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Texas is at the forefront of child protection with groundbreaking reforms in CPS cases. Recent changes in CPS laws transform how child welfare cases are handled, enhancing interventions and improving outcomes. This article explores the complexities of these reforms, highlighting their impact on families, social workers, and the broader legal system. By understanding these changes, stakeholders can better navigate the evolving landscape of child welfare in Texas.
Intervention in 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 can intervene in an existing lawsuit, like a CPS case that has already been filed.
To file an original family suit in Texas, you must be the child’s parent or have received authorization as a guardian or representative 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, 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?
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 near 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 can file an original lawsuit as a foster parent if you can demonstrate that the child has lived in your home for at least 12 months, with the placement ending no more than 90 days before filing 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:
- The current living situation might endanger the child’s physical health or substantially impair their emotional well-being.
- 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.
- 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?
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 a 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
The court should not dismiss an intervention lawsuit involving a child simply because you could have filed the same suit in your name instead of as an 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’re a family member involved in a CPS case, it’s natural to have questions about your role in the child’s welfare. However, without knowing where to find answers, you may struggle to assist the child effectively. Seeking legal assistance is vital for navigating the complexities of non-parent adult intervention in CPS cases, as highlighted in today’s blog post. With numerous considerations at play, achieving your objectives can be challenging without professional guidance.
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.
In conclusion, the new CPS laws in Texas mark a transformative shift in child protection, with significant consequences for all those involved in CPS cases. These reforms are set to reshape the approach to child welfare interventions, affecting families, social workers, and the legal system. As Texas leads the way, the potential for improved outcomes in safeguarding children’s well-being and supporting families is becoming more tangible. As these changes unfold, it is crucial for all stakeholders in CPS cases to remain vigilant and adaptable, ensuring that the reforms’ goals are achieved and that the best interests of children are always prioritized in decision-making processes.
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:
- Facing a CPS Case in Texas and Confused About How Visitation Works? Read This Blog Post
- Representation for Parents in a Texas CPS case
- Child Neglect in Texas: Preparing for a CPS Case
- How to stand up for yourself during a Texas CPS case
- How to prevent a second CPS investigation after your first concludes
- 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.
