Legal Question in Family Law in Texas

What are the laws in Texas regarding immunizations? I was reported by an ER doctor to CPS for not having my daughter's immunizations up to date. He failed to examine my daughter and just came into the exam room to harass me as to why her shots were not up to date. By the time we were released from there, he had already filed the report to CPS for "medical negligence" but failed to look up my daughter's records before doing so. Two days later, a CPS investigator show up at my home to question me and asks me questions that have nothing to do with the accusation, such as "who raised me" and if I ever saw violence in my home growing up. I asked her what I was being investigated for and, she said for medical negligence because of the immunizations alone. So, after being interrogated, she stepped out and said that she was going to contact her supervisor in regards to the case and would return with a decision. I told her that I had already scheduled an appointment for both my children to get their shots updated for the following day. She later returned and stated that her supervisor stated that they were going to continue with the investigation and were going to request medical records for the children. I said ok and she left. Upon taking my children to the doctor'a office for the immunizations, I was told by the staff that my son was current and that my daughter lacked one shot. She was given the one shot and was told that what probably happened was that they did not have this one shot when I had initially taken her and this was why she lacked only one shot. Three exact weeks have gone by and have not been contacted by CPS but was told by both neighbors that CPS had questioned them in regards to my parenting. My husband was also never contacted or questioned and he lives in our home. He lives here but is employees 300 miles away. He comes home every other weekend. So, today I get a call from the CPS worker telling me the decision on my case and was expecting to hear that I had been cleared of this allegation. She then proceeded to inform me that they were finding me to be MEDICALLY NEGLIGENT for both my children. I asked her if she was able to get the medical records and she said yes. I informed her that how could they conclude such a decision if my so was to date with his immunizations and my daughter was lacking ONE. She then told me that she could talk to her supervisor to see if she could change her decision and would call me back. Twenty minutes later, she calls me back and tells me that they were now changing the outcome on my son to "rule out" and that the medical negligence ruling had to stay for my daughter, regardless of one missing shot. She then said that she was going to refer me to family services and was going to come over tomorrow so that I can sign the document stating that I would comply with the immunizations (which I already had) and agree to the "assessment" and the counseling/classes they were sending me to. I asked her what were my rights in regards to this and she stated that I could volunteer to comply or that she could get a court order so that I would, basically that I had no rights. Is this wrong? Should I sign the document? Help!!!!


Asked on 10/28/14, 10:56 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

It's impossible to address all of your concerns on this free website. Since CPS is now involved, I highly recommend that you hire an attorney immediately. Find the money. Look on this website and on www.avvo.com for help.

You did not include your zip code so I cannot tell if you live in the Houston area. If so, on my blog page I list several attorneys that I've seen in action in the courtroom on CPS cases. They are who I would call for advice if CPS was at my door.

Good luck!

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Answered on 10/29/14, 9:02 am


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