If CPS is involved with your child in Texas, understand that they could remove your child from your home and place them in foster care. I state this bluntly because it reflects the reality of the situation. This does not mean your child will never return home, but it does mean you must work to bring them back. Learn about the Texas foster care system in this blog post.
Your work includes learning about the CPS process and the people and institutions involved. The foster care system will play a significant role in your case if they remove your child from your home.
What rights does your child have about the foster care system?
Your child may give permission and consent to their own medical treatment in some cases, as long as doing so is allowed by his or her health care provider. Many times this means that your child can undergo counseling or sexual, physical, or other trauma without your permission or that of their foster family.
If your child is over the age of 16, they can ask the judge to make some or all of their medical decisions for themselves. Your child would likely need to ask their attorney ad litem to help him or her further this goal.
If your daughter is pregnant and not married, she can agree to medical procedures associated with the pregnancy- other than abortion. Once a child is born, your daughter has the right to consent to medical treatment for her child just as any other mother would be able to.
What sort of information is your child able to obtain about their CPS case?
Many parents are interested in learning what sort of information their child will have access to regarding the CPS investigation. With so much going on around him or her, they probably have questions about what is happening. Once you have a contact for visitation, you can share a great deal of information about their case with him or her. What other sources of information available to your child during a case?
Your child can contact and speak privately to their caseworker, attorney ad litem, or Court Appointed Special Advocate (CASA). These folks are duty-bound to consider what is in your child’s best interests and provide information that will help your child better understand their rights and the CPS case overall.
Your child will also be provided with an opportunity to attend hearings and even speak to the judge in their case. Depending on your child’s age, those interactions can involve where your child is living, and he or she would like to see happen regarding reunification with you in your home.
How is it possible for your child to live a normal life while in the custody of CPS?
The idea of foster care is not to insulate your child from the rest of the world and your family. The idea of foster care is to keep your child safe when your home environment is determined not to be suitable for that purpose. CPS would like your child to maintain friendships and relationships with family members while in the CPS case. Ideally, CPS would like you and your child to maintain and strengthen your relationships with one another.
If your child is placed into foster care, then your child can work with their foster family to go out and do things socially with friends or family. For the most part, this is between your child and their foster family.
CPS will not be doing background checks on your child’s friends before a sleepover visit occurs. For the most part, the closer your child gets to their foster family, the better off they will be regarding having an active life outside of foster care.
Planning for life after the CPS case
You, your child,d and CPS will be working together to plan for a permanent solution to your child’s housing situation. Most of the time, that plan will involve your child returning to your home. It involves your child living permanently with a foster family or a relative of yours in other scenarios. Planning for this reality begins when they remove your child from your home and place them with a foster family.
CPS must have a goal in mind regarding a permanent place for you to live after their case. If their goal does not involve a return to your home, they must include a transition plan for your child to be able to transition into living outside of your home permanently. These plans specify all the steps necessary to keep your child safe.
What are the possible goals of a CPS case? The most common goal is returning your child to your home. Other goals could include a relative adopting your child if they terminate your parental rights or placing your child in the permanent care of a relative. A document known as the Family Service and Child Service Plan will contain these recommendations and goals.
What is a family service plan?
The Family Service Plan in a Texas CPS case is an agreement between CPS, your child’s foster family, the judge, and you.
These groups will decide what changes or goals need to be made in your life to have you returned home permanently. A plan will be provided that will allow you to know what you have to do to meet these goals and the support structure that is available to you for assistance.
What is a child service plan?
The child service plan is a plan that will allow your child to receive the care that he or she needs while outside of your home. This plan outlines your needs and the CPS services that will ensure you receive the care you need. The child service plan will cover things like your child’s health, education, experience with religion, and other important aspects of their life.
As I mentioned a moment ago, a child service plan’s typical goal will be to place your child back in your home with you permanently. If circumstances do not allow a return home, other options will be considered. If your child is in high school, the service plan will include information to help your child transition into adulthood.
What does CPS expect from your child while in foster care?
Your child plays a role in their relationship with their foster family and CPS. Obviously, more will be expected from an older child than from a very young one. Bearing these limitations in mind, we can discuss some of those expectations and responsibilities.
Your child has a role in developing a game plan with their caseworker that will lead them to a permanent place to live. This means your child must speak up for themselves and communicate their concerns. Your child may express concerns and points of interest that no one else can communicate.
CPS will work with your child to schedule visitation sessions with you. If your child wants certain limitations or protections for their safety during a visitation session, they can communicate that to their caseworker. Some children may prefer a more public setting for the visitation sessions. Other times, children may prefer a private meeting with you. While your child won’t determine all aspects of these visitation sessions, CPS will seek their input.
What is expected of your child’s foster care family during the CPS case?
Your child’s foster family will be stepping into your shoes for a period of time and ensuring that your child is safe. The foster family will provide clothing, food, and shelter. If you have special clothes, toys, or other items that belong to your child, then those can be provided to your child’s foster family at the beginning of the CPS case.
The foster family has a responsibility to ensure that your child can communicate with you at the prescribed times and locations outlined in your court orders. They must allow your child to call you on the phone if the court orders permit it.
The foster family teaches your child the essentials to get through life and succeed in school. This matches what the court expects from you when your child lives in your home. The foster parents take your child to school events, doctor appointments, and other activities.
Certain elements of your child’s service plan require their foster family’s assistance. As a result, CPS ensures that your child’s foster family understands the service plan requirements and how to achieve its objectives.
What is expected of your child’s CPS caseworker during the CPS case?
Your child’s caseworker with CPS is obligated to see your child regularly and engage with him or her in conversation. These interactions will need to occur on the phone at least one time per month. Phone calls between your child and their caseworker will likely occur with much greater frequency. To assist in this endeavor, the CPS caseworker will provide you and your child with their contact information.
The caseworker will also be responsible for keeping your child up to date with the next courtroom hearing in their case. Your child will be able to attend most any hearing with the judge, and CPS will provide that information to your child and their foster family so that your child may attend.
As far as you are concerned, the CPS caseworker will also work with your child to facilitate visitation sessions between you and your child. Your child can request to visit with not only you but with other persons as well. Obviously, the caseworker will be beholden to the court orders as ruled on by the judge in your case.
Interested in learning how your child could live temporarily with a relative during your CPS case? Please read our blog tomorrow to find out more about this subject.
We hope that the information that we have shared with you today has been helpful to you. If you have any questions about the material that we have written about, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys can schedule a free of charge consultation with you six days a week. These consultations are a great opportunity for you to ask questions and receive direct feedback about your case.
Our attorneys and staff take a great deal of pride in serving clients in the family courts of southeast Texas. To find out more about the services that we offer, please contact us today.
Other Articles you may be interested in:
- What to Do When CPS Asks for a Drug Test in Texas
- CPS and how The Law Office of Bryan Fagan, PLLC can help
- Take control of your child’s CPS case by following these tips
- 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 your spouse is being investigated by CPS in Texas for abuse or neglect of your child?
- Can CPS photograph your house and request your child’s medical records in Texas?
- 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.
