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Understanding the crucial role of relatives in Texas CPS investigations is vital when facing the potential removal of your child from your care. Engaging supportive family members can significantly impact the outcome, as they can provide essential support, advocate for your family’s interests, and contribute to the reunification process advocated by CPS.
In today’s blog post from the Law Office of Bryan Fagan, I am going to share with you what I believe to be a well-thought-out impractical bit of planning for you as you prepare for a CPS case of your own. This does not mean that my plan and the ideas that I have will coincide perfectly with your circumstances. It does mean that the information I’m going to provide you with today should hopefully allow you to begin thinking about planning how you want to approach this CPS case.
The most difficult part of the CPS case is that you will never be the person who files the case, and the outcome of the case can be catastrophic in terms of your future relationship with your child. As I have done throughout the past few days on this blog, it bears repeating that the result of a CPS case could be that your parental rights are terminated.
Planning temporary care for your child
To avoid an outcome like that, you absolutely need to have a plan and be ready to execute that plan during the course of your case. No one will tell you that this is something that you want to do, but for the future of your relationship with your child, it is something that you must do. If your case gets to the point where Child Protective Services needs to remove your child from your home, then you have some decisions to make.
The first decision is regarding whether or not you have someone in your life who can step in as a caregiver for your child temporarily. What family members, friends, or people of nature do you have any support circle who would be willing to step up to the plate and house your children for 4 certain periods of time during your CPS case? Yeah, I’d say entities and information of these people can be made available to CPS outside of your case so that if your child is removed from your home, the agency will have these people available to turn to for assistance.
CPS decides where your child stays if removed, interviewing and checking the backgrounds of your nominees. Suitable candidates may host your child; in family-based safety services, your child can reside with them voluntarily while you improve home safety.
Choosing a temporary caregiver for your child
While you probably will not have much time to prepare for a CPS case, you can take the time to think about in advance people in your life who would be qualified to serve as a temporary caregiver for your child. The more people you can come up with and provide to CPS, the better your case will be. Not only will it give you peace of mind from having your child be able to stay with a relative rather than with a foster family during your case, but it will also improve the life of your children. Imagine your children going to stay with strangers during your case and how disheartening that could be for them. Now, imagine how much better they will feel if they can stay with a grandparent, uncle, aunt, or even a close family friend.
This is the reality of a CPS case. Many aspects of the case are beyond your control, including the steps in the process, the services you may need to complete, and the duration of the case. However, you do have concerns about where your children will live if they need to be removed from your home during the case. Do not take this responsibility lightly and instead focus on improving your children’s lives in both the short and long term.
What happens when CPS removes your child from your home?
The question of what happens when your child is removed from your home as the result of a CPS investigation is a question best asked long before the removal actually occurs. I say this because removal tends to happen very quickly, and once it gets going, you likely will have little say in the process. A CPS caseworker, or more likely multiple caseworkers, will arrive at your home with a court order and a police officer to supervise. You will have the opportunity to help your child pack quickly and then say goodbye. The caseworkers will take your child to a location, the details of which you may or may not be informed. This is the level of advanced warning that the law requires parents to begin in Texas.
So, with that said, you need to be sure that You know some details heading into the process, not so much for you to be able to stop what is ongoing because that is something I would not recommend. Once Child Protective Services has a court order in place, it would be foolish for you to try to intercede and prevent your child from being taken from your home. That does not mean that you should give up on your child or have your child returned home, but it should mean that you know when and when not to pick a battle that you can win. In this scenario, trying to intercede and even becoming aggressive with CPS or law enforcement will only make matters worse.
Contesting CPS temporary managing conservatorship in Texas
If the Department of Family and Protective Services did not believe that your child is in immediate danger, they would likely request through a suit affecting the parent-child relationship to be named as the temporary managing conservator of your child. Since your case would not then be an emergency matter, you would be provided with notice overhearing. You will have the opportunity to hire an attorney and present evidence showing why your child should not be removed from your home. However, at this stage, the court will likely not provide you with an attorney if you cannot afford to pay for one.
If you are planning on contesting the removal of your child, then your position would be that you disagree with the court order granting temporary managing conservatorship with the Department of Family and Protective Services. You can request a full hearing on the matter, where both sides can present evidence to support their case positions. It is a high burden for the Department of Family Protective Services to meet to justify removing a child from your home. If they fail to meet this burden, your child should be returned home to you. However, if they meet the burden, the state will assume temporary managing conservatorship of your child. The court will issue a temporary order allowing the state to make decisions for your child shortly thereafter.
What is the legal burden that the state of Texas has to meet to be named temporary managing conservator of your child?
As I mentioned earlier, the state of Texas must meet a substantial burden to be named the temporary managing conservator of your child. The first thing that a Child Protective Services court judge would look for is a danger to the physical health or safety caused by an act or failure to act on your part or any person entitled to possession of your child.
Additionally, the judge could base the removal of your child and placement in the temporary care of CPS on an urgent need for protection that required immediate action. The judge must also determine that reasonable efforts were made to avoid the removal. Finally, even after making those efforts, a substantial risk of continuing danger to your child must exist if they remain in your home. These definitions come directly from Section 262 of the Texas Family Code.
CPS employs groups of lawyers who will represent the interests of the state agency in court. The attorney represents the Department of Family Protective Services and presents evidence to support the request to be named the temporary managing conservator of your child. The types of evidence frequently presented in hearings are video and audio recordings, witness testimony, and documents. Similarly, your attorney may present evidence to argue against allowing the Department of Family and Protective Services to be named the temporary managing conservator of your child.
Role of relatives in CPS hearings
You may ask relatives to be present for the hearing to present testimony if called upon by a judge. Your attorney should speak to your relative ahead of time to prepare them for testimony and provide a preview of the type of questions that an attorney for CPS may ask them upon cross-examination. It would help if you were sure that this relative would provide unique testimony that is not duplicative of what you have already testified to, or what other evidence has already tended to show.
Conservatorship, in general, refers to the rights and duties that a person has in connection with another person. Typically we in the world of family law reference conservatorships with a parent’s conservatorship rights over their children. In other situations, an adult may have conservatorship rights over another adult who is either mentally or physically incapacitated and incapable of making decisions for themselves. CPS may request conservatorship of your child via a suit affecting the parent-child relationship. If a court were to grant the state conservatorship rights over your child, they would have the ability to determine where a child lives and where they go to school.
Could CPS request to have your parental rights terminated at this point?
When and if the Department of Family Protective Services requests to be named the temporary managing conservator of your child, they must do so through a petition. A petition is a legal document in which a party asks the court for a remedy 4 determination of some sort. In the case of your family and CPS, the agency would be petitioning the court to be named as a decision-maker for your child temporarily.
However, it could be that the state moves forward with asking to have your parental rights terminated outright. Terminating your parental rights means you will no longer have any decision-making authority regarding your child. Basically, you would hold no rights, dear child, moving forward just as I hold no rights to your child. Remember, just because CPS has requested the termination of your parental rights does not mean the court will grant it without first allowing you to defend yourself. Typically, if you participated in the CPS case and agree to make necessary changes in your life, then you will be able to maintain your parental rights and have your child returned home to you.
The role of an attorney ad litem in your CPS case
At the initial hearing after your child is removed from your home, the court will appoint an attorney ad litem to represent your child’s interests. Keep in mind that the court will deem that your interests do not always coincide with your child’s best interests. As a result, the court will seek to appoint an attorney to represent your child’s interests solely and communicate to the court what your child wants as far as reunification with you.
In Texas, a Guardian ad litem, often fulfilled by a court-appointed special advocate (CASA), plays a crucial role in representing your child’s interests. This individual may also serve as the attorney ad litem if a licensed attorney is not appointed. Approved by the court, they provide ongoing reports to the judge on your child’s welfare, beliefs, and best interests. The Guardian ad litem attends all hearings, reviews school and medical records, and can meet with your child privately as authorized by the court.
The role of relatives in Texas CPS investigations is pivotal. It’s essential to cultivate strong relationships with family members, not just for emotional and practical support within the case. Despite the discomfort of discussing private matters, these conversations can strengthen family bonds and support networks. Witnessing clients and their relatives trust and support each other during challenging times is truly heartening.
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