Legal Question in Family Law in Texas

Child placement dealing with Texas Child Protective Service

In May of this year my neice was placed in the Texas Child Protective Service due to allagations of sexual abuse by her step-father. the child is now fifteen years old. Since then the CPS had done a study of my home for placement with me. In Sept. her adoptive father had told her that if she were placed in my custody, she would not be able to see him nor speek to him. She attempted suacide and was placed into a mental instution. Since then I have attended meetings with CPS and it was decided that on the placement hearing she would be placed into my care. This week my neice was told that she would be comming to my home on Monday for the hearing on Tuse. at 4:30 p.m. today CPS called my home and stated that they were going to recomend to the judge that she should remain at the mental instution for an unspecified amount of time. I am a law enforcemnt officer and a nurse who has experiance in working with MHMR pat. I feel that my neice has gone through enough and needs a safe and permant enviroment. what do I need to do to fight this recomendation to protect my neice's cival rights and to allow her to be able to come to my home where she can start to live a normal life?


Asked on 11/13/99, 2:15 am

1 Answer from Attorneys
Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: Child placement dealing with Texas Child Protective Service

I'm a little unclear on the child's nuclear family situation, but to answer your question, there are two ways to go. First, you can contact the caseworker and try to convince CPS to change their minds - be a pest, ask to see the supervisor, get ahold of the attorney for the state who is handling the matter, try to break the logjam. The other way to go is to intervene in the case and force a hearing. When the state has custody of a child, there must be "review" hearings periodically - if memory serves, they must occur every 60 (or maybe it's 90) days. Or you could file a motion for temporary orders with the court to get a quicker hearing. Intervening, even if you do not have a hearing, should get their attention, anyway. Good luck.

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Answered on 11/16/99, 7:29 pm


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