Legal Question in Family Law in Texas

What if police & CPS are wrong

I seen pictures of my stepchildren in a yard filled with trash. So I called the police to preform a welfare check. He called back and said the house was immaculate. however I visited them at their house in tx and saw that obviously he was lying. The place was filthy. I called CPS and they stated they had no concerns. If I return there and find out that they lied, what can I do about it?


Asked on 4/27/01, 10:26 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: What if police & CPS are wrong

You do not provide all the details I need in order to fully answer this question. If you want to discuss your problem in detail, I offer a free consultation at 713-847-6000. Be sure to mention you are calling from my response on lawguru.com.

As a step-parent your options are very limited. What does the parent of the children say regarding your concerns? The child's parent usually has the right to talk to the child's doctor and school teachers, counselor, principal, etc. to discuss his/her concerns.

I hope that it reassures you that 2 agencies have investigated your claims and found them to be groundless. As I see it, you have had 2 independent and reliable agencies investigate your claims and both have told you that there is no foundation to your claims of neglect and/or abuse. Perhaps things are not perfect, but neither agency has felt that the children are in danger.

One problem you have is -- what is "filth"?

Each person would interpret "filth" to mean something different.

If the neglect included bruises or broken bones it would be much easier to establish. The agencies usually do not act unless they see an immediate danger to the child.

The police and CPS have many, many calls each day regarding abused or neglected children. Many are from family members that just want to cause problems with the other parent.

Please be advised that if the child is being abused that the child's doctor and/or school teacher is required to report such abuse to CPS.

Perhaps you can talk to their doctor and/or teachers for some re-assurance.

Best of luck to you.

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Answered on 6/20/01, 1:30 am


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