WHAT ARE GROUNDS FOR CPS TO REMOVE A CHILD?
by
The Texas Department of Family and Protective Services (TDFPS) is tasked with monitoring the safety and welfare of children throughout the state and protecting parents’ rights. This often means investigating allegations of abuse and neglect within a home and working with parents to provide safe environments for their children. However, TDFPS employees are not infallible and TDFPS can go too far by unlawfully removing a child from a safe home. Earlier this year, Harris County District Court Judge John Schmude admonished and sanctioned child protective services (CPS) for needlessly removing a child from her father’s home after making incorrect assumptions and failing to investigate or confirm the claims. The TDFPS put both a child and her parent through a difficult and emotional battle to be reunited and have false accusations laid to rest.
As a parent, it is important you understand your Constitutional rights in regard to raising your children and privacy in your own home. If CPA has taken or is threatening to remove your children from your home, contact experienced Houston defense lawyer Ned Barnett at (713) 570-6770.
Grounds for CPS to Remove Children from their Homes
CPS should only remove children from their homes when it is absolutely necessary to protect them from abuse or neglect. Children can be removed from their homes in two ways: With a court order obtained by CPS prior to removal or with a court order obtained following an emergency removal. An emergency removal is not preferred and is only acceptable in certain circumstances. CPS can immediately take children from their families without a court order only if:
- There is a present and immediate threat of physical or sexual abuse.
- Leaving the children in the home is not safe or best for the children’s welfare.
- CPS made reasonable efforts to prevent or eliminate the need for removing the children from the home.
All Removals Must be Reviewed by the Courts
For a CPS emergency removal to be lawful, the organization must still obtain a court order. Any immediate emergency removal of a child without a court order must be reviewed by the court the next business day. If the emergency hearing cannot take place within three working days following the removal, CPS must return the child to his or her home.
It is the duty of CPS to provide sufficient proof that an emergency removal was necessary and that the child should remain in the state’s care. In order for the court to uphold the child’s removal, CPA must prove:
- There is a continuing danger at the home of physical or sexual abuse or there is evidence that the child has been sexually abused.
- It is contrary to the child’s welfare to be returned home.
- Reasonable efforts were made to prevent or eliminate removal.
If CPS cannot demonstrate the above factors because the parents have been falsely accused of abuse or neglect, the court will order the return of the child to the caregiver’s home. If the removal is upheld, another hearing will be scheduled within the next 14 days.
When a child is removed after CPS obtained a court order, a hearing must be scheduled within 14 days of the removal. At that time, parents can argue for the return of their children or the court will give temporary orders for the children to be placed in CPS care or under the care of a conservator.
What You Can Do If Your Child Was Unlawfully Removed From Your Home
If your children were taken by CPS after someone falsely accused you of abusing or neglecting them, your best course of action is to immediately call Houston defense lawyer Ned Barnett. You will either need to be ready for an emergency hearing within a day or two or prepare for an adversary hearing within 2 weeks. Barnett will aggressively represent your interests in court and will help you communicate with your caseworker. He will fight for your children to be returned to you as quickly as possible. In addition to cooperating with CPS and the family courts, he can request an administrative review of your situation.
