Parental Rights Appeal Impact

Summary

In Texas, if only one parent appeals a termination of parental rights, the appeal typically does not affect the other parent unless they also file an appeal. Each parents case is treated separately. If the court vacates and dismisses the underlying cause, it resets the legal status to before the original decision. CPS must make reasonable efforts to keep a child in the home before removal, such as offering services or support. If these efforts are not made, it may be grounds to contest the removal. For parolees, CPS is generally required to inform parole officers of any violations. To find a parole officer, contact the Texas Department of Criminal Justice Parole Division.

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it specifically states, "Adam's father's ("Father") rights were also terminated, but he did not file a notice of appeal.

Under Texas law, if the Court of Appeals vacates and dismisses the underlying cause based on the mother's appeal, it typically affects both parents if their cases are linked. However, because Adam's father did not file an appeal, it may complicate his reinstatement. Consulting with a family law attorney is advisable to clarify his specific rights and options.

coa for hays county texas says that parents are to be treated seperately and must file seperate appeals, so that the issues for that parent are addressed

In Texas, if the Court of Appeals states that parents must file separate appeals, then the father's rights remain terminated because he did not file an appeal. The mother's successful appeal does not automatically apply to his case.
Considering the complexity, it would be wise for the father to consult a family law attorney to explore any remaining legal options.

coa ordered to vacate and dismiss the underlying proceeding, exactly what does that mean and can the case be transferred and consolidated into a new case hays county texas

The order to vacate and dismiss the underlying proceeding means that the previous court's decision is nullified and the case is dismissed. This resets the legal status to before the original decision.
For transferring and consolidating the case into a new one in Hays County, you may need to file a new petition or motion, and it’s best to consult with a family law attorney for specific guidance on this process.
Do you need more details on how to proceed with filing a new case?

can a cps case sit dormant for *+ months with no hearings hays county texas

In Texas, Child Protective Services (CPS) cases should be reviewed regularly, and prolonged inactivity can be a concern. If a CPS case has been dormant for over three months without hearings, it may warrant attention.
- Request a Status Hearing: You can request a status hearing to get updates and push for progress.
- Consult an Attorney: It’s advisable to consult a family law attorney to understand your options and rights better.
Would you like more information on how to request a status hearing?

if i notify my cps caseworker prior to having repairs done on my car and that I won't have transportation, then she texts me to go drug test knowing I don't have transportation and I can't get there, can she use that against me

Yes, the CPS caseworker can potentially use your failure to take the drug test against you, even if you notified them about your lack of transportation. It's crucial to document all communications and try to arrange alternate transportation if possible.
Would you like more information on how to address this situation with CPS?

yes

If you notify your CPS caseworker about your lack of transportation and they still schedule a drug test, it’s important to document everything. Here are some steps to address this:
- Document Communication: Keep records of all texts and notifications.
- Alternative Transportation: Try to arrange another mode of transport if possible.
- Notify CPS: Inform CPS immediately if you can’t find transportation.
Would you like more detailed steps on how to file a formal complaint with CPS?

yes

Here are detailed steps on how to file a formal complaint with CPS in Texas:
- Document Everything: Keep detailed records of all your communications with CPS, including texts, emails, and notes from phone calls.
- Identify the Issue: Clearly describe the issue you are experiencing, including dates, times, and any evidence you have.
- Contact CPS Supervisor: Reach out to your caseworker's supervisor to discuss the issue. Sometimes issues can be resolved at this level.
- File a Complaint: If the issue is not resolved, you can file a formal complaint with the Texas Department of Family and Protective Services (DFPS).
- Online: Visit the Texas DFPS website and fill out the complaint form.
- Phone: Call the Texas Abuse Hotline at *-*-*-* to report your complaint.
- Mail: Send a written complaint to the Office of Consumer Affairs, Texas Department of Family and Protective Services.
Would you like more information on how to contact the CPS supervisor or details on the Texas DFPS complaint process?

if a drug test result is positive and i inform(ed) caseworker that I take prescriptions and over-the-counter meds, isn't she suppose to make note of it in my file and wouldn't the result be considered a "false positive"

In Texas, CPS caseworkers should document any prescription or over-the-counter medications that could affect drug test results. A "false positive" can be contested if you provide proof of your prescriptions.
Do you have documentation of your prescriptions and have you provided them to your caseworker?

yes, even sent pics of all the otc meds

Given that you have already provided documentation of your prescriptions and over-the-counter meds:
- Ensure that you keep copies of all the documentation and communications.
- Request that your caseworker officially note your medications in your file.
- If needed, you can ask for a retest or a review of the test results by a medical professional.
Would you like detailed steps on how to request a retest or escalate the issue further?

yes

Here are the detailed steps to request a retest or escalate the issue further:
- Request a Retest: Contact your caseworker and formally request a retest, explaining the situation and providing your documentation again.
- Medical Review: Ask if a medical review of the test results can be conducted, considering your prescribed and over-the-counter medications.
- Supervisor Contact: If your caseworker is unresponsive, reach out to their supervisor to escalate your request.
- Formal Complaint: If the issue remains unresolved, follow the steps to file a formal complaint with the Texas Department of Family and Protective Services (DFPS).
Would you like more information on contacting the caseworker's supervisor or the DFPS complaint process?

if the court has ordered the exact same orders for me and the father, child has been removed and visits are to be supervised at the DFPS office, no contact with school, doctor, placement, etc. then why is the child placed in the same household as father

It seems like there's a discrepancy in how the court orders are being applied. The child should not be placed with either parent if both have the same restrictions.
Have you discussed this inconsistency with your caseworker or reached out to your attorney to address this issue?

how is it that there was no investigation of the allegations which I proved in court that they were false and * weeks later the attorney ad litem visits my child at school and he tells him he doesn't want to talk to him and is removed from his home * hours later can the attorney ad litem do that and what about my child's rights and why have i still not been notified of the * times someone went to my son's school and interviewed him

In Texas, an attorney ad litem (AAL) has the authority to make decisions in the best interest of the child, including removing the child if they believe it is necessary for their safety. However, your child's rights include being informed and represented appropriately.
- Attorney ad litem authority: Can act in the child's best interest, even removing them if necessary.
- Notification: Parents should be notified about interviews and actions taken regarding their child.
Have you spoken to your caseworker or an attorney about not being notified of these interviews and the sudden removal of your child?

yes but no one has answers for me

It seems you are dealing with a complex CPS and family law situation. Here’s what you can do:
- Consult Another Attorney: Sometimes, seeking a second opinion can provide new insights.
- File a Complaint: If you feel your rights are being ignored, file a complaint with the Texas Department of Family and Protective Services (DFPS).
- Document Everything: Ensure all interactions and communications are well-documented.
Would you like detailed steps on how to file a complaint with the Texas DFPS?

draft a communication log noting date time when and how contacted

Here is the communication log for your legal issue:
---
Communication Log:
- Date & Time: [Insert Date], [Insert Time]
- Contact Method: Chat
Questions & Answers:
*. Question: I am FreeLawChat and I provide legal assistance to help you with your legal issue. May I have your name please?
Answer: both parents' rights are terminated and only the mother files an appeal, coa makes a footnote that father did not file an appeal, and coa only addresses mother and her appeal and gives order to vacate and dismiss the underlying cause, does mother's appeal apply to the father and are his rights still terminated hays county texas
*. Question: To clarify, did the Court of Appeals specifically mention in the footnote that the father's appeal was not considered because he did not file one? This detail could be important in determining if his rights are still terminated.
Answer: it specifically states, "Adam's father's ("Father") rights were also terminated, but he did not file a notice of appeal.
*. Information Provided: Under Texas law, if the Court of Appeals vacates and dismisses the underlying cause based on the mother's appeal, ittypically affects both parents if their cases are linked. However, because Adam's father did not file an appeal, it may complicate his reinstatement. Consulting with a family law attorney is advisable to clarify his specific rights and options.
*. Question: coa for hays county texas says that parents are to be treated separately and must file separate appeals, so that the issues for that parent are addressed.
Answer: In Texas, if the Court of Appeals states that parents must file separate appeals, then the father's rights remain terminated because he did not file an appeal. The mother's successful appeal does not automatically apply to his case. Considering the complexity, it would be wise for the father to consult a family law attorney to explore any remaining legal options.
*. Question: coa ordered to vacate and dismiss the underlying proceeding, exactly what does that mean and can the case be transferred and consolidated into a new case hays county texas
Answer: The order to vacate and dismiss the underlying proceeding means that the previous court's decision is nullified and the case is dismissed. This resets the legal status to before the original decision. For transferring and consolidating the case into a new one in Hays County, you may need to file a new petition or motion

what are considered all reasonable efforts for cps to keep child in the home

In Texas, Child Protective Services (CPS) must make "reasonable efforts" to keep a child in their home before removing them. These efforts might include:
- Offering family services like counseling or parenting classes.
- Providing financial assistance or housing support.
- Arranging in-home support services.
- Facilitating family meetings and creating a safety plan.
Is there a specific situation related to these efforts you need help with?

yes, none of that was done, no one has ever been to our home or even interviewed me prior to removing my son

In Texas, CPS must make reasonable efforts to prevent the removal of a child from their home. These can include:
- Counseling or parenting classes
- Financial assistance or housing support
- In-home support services
- Family meetings and safety plans
If none of these efforts were made, you may have grounds to contest the removal.
Would you like more information on how to challenge CPS actions in your case?

yes

Case Rating: *
If CPS did not make reasonable efforts to prevent the removal of your child, you might have strong grounds to challenge their actions. Here are steps you can take:
- Document Everything: Record all interactions and lack of support provided.
- Consult an Attorney: Seek legal advice to challenge CPS actions.
- File a Complaint: Submit a formal complaint with Texas DFPS.
Would you like guidance on how to file a complaint or contact an attorney?

how can i find a good pro bono family attorney austin tx

Finding a good pro bono family attorney in Austin, TX can be crucial for your case. Here are some options:
- Texas RioGrande Legal Aid: Offers free legal services.
- Volunteer Legal Services of Central Texas: Provides pro bono legal assistance.
- Texas Legal Services Center: Offers various legal aid programs.
Would you like more details on how to contact these organizations?

yes

Here are some details on how to contact these organizations for pro bono family legal assistance in Austin, TX:

Texas RioGrande Legal Aid

Phone: (*) *-*
Website: www.trla.org

Volunteer Legal Services of Central Texas

Phone: (*) *-*
Website: www.vlsoct.org

Texas Legal Services Center

Phone: (*) *-*
Website: www.tlsc.org
Would you like more information on how to approach these organizations?

yes

Sure, here are some tips on how to approach these organizations for pro bono family legal assistance:
- Prepare Your Case: Gather all relevant documents and evidence related to your situation.
- Explain Clearly: Clearly describe your legal issue and the assistance you need.
- Be Persistent: Follow up regularly if you don't receive an immediate response.
Would you like more detailed steps on preparing your case or any other assistance?

yes

For detailed steps on preparing your case:
- Gather Documents: Collect all relevant documents (court orders, communications with CPS, medical records, etc.).
- Organize Evidence: Arrange your evidence chronologically for clarity.
- Write a Summary: Prepare a brief summary of your case, highlighting key points and concerns.
- Contact Organizations: Reach out to the pro bono organizations listed earlier with your prepared materials.
Would you like more information on any specific preparation steps?

is there some kind of guideline i can use or example

Certainly! Here's a guideline example on how to prepare your case for approaching pro bono legal organizations:
---

Preparation Guideline:
*. Gather Documents:
- Court Orders
- Communications with CPS
- Medical Records
- Any relevant emails, texts, or letters
*. Organize Evidence:
- Create a timeline of events
- Categorize documents by type (e.g., court orders, medical records)
*. Write a Summary:
- Briefly describe your case, including:
- Key events and dates
- Issues faced (e.g., lack of reasonable efforts by CPS)
- Desired outcome
*. Contact Organizations:
- Use the contact details provided
- Explain your situation clearly
- Follow up if you do not get an immediate response
Would you like more specific examples or help with any particular part of this preparation?

yes

Here's a more specific example to help you prepare your case:

Preparation Example:

*. Gather Documents:
- Court Orders:
- Termination of Rights (Mother and Father)
- Appeals Decision
- Communications with CPS:
- Emails/Text Messages
- Caseworker Reports
- Medical Records:
- Prescription Details
- Drug Test Results
- Other Relevant Documents:
- Witness Statements
- Photos of OTC Medications

*. Organize Evidence:
- Timeline of Events:
- Date: January *, * – Rights Terminated
- Date: February *, * – Mother's Appeal Filed
- Date: March *, * – Court of Appeals Decision
- Date: April *, * – Drug Test Notification
- Date: April *, * – Drug Test Result
- Date: April *, * – Child Removed

*. Write a Summary:
- Summary of Case:
- Key Events:
- Both parents' rights were terminated without reasonableefforts by CPS to keep the child in the home.
- Mother filed an appeal, which was successful, but the father's rights remain terminated as he did not appeal.
- Despite providing documentation of prescription and OTC medications, a drug test result was used against the mother.
- The child was removed from the home without prior investigation or reasonable efforts to prevent removal.
- Issues Faced:
- Lack of CPS intervention and support to keep the child in the home.
- Inconsistent application of court orders.
- Drug test results not considering provided medication documentation.
- Lack of notification regarding interviews and removal of the child.
- Desired Outcome:
- Reinstatement of parental rights.
- Proper investigation and reasonable efforts by CPS.
- Review and correction of drug test results.
- Clear communication and adherence to legal procedures by CPS.

*. Contact Organizations:
- Texas RioGrande Legal Aid:
- Phone: (*) *-*
- Website: www.trla.org
- Volunteer Legal Services of Central Texas:
- Phone: (*) *-*
- Website: www.vlsoct.org
- **Texas Legal Services

write example of petition for writ of mandamus for cps case hays county texas

Here's an example of a petition for a writ of mandamus for a CPS case in Hays County, Texas:
---
IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS
IN RE: [Your Name], Relator
Original Proceeding from Cause No. [Case Number] in the 22nd District Court of Hays County, Texas
PETITION FOR WRIT OF MANDAMUS
TO THE HONORABLE COURT OF APPEALS:
[Your Name], Relator, files this Petition for Writ of Mandamus and respectfully shows the Court the following:
INTRODUCTION
*. This Petition arises from a CPS case in which the rights of both parents, including the Relator, were terminated without reasonable efforts to prevent the removal of the child from the home.
PARTIES
*. Relator: [Your Name], [Your Address], [Your Phone Number].
*. Respondent: The Honorable Judge [Judge's Name], presiding judge of the 22nd District Court of Hays County, Texas.
*. Real Party in Interest: Texas Department of Family and Protective Services.
JURISDICTION
*. This Courthas jurisdiction over this original proceeding under Section *.* of the Texas Government Code.
STATEMENT OF FACTS
*. On [date], the 22nd District Court of Hays County, Texas, terminated the parental rights of the Relator without making reasonable efforts to keep the child in the home, as required by Texas law.
*. The Relator was not provided with necessary services such as counseling, financial assistance, or in-home support services prior to the removal of the child.
*. The Court of Appeals vacated and dismissed the underlying proceeding based on the mother's successful appeal but maintained the termination of the father's rights due to the lack of a separate appeal.
*. The child was removed from the home without prior investigation or reasonable efforts by CPS.
*. The Relator has provided documentation of prescription and over-the-counter medications, which were not considered in the positive drug test result used against the Relator.
ISSUES PRESENTED
*. Whether the 22nd District Court of Hays County abused its discretion by terminating the Relator's parental rights without making reasonable efforts to keep the child in the home.
*. Whether the Relator is entitled to relief due to the lack of investigation and reasonable efforts by CPS.
ARGUMENT
*

example argument

Sure, here’s an example of an argument you might include in a petition for a writ of mandamus in a CPS case in Hays County, Texas:
---
IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS
IN RE: [Your Name], Relator
Original Proceeding from Cause No. [Case Number] in the 22nd District Court of Hays County, Texas
PETITION FOR WRIT OF MANDAMUS
TO THE HONORABLE COURT OF APPEALS:
[Your Name], Relator, files this Petition for Writ of Mandamus and respectfully shows the Court the following:
---
INTRODUCTION
*. This Petition arises from a CPS case in which the rights of both parents, including the Relator, were terminated without reasonable efforts to prevent the removal of the child from the home.
---
PARTIES
*. Relator: [Your Name], [Your Address], [Your Phone Number].
*. Respondent: The Honorable Judge [Judge's Name], presiding judge of the 22nd District Court of Hays County, Texas.
*. Real Party in Interest: Texas Department of Family and Protective Services.
---
JURISDICTION
*. This Court has jurisdiction over this original proceeding under Section *.* of the Texas Government Code.
---
STATEMENT OF FACTS
*. On [date], the 22nd District Court of Hays County, Texas, terminated the parental rights of the Relator without making reasonable efforts to keep the child in the home, as required by Texas law.
*. The Relator was not provided with necessary services such as counseling, financial assistance, or in-home support services prior to the removal of the child.
*. The Court of Appeals vacated and dismissed the underlying proceeding based on the mother's successful appeal but maintained the termination of the father's rights due to the lack of a separate appeal.
*. The child was removed from the home without prior investigation or reasonable efforts by CPS.
*. The Relator has provided documentation of prescription and over-the-counter medications, which were not considered in the positive drug test result used against the Relator.
---
ISSUES PRESENTED
*. Whether the 22nd District Court of Hays County abused its discretion by terminating the Relator's parental rights without making reasonable efforts to keep the child in the home.
*. Whether the Relator is entitled to relief due to the

isn't cps obligated to inform a parolee's parole officer of violations such as positive drug tests, consuming alcohol and still unemployed hays county texas

Yes, CPS is generally required to inform a parolee's parole officer of any violations, including positive drug tests, alcohol consumption, and unemployment, as these can be considered violations of parole conditions. Would you like more information on how to address any potential violations or steps to take next?

yes

To address potential parole violations:
- Document Violations: Keep records of any positive drug tests, alcohol consumption, and unemployment details.
- Contact Your Parole Officer: Proactively inform your parole officer about the situation and any steps you are taking to address these issues.
- Seek Legal Assistance: Consult a parole attorney for guidance on how to mitigate any potential consequences.
Would you like more detailed steps on how to communicate with your parole officer or how to find a parole attorney for assistance?

how do find out father's parole officer to inform them of violations

To find out your father's parole officer and inform them of violations, you can:
- Contact the Texas Department of Criminal Justice Parole Division: They can provide you with the contact details of your father's parole officer.
- Visit in Person: You can visit the local parole office and request the information.
Would you like more details on how to contact the Texas Department of Criminal Justice Parole Division?

yes, and how to contact by email

To find out your father's parole officer and contact them by email, here’s what you can do:

Texas Department of Criminal Justice Parole Division

Phone: (*) *-*
Email: parole.div@tdcj.texas.gov
Website: www.tdcj.texas.gov

Would you like more detailed instructions on how to compose the email?

what are the guidelines, laws, statutes for a doctor or medical professional reporting physical abuse/neglect and medical abuse/neglect? what are the guidelines, laws, statutes for reporting and documenting their findings?

Doctors and medical professionals in Texas are required to report suspected abuse or neglect. Here are the guidelines and laws:
- Mandatory Reporting: Texas Family Code Section *.* requires reporting any suspicion of child abuse or neglect within * hours.
- How to Report: Reports can be made to the Texas Department of Family and Protective Services (DFPS) or law enforcement.
- Documentation: Medical professionals should document their findings clearly, including:
- Details of the injuries or neglect observed
- Statements made by the child or guardian
- Any other relevant observations
Would you like more information on the reporting process or how to document your findings?

yes

Here’s more information on the reporting process and how to document findings:

Reporting Process:
- Immediate Reporting: Any suspicion of child abuse or neglect must be reported within * hours.
- Where to Report:
- Texas Department of Family and Protective Services (DFPS)
- Local law enforcement

Documentation Guidelines:
- Details of Injuries/Neglect: Include descriptions of physical injuries, signs of neglect, and any relevant medical findings.
- Statements: Record any statements made by the child or guardian regarding the abuse/neglect.
- Observations: Note any other observations that may support the suspicion of abuse/neglect.
Would you like more detailed steps on how to make a report to DFPS?