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In the context of a Texas CPS case, you’ll come across several documents necessitating your signature. Among these are service plans, safety plans, temporary orders, and family-based safety services agreements. These papers hold significant importance and aren’t mere recommendations in navigating your family law case; they are obligatory steps towards meeting CPS case prerequisites, ultimately aiming for the reunification with your child. Particularly in family-based safety services cases, where your child stays at home, adhering to the outlined procedures is crucial for CPS to finalize their investigation.
Signing your name on the dotted line of any document makes you responsible for its contents. Stating that you did not understand something or read the document thoroughly does not defend your failure to live up to some aspect of those agreements. Instead, you will be accountable for the arrangements made previously, regardless of whether you understood every aspect of them.
Your actions in following the agreements and orders during your Child Protective Services case will largely determine whether your child will be reunited with you at the case’s conclusion. Keep in mind that the options available to a CPS court judge are relatively diverse in their impact on your relationship with your children in the future. You could have your parental rights terminated if you fail to follow through with any other requirements as contained in these agreements and orders. On the other hand, you may also have your parental rights and limited ability to spend time with your child supervised at least shortly.
Navigating CPS final stages: Understand, represented crucially
Successfully following the terms outlined in various service plans and safety plans increases the likelihood of your child returning home and your CPS case closing. Often it is not a matter of being willing to follow through with these orders. Still, it is more so understanding what your responsibilities are and understanding the requirements in full. Unless you have a great deal of experience in CPS cases, then it is unlikely that you will have a great deal of knowledge on how to proceed during a case.
With that in mind, paying close attention to the orders and agreements you’ve signed and having an experienced family law attorney represent you throughout your case is crucial. When you have proper legal representation, you will be able to take advantage of the resources available to you through CPS and put yourself in the best position possible to quickly finish your case and have your child returned to your home without issue.
Everything that we have discussed so far in this blog post leads to your case’s final stages. The outcome of a trial, the possibility of your child returning home, and whether you can avoid termite infestation of your front door largely depend on your ability to comprehend and adhere to the terms outlined in the documents you signed with Child Protective Services. That will be the subject matter of today’s blog posts. It is something that I believe is extremely important for you to understand as you head into the final stages of a CPS case.
What is the final hearing in connection with a Texas CPS case?
In advance of your CPS trial or final hearing, the court schedules the date and time. Generally, this hearing occurs within a year of your child’s removal from your home. If your child remains in monitoring or if the court doesn’t justify an extension due to exceptional circumstances, a trial must proceed within this one-year timeframe.
The purpose of that trial is to obtain a final order regarding the termination of your parental rights, conservatorships, and other issues related to your case. All parties involved, including the court, must sign the order, or the claim faces dismissal. During a final hearing, the CPS court judge will likely determine whether to return your child to you, initiate adoption proceedings, or terminate or restrict your parental rights. As emphasized earlier in this blog post, your compliance with the orders outlined in temporary orders during status hearings will influence whether your child is returned home to you.
What happens in a monitored return about your child?
Throughout the process, the judge in your case may determine that your child can safely return home and order supervised visitation. In this scenario, a new deadline of six months from the return order’s date will be set for your case to undergo a final hearing or trial. During supervised visitation, the Department of Family and Protective Services retains temporary custody of your child, while they reside with you. This means that your child can and will have decisions made for them by the state but that the state will allow your child to live with you during this time.
Supervised visitation: facilitating reintegration and coping skills
The primary aim of supervised visitation is to facilitate the readjustment process for both you and your child as you reunite and address any potential issues that could arise before your child returns home permanently. For instance, many of the problems in your home that led to your child’s removal may surround the stress you feel in raising them. While you have undoubtedly been intending counseling and therapy sessions, it is likely that you would have developed some coping mechanisms but will need time to learn how to adjust those coping mechanisms to live again with your child.
This monitored return stage is a perfect opportunity to practice the skills you have developed in therapy and utilize them in the real world. We should also not underestimate just how difficult it may be for your child to reintegrate into your household. I fully realize that your child may have only been out of your house for a few months, but that can be a long time for a child depending upon their age. While you may feel elated about your child’s return to your home, your child may have different emotions due to the circumstances that led to their initial departure.
Exploring monitored returns in CPS cases
Having honest discussions with your child and even involving your child in therapy or counseling with you can be an excellent advantage for you to have as apparent. I’ve worked with many parents who have gone out of their way to involve their children in their lives and take a more active role in parenting after temporarily returning their children. While there is no quick fix regarding custody and conservatorships issues, a CPS case’s monitored return aspect can be highly beneficial for both parents and children.
If a monitored return proves unsuccessful, your child may be removed from your home once again. A judge can expedite the process of a second removal during this stage. The second removal will undergo judicial review to assess its justification. If the court approves the removal, the judge will set a dismissal date, which aligns with the original case dismissal date. In the event of a second removal from your home, a final hearing or trial will likely be promptly scheduled to establish permanency in the case.
At what point can your parental rights be terminated in a Texas CPS case?
In reality, a Texas CPS court judge will look to termination of parental rights as a last recourse. This is because it is relatively difficult to overturn a trial court decision terminating appearance parental rights. Since there is little opportunity to revisit and address a wrongful CPS case involving the termination of parental rights, judges take a reasonable approach when making decisions regarding these outcomes.
The evidentiary standard for terminating your parental rights in a CPS case is high. Precisely, to remove your parental rights about your child, the judge would need to find by clearing convincing evidence that there is a ground for termination in place and that doing so would be in your child’s best interest. Keep in mind that, like in a criminal case, the burden of proof is not on you to prove that these two elements, or at least one of them, are not in place. Instead, if the Department of Family and Protective Services wants to move forward with terminating your parental rights, it must prove that both of these elements are in place.
The “clear and convincing evidence” standard requires the Department of Family and Protective Services to present the family court judge with evidence indicating little doubt and, at most, minimal evidence to the contrary when seeking parental rights termination. Contrary to this, a criminal case applies the “beyond a reasonable doubt” standard, which is a lower threshold than clear and convincing evidence. In contrast, a civil case employs the “preponderance of the evidence” standard, which requires demonstrating that it is more likely than not that one’s position is correct, making it easier to meet than the clear and convincing evidence standard.
What are the grounds by which CPS can terminate your parental rights?
The Texas family code lists over 20 different grounds for termination of a parent’s parental rights about their child. This is an exhaustive list as far as the state is concerned, and they must be able to prove one of these grounds to be able to have your parental rights terminated. Parental abandonment or non-cooperation with service and safety plans during a CPS case constitutes the primary grounds cited in Texas CPS cases for terminating parental rights. Moreover, if you have endangered your child, and clear, convincing evidence substantiates such endangerment, your parental rights may also face termination.
How does a court determine what is in the best interest of your child?
The second part of the question that a court would have to answer about whether or not to terminate your parental rights would be whether it is in your child’s best interest. If you’re familiar with our website’s blogs, you know that family law cases involving children universally apply the best interest of the child standard.
In determining the best interests of your child during a Department of Family and Protective Services (DFPS) case, the court considers various factors outlined in the Texas Family Code. These factors include the stability of your household, any harm experienced by your child due to the CPS case and its allegations, your child’s age and mental condition, their feelings about living in the home with you, psychiatric or developmental evaluations, history of abuse or substance abuse in the home, parenting skills demonstrated by your child’s family, and the availability of a supportive social network for your child. Each factor is weighed by the judge without any particular factor being deemed more important than the others.
Finally, when a court considers whether or not to terminate your parental rights, these factors will also be essential to consider:
- -the desires of your child
- -the emotional and physical needs of your child now and in the future
- -The emotional and physical danger to your child now and in the future
- -Your abilities as a parent and those of any other person seeking custody of your child
- -Any programs, therapies are counseling sessions available to help you and your family promote the best interests of your child
- -your plans for your child’s future in comparison to the goals of Child Protective Services
- -disability of your home or disability of the proposed permanent home for your child by CPS
- -any prior X or omissions made by you regarding parenting your child in addition to any excuses for those acts or omissions
Termination of parental rights: legal options and guidance
As evident, the termination of parental rights is a complex matter, understandably so, considering its gravity and the intricacies involved, requiring careful deliberation by a family court judge. With that said, you have options available to you as far as representation, either in hiring a private family law attorney to defend you in an innate parental rights termination case or in having a court appoint you with an attorney. Given the severity of love terminating your parental rights, a court will provide you with an attorney if you can prove that you cannot afford to hire a lawyer on your own.
If you learn that the agency is attempting to terminate your parental rights at any point during your CPS case, you should seek advice from experienced family law professionals. Keep in mind that the advice provided by an experienced family law attorney with the focus and CPS defense can be invaluable to your case. Imagine trying to climb Mount Everest with no help and no guides. Do you think you could manage to climb the 30,000-foot hunk of rock without someone there to help you? I doubt it a great deal. Consider the CPS case your personal Mount Everest and work to ensure that you have the appropriate guides to lean on for support along the way.
Conclusion
Managing a Texas CPS case requires interaction with numerous crucial documents that necessitate careful attention and adherence. From service plans to safety agreements, each document is a fundamental aspect of meeting CPS responsibilities and, ultimately, reuniting with your child. These documents aren’t discretionary; they’re indispensable strides toward fulfilling CPS mandates. Whether it involves delineating service objectives or guaranteeing your child’s safety, each agreement holds a pivotal role in resolving your CPS case. Recognizing the importance of these documents and complying with their provisions is essential for securing a positive outcome and the eventual reunification of your child with your family.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
if you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are an excellent way for you to learn more about the world of Texas family law and the services that can be provided to you as one of our clients. Thank you for your interest in this topic and our law practice, and we look forward to the opportunity of serving you and your family in the future.
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:
- How to Protect Your Children and Your Rights When CPS Is Called
- Can CPS remove your child without a court order in Texas?
- Fighting False CPS Reports
- How to stand up for yourself during a Texas CPS case
- How to prevent a second CPS investigation after your first concludes
- Family Law Cases in Texas: The final stages of a CPS case
- When can CPS remove your child from your home in Texas, and what can you do about it?
- What to do if you no longer like your CPS service plan?
- In what circumstances could your child end up living with your relative during a CPS case?
- What can a CPS investigation into your family mean now and in the future?
- What to do if CPS is investigating your spouse in Texas for abuse or neglect of your child?
- 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.
