Cps Child Custody Concerns

Summary

In Texas, CPS can remove a child if they believe theres immediate danger, even before a criminal trial. They must provide evidence, and you have the right to contest their actions in court. Work with your attorney to challenge assumptions made without evidence, especially if CPS workers testify to a lack of trauma or evidence.

Full Conversation

Texas
Hi ****! Can you provide a bit more detail about the legal issue you're facing? This will help me give you more specific information.
How much do you know about child protective services
****, here's a quick overview of Child Protective Services (CPS) in Texas:
- Mandate: CPS investigates reports of child abuse and neglect.
- Process: They may conduct home visits, interviews, and assessments.
- Outcomes: They can provide services to families or, in severe cases, remove children from homes.
Is there a specific concern or question you have about CPS?
I was falsely accused and arrested for sa of a child continuous for 3 years or something and before I even went to court for the criminal part of the investigation the child protective services people took my wife and my child and make them go to a shelter and then they took the custody of my child away from us is it legal
****, in Texas, Child Protective Services (CPS) can remove a child from the home if they believe the child is in immediate danger, even before a court ruling on criminal charges. However, CPS must follow legal procedures, and you have the right to a court hearing to contest their actions.
To provide more specific guidance, can you tell me if you've had any court hearings regarding the custody of your child?
Yes we've already gone through this GPS part of the case I guess they took our conservatorship from us saying that we're unfit parents based on the fact that they think I'm going to be guilty of this sexual assault but I haven't even gone to trial of that yet I'm still out of bond
****, in Texas, CPS can remove a child if they believe there's immediate danger. However, you should have the right to contest this in court.
- Have you been provided legal representation for these hearings?
- Did CPS provide evidence to support their claim of unfitness?
Knowing these details can help better understand your situation.
They have not provided any evidence of the claim for unfitness they just decided to do it and you know
****, it seems you're in a challenging situation. In Texas, CPS must provide evidence when claiming a parent is unfit. You have the right to challenge their decision in court.
Have you consulted with a family law attorney to help contest the CPS decision?
Yes it's supposed to be an appeals right now I'm just wondering if it's legal for them to take my child assuming they're going to find me guilty of this essay before I even gone to court for it
****, in Texas, CPS can take emergency action if they believe a child is in immediate danger. However, they must present evidence, and you have the right to a fair hearing. It's crucial to work closely with your attorney during the appeal to challenge any assumptions made without proper evidence.
Have you or your attorney requested a review of the evidence CPS used in their decision?
Yes I have filed for a motion for Discovery in the criminal part which includes all the CPS parts from the civil case
****, it's crucial to ensure you have all relevant information. Here are some points to consider:
- Discovery Motion: This should compel CPS to present their evidence.
- Legal Representation: Continue working closely with your attorney.
- Court Hearings: Ensure you attend all hearings and present your case effectively.
Is there anything specific you'd like to know about the discovery process or your rights during the appeal?
The CVS worker said in court that there was no trauma to either one of the children and no evidence of essay and she didn't understand why we were still having the trial but we still were wondering maybe that would help in my criminal case
****, the testimony from the CVS worker stating no trauma or evidence of SA could be beneficial in your criminal case. Consult with your attorney to ensure this testimony is properly documented and presented in your defense. It may help strengthen your case and challenge CPS's actions.
Would you like more information on how such testimony can impact your criminal trial?