Legal Question in Family Law in Texas

Child Placed Out of State by MC

Nov 2000

MC places child (14) in a Therapetic Boarding Facility out of state. No court order; did not

notify PC; violated the Interstate Compact on Placement of Children.

Dec

-Court hearing- contempt.

-MC convinces judge that rushed placement was necessary.

-Judge ruled child would remain. Lost visitation to be made up.

June

-Facility orders child to Boot Camp; denies 8-day home visit for ''therapeutic'' reasons.

-PC discovers neither facility is licensed; in violation of protective regs. Files complaint with ORS.

-PC learns that MC lied on 3 counts in Dec hearing. Facility's staff member had supported 1 lie.

-PC requests that facility remove the child from the unlicensed boot camp. Request denied;

told program did not require licensure; child's MC wanted him to remain.

What legal action can a PC take at this point to have child removed from an unlicensed facility? What is necessary to ensure temporary custody pending modification?


Asked on 8/10/01, 4:41 pm

1 Answer from Attorneys
Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: Child Placed Out of State by MC

I would strongly suggest that you contact a good attorney in your area who practices family law. This requires professional help as the facts, according to your statements, require good strategic and tactical legal thinking. This is particularly so since the MC basically prevailed in the first hearing.

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Answered on 8/13/01, 8:57 am


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