foster care will be provided to you in tomorrow’s blog post
In tomorrow’s blog post we will detail additional information about foster care and CPS that I believe is important for you to know as you begin your case. Thank you for spending part of your day with us here on our blog.
In the meantime, if you have any questions about the material that we covered today please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys are available six days a week to schedule a consultation with you here in our office. These consultations are a great opportunity to meet with an experienced family law attorney and to be provided with answers to your most important questions.
Ebook
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “Child Protective Services E-Book”
Other Articles you may be interested in:
- Family Law Cases in Texas: Examining the steps in a Child Protective Services case
- Managing a Family Law case in Texas
- Texas Family Courts: Child Protective Services, Part Two
- How to present yourself and testify well in court during your divorce case, Part Two
- What to know about Child Protective Services
- Child Protective Services Investigation- What to expect and how to handle the situation
- Child Protective Services Investigation- What to expect and how to handle the situation, Part 2
- Child Protective Services Investigation- What to expect and how to handle the situation, Part 3
- 16 Steps to help you Plan and Prepare for your Texas Divorce
- How to present yourself and testify well in court during your divorce case
- Tips on giving in-court testimony in your divorce or child custody case
- Getting Ready for a Hearing On Temporary Custody Orders
- Geographic Restrictions in Child Visitation Orders in Texas
- The Dirty Trick of Moving Out of State with the Kids
- An Overview of the Texas Foster Care System
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
