Legal Question in Family Law in Texas

cps took my kids from my home and placed them with their father. He lived with his sister and his nephew is a known sex offender. Cps knew this when they placed them there and a situation ended up happening to my 2 girls ages 8 and 9. The boy who did it was 15. I filed charges on the boy, and he has 2 other previous cases. Can I sue CPS for this?


Asked on 5/27/12, 10:18 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Generally, the CPS (there is no such thing as the "CPS" - the correct name is the Texas Department of Family and Protective Services) is immune from suit under the doctrine of sovereign immunity. The exception is when they violate some fundamental Constitutional right. They can then be sued under the Civil Rights Act.

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Answered on 5/28/12, 9:06 am


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