Different factors are involved when assessing what is your child’s best interest based on their age

Picture this: You’re on a rollercoaster, racing through twists and turns, heart pounding, and adrenaline surging. Now, imagine that rollercoaster is not made of steel and tracks but is the real-life rollercoaster of Texas Child Protective Services (CPS) cases. Sounds exhilarating, right? Well, in this blog post, we’re about to take you on a wild journey through the ups and downs of understanding final hearings in Texas CPS cases.

Short Answer: So, what’s the deal with Texas CPS cases? They’re a complex maze of legal battles, emotions, and crucial decisions that determine the future of families and children. But fret not, because we’re here to make this rollercoaster ride an enjoyable and enlightening one!

Now, grab your virtual ticket, and let’s dive into the thrilling world of Texas CPS cases. We promise you’ll want to keep reading to uncover the secrets, challenges, and triumphs that make up this heart-pounding ride!

Different factors are involved when assessing what is your child’s best interest based on their age

Buckle Up: Navigating the Wild Ride of Texas CPS Cases

From the date that your CPS case is filed, there is a one year limit on how long your case may last. This may seem like a long time to wait for a conclusion to your case when you first consider it. However, if you have been keeping up with our blog the past few days then you can attest to just how many steps are included in this process. You and the court have a lot of things to do before a permanent home can be determined for your child.

Final Hearings in Texas Child Protective Services Cases

The goal of a final hearing (trial) in a Child Protective Services case is to identify a permanent home for your child and to resolve any outstanding issues for the parties to your case. Once the Department of Family and Protective Services has been appointed as the temporary managing conservator of your child it is necessary for the case to be wrapped up within that year. Without a court order stating otherwise, the first Monday after the expiration of one year will see the case dismissed.

Are extensions ever granted in Child Protective Services cases?

The judge in your case will need to have determined that extraordinary circumstances are in play for your case to be extended past the one-year deadline. An extension of up to six months is possible. Keep in mind that this is a long time for your child to be out of your home and in the temporary care of the Department of Family Protective Services. Even if your child is staying with a relative or other person close to your family this is a very long time for your child’s fate to be up in the air.

If the judge keeps your case on their docket, the judge will render an order that will schedule the new date on which the case will be dismissed if a trial has not begun already. It is likely that additional temporary orders will be issued regarding the safety and welfare of your child. Odds are that your child’s circumstances will have changed in the almost one year that he or she has been in the custody of the Department.

 Are extensions ever granted in Child Protective Services cases

What happens if your Child Protective Services case is dismissed?

In most instances, a court will set a case for trial and then set the dismissal date for the case. In the event that an extension is granted by the judge in your case but a trial does not begin before the dismissal date then the court no longer has jurisdiction over you and your child. The lawsuit filed by the Department will be terminated and the case is dismissed without any further action needed from the court.

What does this mean for you and your child? In most situations, you and your child will wind up in the same positions that you were in before the lawsuit was filed. Keep in mind that just because the Department of Family and Protective Services can no longer bring a lawsuit does not mean that any other party to your case (an intervening grandparent, for example) cannot continue on with their own against you.

Likewise, the Department can file a new petition after its original lawsuit is dismissed. However, a current lawsuit cannot be based on factual circumstances that were apparently a year ago. The current situation in your home must be the source of evidence that is necessary to establish that there is a continuing danger posed to your child if he or she returns home with you.

You as the parent to your child must be appointed as the managing conservator of your child unless doing so can be shown to be harmful to the physical health or emotional development of your child. The bottom line is that even if you have multiple prior termination cases to your name, those cases cannot be used against you in your current case. If a trial is not commenced by the dismissal deadline and your case is dismissed, your current circumstances are relevant to whether or not your child can go home with you.

Your child can come home at any point in your case- with conditions

In some circumstances, the Department may allow your child to leave their temporary custody and return home to you. If this occurs, they would need to go before the judge and seek a court order that grants you this right. A monitored return home for your child may be the result of that hearing. The return cannot last more than 180 days, however.

What conditions must be in place for this monitored return home to be granted? A finding must be made by the judge that the court still retains jurisdiction over what is in the best interests of your child. Basically, this means that the court case will proceed until further order of that court. Once this is established, a court order will be rendered that mandates the return of your child to your home and out of the temporary care of the Department of Family and Protective Services.

Your child can come home at any point in your case- with conditions

What Happens If You Run From CPS In Texas Following this, a transition plan will be established for your child, and its implementation will be scheduled as determined by the Department and the Court. This transition will entail your child moving from the transitional housing they have resided in throughout the case back to your home. Concurrently, you will bear the responsibility of fulfilling any remaining requirements specified in your service plan.

Throughout this transitional period, the Department will retain its role as the temporary managing conservator of your child. This entails their oversight of your child’s return to your home to ensure that it remains a safe and suitable environment. In certain situations, you may find it necessary to request an extension of up to six months to address any outstanding components of your service plan.

What happens in the event that the monitored return of your child does not go well?

Before the time that your lawsuit is dismissed or a trial is begun it is determined by the Department that your child must be removed from your home, a new dismissal date will be determined by the court.

What will happen in the final hearing of your case?

In a Child Protective Services (CPS) case, Knowing your rights is crucial, especially when it comes to Signing Documents. During a final hearing (trial), the court has several options at its disposal. One option is to enter a final decree of conservatorship that returns your child to your home, effectively dismissing the Department from further involvement with your child and you. Another possibility is the entry of a final decree of conservatorship that grants permanent managing conservatorship over your child to a relative, which may or may not involve the termination of your parental rights. Alternatively, the court may opt to enter a final decree of conservatorship designating the Department as the permanent managing conservator of your child, a decision that could, in some circumstances, lead to the termination of your parental rights.

What does the Department have to prove in a final hearing?

The Department of Family and Protective Services must show that your parental rights should be terminated or that the Department should be appointed the managing conservator of your child. If yours is a termination lawsuit then the Department must convince a judge that there is a clear and convincing reason (evidence) related to at least one ground for termination and that termination of your parental rights is in the best interests of your child.

What are the grounds for parental rights termination in Texas?

To begin with, you need to be provided notice of a lawsuit that has been filed against you that seeks to terminate your parental rights. If you are not personally served in this type of lawsuit then any court that terminates your parent-child relationship may not appoint the Department of Family and Protective Services as the permanent managing conservator of your child. The two exceptions to this rule come into play when the Department can show that they have made a diligent effort to locate you and any relative of yours that was located by the Department has had a reasonable chance to request to be appointed as a managing conservator of your child.

The Termination of Parental Rights in Texas

Grounds for Termination


Abandonment of Child

Leaving a child alone or with another person for an extended period without returning or providing support.

Child Abuse or Neglect

Engaging in abusive or neglectful behavior towards the child, causing harm or endangerment.

Abandonment of Pregnant Mother

Abandoning the pregnant mother of the child, potentially leaving her without support or care during a critical time.

Criminal Convictions

Being convicted of certain serious crimes, such as capital murder, manslaughter, sexual assault, child pornography possession, or indecency with a child.

What are the grounds for parental rights termination in Texas?

Your parental rights in relation to your child can be terminated against your will

There are a number of circumstances that can act as the basis to have your parental rights related to your child terminated against your will. First of all, if you voluntarily (freely and without duress) left your child alone or in the possession of another person who is not the parent of your child and then expressed a desire not to return your parental rights can be terminated. This is especially true if you remained away from your child for at least three months and did not provide for the adequate support of your child while you were gone.

In addition to the foregoing, there are a few other circumstances that could lead to your parental rights being terminated. The majority of which revolve around abandoning your child, abusing your child, neglecting your child or abandoning the pregnant mother of your child. There are a host of crimes your being convicted for could also be the basis for termination of your parental rights. Capital murder, manslaughter, sexual assault, possession of child pornography and indecency with a child being foremost among them.

What grounds are not viable for basing a termination lawsuit on?

On the other hand, there are specific grounds that the Texas Family Code details cannot be the basis for a petition to terminate your parental rights. Your having homeschooling your child, you’re being economically disadvantaged, or declining to immunize your children for reasons related to conscience are three of the more frequently cited reasons.

When would the court determine that you are unable to care for your child?

The inability to care for your child is a reason that the court can specify in order to terminate your parental rights. The usual basis for this inability to care for your child stems from the diagnosis of a mental disability. The judge can order the termination of your parental right in a lawsuit filed by the Department of Family and Protective Services if the following conditions are met.

First, you would need to be determined to have a mental or emotional illness that renders you unable to provide for the physical, emotional and mental needs of your child. That illness will need to be found to be likely to continue to render you unable to care for your child’s need until the 18thbirthday of your child. Further, the Department musts have been named as the temporary or sole managing conservator of your child for at least six months before the date of the hearing on termination.

So long as the termination of your parental rights is shown to be in the best interests of your child, then they will be terminated. You will have the benefit of having an attorney ad litem appointed by the judge to represent your interests in a termination lawsuit of this kind.

Understanding Final Hearings in Texas CPS Cases

In the complex world of Child Protective Services (CPS) cases in Texas, final hearings play a pivotal role in determining the fate of children and families involved. This article aims to unravel the intricate web of final hearings in Texas CPS cases, shedding light on the various aspects that come into play during these crucial proceedings. So, fasten your seatbelts as we embark on this journey of understanding final hearings in Texas CPS cases.

Role of Attorneys

When it comes to CPS cases, attorneys are the unsung heroes who navigate the legal labyrinth on behalf of parents and advocate for the best interests of the child. They are the legal beacons who offer guidance, representation, and support to parents embroiled in CPS cases. Attorneys play a pivotal role in presenting their client’s case, ensuring due process, and fighting for reunification where appropriate.

Role of Attorneys

Counseling and Therapy

Counseling and therapy are not merely buzzwords in CPS cases; they are lifelines for parents and children alike. These services offer a pathway for parents to address the issues that led to CPS involvement and demonstrate their commitment to change. Compliance with therapy can significantly impact the case’s outcome, showing the court that parents are actively working towards creating a safe and nurturing environment for their children.

Foster Care

The Texas foster care system provides temporary shelter and care for children removed from their homes due to safety concerns. Foster parents step in as nurturing figures during this challenging period. Understanding the rights of foster parents and the process of reunification with biological parents is crucial for all parties involved.

Foster Care

Child’s Voice

In Texas CPS cases, the child’s voice carries weight. Courts consider the preferences and feelings of children, particularly older ones, when making decisions about their placement. Ensuring that children feel heard and understood is an integral part of the CPS process.

Kinship Care

Kinship care offers an alternative to traditional foster care. In kinship care, relatives step up to provide temporary custody to the child, often minimizing the trauma of separation from the family. Understanding the nuances of kinship care and how it differs from traditional foster care is vital.

Supervised Visitation

Supervised visitation is a structured process that allows parents to spend time with their children under the watchful eye of a professional. This arrangement ensures the child’s safety while allowing parents to maintain their bond during the CPS case.

Supervised Visitation

Parenting Classes

Parenting classes are a valuable resource for parents involved in CPS cases. These classes offer guidance on improving parenting skills, making it easier for parents to regain custody of their children.

Mediation and Alternative Dispute Resolution

In some instances, mediation or alternative dispute resolution methods can help resolve CPS cases outside of the courtroom. These processes can save time and resources while working towards solutions that benefit both parents and children.

Appeals Process

If a party disagrees with the court’s ruling in a CPS case, they have the option to pursue an appeal. Understanding the appeals process and the grounds for appeal is essential for anyone navigating the CPS system.

Resources for Parents

Parents facing CPS involvement often need support and resources to help them through this challenging time. There are various support groups, legal aid services, and community organizations that can assist parents in their journey to reunification.

Impact on Children

The impact of CPS involvement on children’s mental and emotional well-being can be profound. It’s crucial to address these potential long-term effects and discuss strategies for mitigating them to ensure children can thrive despite the challenges they face.

Impact on Children

Preventive Measures

Lastly, let’s explore preventive measures that parents can take to avoid CPS involvement altogether. Creating a safe and stable home environment is the best way to keep families intact and children out of the CPS system.

Understanding final hearings in Texas CPS cases is not just about legal proceedings; it’s about grasping the entire ecosystem in which these cases unfold. From the critical role of attorneys to the impact on children’s lives, each aspect contributes to the intricate tapestry of CPS cases. By delving into these topics, we hope to shed light on a complex system, making it more accessible and understandable for everyone involved.

Conclusion: Hold On, the Thrill Continues!

As we approach the end of our exhilarating ride through the world of Texas CPS cases, remember that every twist and turn has a purpose. Just like a rollercoaster, life can throw us for a loop sometimes, and CPS cases are no exception.

But here’s the best part: You now have a front-row seat to understanding these cases better than ever before. You’ve explored the role of attorneys, dived into counseling and therapy, and even peeked behind the curtains of foster care.

So, whether you’re a parent navigating these waters, a concerned friend, or simply a curious reader, the knowledge you’ve gained here is your golden ticket to a more informed perspective on Texas CPS cases. The ride might be wild, but with understanding and insight, you’re ready to take on any twist life throws your way.

So, what’s next? Keep your curiosity alive, share what you’ve learned, and stay tuned for more thrilling insights on life’s rollercoaster!

Book an appointment with Law Office of Bryan Fagan using SetMore


undefinedIf 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.”

  1. The role of the non offending parent in a Child Protective Services case
  2. Child Protective Services Final Hearing, Dismissal, Extension, or Monitored Return
  3. Child Protective Services Removal Phase
  4. Will Child Protective Services talk to children outside of the parent’s presence?
  5. Understanding the Role of Texas Child Protective Services in Custody Cases
  6. Handling a Child Protective Services case while addicted to drugs or alcohol
  7. Communicating with Child Protective Services employees during an investigation
  8. Status and Permanency Hearings in a Child Protective Services case
  9. How your interfering with a Child Protective Services investigation affects your case
  10. When Child Protective Services Inspects your home
  11. How to Prepare for a CPS Interview in Texas: A Comprehensive Step-By-Step Guide
  12. What are the 4 types of child neglect?
  13. Kinship placement in Texas: What it is and how your family could be impacted by it
  14. Status and Permanency Hearings in a Child Protective Services case

FAQs about CPS in Texas

Share this article



Related Articles

Legal Remedies: How Texas Addresses Cyber Bullying and Ensures Online Safety

The Evolution of Legislation: Tracing the Development of Texas Cyber Bullying Laws

Navigating the Divorce Spectrum: Understanding Contested vs Uncontested Divorce

Loopholes in Custody Agreements

Can a Spouse Throw Out My Belongings During a Divorce?

Does Texas Punish Open Marriages?

Contact Law Office of Bryan Fagan, PLLC Today!

At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

Office Hours

Mon-Fri: 8 AM – 6 PM Saturday: By Appointment Only

"(Required)" indicates required fields