CPS Taking the Child After CPS Investigation
In our recent Wichita Falls Family Law Podcast, Attorney Richard Sutherland explained the key elements and purpose of Child Protective Services (CPS) in Texas and what to do when CPS calls. Use this link to listen to: What to Do When Child Protective Services Calls.
In this follow-up episode we learn what options CPS uses to remove the child from the home in an emergency with or without a court order. Attorney Sutherland also talks about the CPS adversary hearing, the service plan, the status hearing, permanency hearings and the final dismissal.
The Initial CPS Hearing
After CPS completes its investigation it may remove the child from the home if it is warranted. CPS can take possession of a child in an emergency with or without a court order based on the child’s health and safety.
CPS can also seek an emergency order from the court authorizing possession of the child if there is an immediate danger to the health of safety of the child. In certain circumstances CPS taking the child without a court order is allowed in an emergency, which Attorney Sutherland explains.
Learn about the CPS child removal and hearing sequence in this podcast. The first step is an initial hearing following CPS taking the child in an emergency without a court order.
There are limits on the reasons CPS can take a child into its possession including issues involving: homeschooling; economic disadvantage; parent charged with nonviolent misdemeanor (with two exceptions); parent charged with family violence; parent declined to have the child immunized; parent provided low THC cannabis to child to whom low THC cannabis was prescribed.
You may also be interested in our podcast, Children Adjusting to School.
Another popular recent post is, Why Do People Divorce After the Holidays?
For a list of several popular podcasts please see, Divorce and Family Law Explained by Richard Sutherland in Wichita Falls, Texas.
The Full Adversary CPS Hearing
Unless the child has already been to returned to the parent or person entitled to possession and the temporary order is dissolved, then a full adversary hearing must be held no later than the 14th day the child is taken into possession. Under some circumstances the deadline could be extended.
Questions before the court in a suit where there was an emergency removal:
- Is there a danger to the physical health and safety of the child;
- Is the child in danger of becoming a victim of trafficking;
- Where these the acts or failure to act of a person entitled to possession and would leaving the child in the home be contrary to the child’s welfare?
- Did the urgent need for protection require the immediate removal of the child?
- Were reasonable efforts made consistent with the circumstances and providing for the safety of the child, to eliminate or prevent the child’s removal?
CPS Suit Where the Child Was Not Taken into Possession by the Department
The court issues a temporary order to prevent continuing danger to the child with reasonable efforts to provide for the child’s safety, including taking the child from the custodial parent, non-custodial parent or relative, unless it is not in the child’s best interests.
The temporary orders date applies to next steps. CPS is appointed as a temporary managing conservator of the child. CPS prepares a service plan for the parents within 45 days of the temporary orders. The service plan explains what the parents must do to get their child back. The service plan can be amended at any time.
A status hearing comes next,within 60 days after the temporary orders, so the child’s status and service plan may be reviewed. Not later than 180 days there is a permanency hearing,subsequent permanency hearing no later than 120 days following.
The CPS suit dismissal occurs the first Monday after the first anniversary of the date the court renders the temporary order unless the court has commenced a trial on the merits.
- The purpose and idea behind the CPS process for taking the child, is to reunite the child with the custodial parent except where that would not be in the child’s best interest.
- The procedure and system of hearings and steps along the way is complicated and an experienced family law attorney should be retained to assist in a custodial parent being reunited with their child after CPS removal.
Richard T. Sutherland is an experienced Wichita Falls, Texas divorce and family law and child custody attorney. In a situation where CPS taking a child into custody is your concern, call us at (940) 691-2100 or contact us through our website.