Legal Question in Family Law in Texas

Gaurdian of Grand Daughter (CPS)

My Grand Daughter Kayla turned 17 on May 24, 2008. She is a Senior in High School, taking Nova Net classes so she can Graduate this semester. She was placed in my home 2 years ago by CPS, and should remain with me until she is 18. She has ''TOLD'' me that as soon as she has her credits that will allow her to graduate, that she intends to move out. She ''TOLD'' me that there is nothing that I can do to stop her. If I report her as a run away, she will call CPS on my Husband and myself and claim we are not complying with their agreement. She will cause me as much problems as she can, so I should not try to stop her. The is a pending case with her , the DA and her biologicial father...

What are my options in this situation. It is manatory that I report her as a run a way when she leaves? I am a very reponsible Citizen and do not break the Law. I am trying to determine what course of action I need to take to protect myself. I have contacted CPS. They have told me that is she leaves, do not bother to call them. They would not open a new case. It should be handled throught the LAW, or that we should come to an agreement. I do not forsee that happening. She wants to go and I do not agree.


Asked on 10/27/08, 2:13 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Gaurdian of Grand Daughter (CPS)

As you are realizing, your options are limited. At 17, she is no longer reportable as a runaway, only as a missing person. Once the police determine that she is voluntarily 'missing', then the case is closed.

You have some issues, however, with CPS. If CPS is the managing conservator, and she leaves your home, make sure that you notify them in writing CMRRR, and copy the court's file, as well as any other parties to the case. If she is court-ordered in your possession, then the family court has the power to pick her up, if you file the proper enforcement. It may be moot, however, if she turns 18 before there is a final hearing.

I do not know what you mean by a case with the DA and her dad, and so cannot comment on what effect that could have.

Considering her age and her determination to leave, you may prefer to sit down and try to calmly compromise the situation. Including emancipation options to protect you from civil liability.

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Answered on 10/29/08, 4:08 pm


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