Having the state take your child and assume custody can be both frustrating and terrifying.
Placing a child in substitute care is hard on families and may be traumatic to a child. That’s why the goal of the family law system is to make every effort to return a child to the parent’s custody if possible – and to do so as quickly as possible.
Hearings are required at various intervals so the family law court can make sure the agencies involved are working toward a permanent custody arrangement for a child. The status hearing is a legally required court review of the state’s custody plan for a child and the progress being made toward a permanent placement.
Child Custody Is Known as Conservatorship in Texas
A person who has court-ordered authority over a child in Texas is called a conservator. There are three primary types of conservatorships that define the rights of parents and others concerning the custody of a child.
- Sole Managing Conservator – One party has the exclusive right to make most decisions on behalf of a child, including residency.
- Joint Managing Conservators – Decision-making is shared between parties, but physical custody may not be shared.
- Possessory Conservator – One party has the right to spend time with the child but does not have any significant decision-making authority.
When Texas takes a child into state custody, it usually seeks a temporary managing conservatorship until the permanent conservatorship can be established.
Authority to Remove a Child From Parental Custody
The Texas Department of Family and Protective Services (DFPS) responds to reports of child abuse or neglect. Reports are investigated, and if the allegations are found to be true, Child Protective Services (CPS) initiates actions to place the children in a safe environment until they complete an investigation.
When lesser alternatives are deemed insufficient to adequately protect a child, the state may choose to remove the child from the home and assume temporary custody. Removal proceedings are initiated with a lawsuit and usually require a court order unless the child is in immediate danger.
The State May File a SAPCR
A suit affecting the parent-child relationship (SAPCR) requests that the state be granted authority to care for the child temporarily and may seek to terminate parental rights if the child cannot successfully be reunited with the family. A removal order is granted based on information presented in an affidavit from DFPS. Once removed from a parent’s home, a child will be placed in suitable temporary custody – often with a relative – until a permanent custody arrangement can be made.
Emergency Removal
DFPS has the authority to remove a child before obtaining a court order when the danger to the child is imminent. A hearing must be set within 14 days of the removal, and the state must be able to show the following to justify remaining the temporary managing conservator of the child:
- The physical health or safety of the child was in danger by remaining in the home
- The urgent need for protection required removal
- Reasonable efforts could not eliminate the need for removal
- There is a substantial risk of continuing danger if the child returns home
When a child is removed from the parents, courts will usually try to place the child with relatives or family friends if determined to be in the best interests of the child. Foster care is an option if placement with family or friends is not available or inappropriate.
The Status Hearing Is Where the Court Determines Legal Matters Regarding Conservatorship
Within 45 days of being appointed as a child’s temporary managing conservator, DFPS is required to file a service plan with the court that includes the goals for permanent custody of the child. This plan also specifies what the parents need to do to have the child returned to their custody if that is the plan.
The status hearing is usually scheduled within 60 days of the order appointing DFPS as a child’s temporary managing conservator. The purpose of the hearing is for the court to review the permanency goals DFPS has identified for the child. The state’s service plan will also include the actions parents need to take for the child to be returned.
If the permanency goal is to reunite the parents and the child, the court reviews the service plan to ensure adequate efforts are being made to allow the parents to provide a safe environment for the child. The court also ensures that the parents understand their responsibilities and know that if they fail to comply, parental rights may be limited or terminated.
Parental Rights During Status Hearings
Parents have the right to be notified of the status hearing, to express opinions regarding the service plan, and to be represented by counsel. Chapter 263 of the Texas Family Code gives parents the right to be notified of the status hearing at least 10 days before the scheduled date. Parents also have the right to present evidence and give testimony at the hearing.
If a parent attends the hearing without a lawyer, the court will advise the parent of the right to be represented by an attorney. A parent who cannot afford to hire an attorney can apply to have one appointed by the court.
How to Get Help Regaining Custody After CPS Takes Your Child
Being accused of child abuse or neglect and having your child taken by CPS is a very serious matter. Once the state gets involved, parents may feel helpless and at the mercy of a system that can make it difficult to reunite children and parents, even though reunification is the stated goal. Parents should not forget that they have significant rights in these situations, and a qualified CPS lawyer can make sure those rights are protected and enforced.
The Brazoria County child custody attorneys at Terry & Roberts advocate for the rights of parents who have been targeted by CPS and help to reunite families. The compassionate and dedicated lawyers at our firm know how much family matters. If you are a parent who’s had a run-in with CPS, contact Terry & Roberts as soon as possible.