Texas Child Abuse And Neglect Legal Questions

I'm assuming you are in the middle of a CPS conservatorship proceeding.  If you have completed all your services under your family plan of service, then ask your attorney to file for motion for return of the children or a Motion for Monitored Return.  This is the part where you will have a period of time to demonstrate you have learned the parenting techniques and ability to provide a safe and protective home environment free from CPS involvement.  The case will most likely close upon the Department's filing of a Motion for Nonsuit.  You will also need to be sure the attorney ad litem for the children is on board with this as well.... Read More

Given the nature of your great granddaughter's injury and the lack of any explanation for it by the parents, it is unlikely that CPS will close its investigation quickly.  A broken arm with no logical explanation of the cause is itself a sign of abuse or neglect.  If the child herself is too young to be able to describe what happened, the child is too young to be left alone without adult supervision.The parents need to retain a family law attorney with experience handling CPS cases in or near the county where the case is pending.... Read More

It is hard to know from your questions exactly what your remedies will be.    I assume you are an adult now.    At the time, a call to CPS would have been appropritate if there was abuse of neglect.   I do not see any mention of that, or details of why you were available for adoption in the first place, how old you were at the adoption, etc.  Civil suits have statutes of limitations just like criminal suits, so the amount of time that has passed will affect your possible recourse.    If you are only recently adult and the neglect happened in the last few years, you might be able to bring a case.   If you are more than 25 or so years old, it is probably too late.   Being able to bring a lawsuit is very different from being able to win that suit.   Being left outside all day may not be considered abusive to the court (the court hears a lot of terrible abuse cases every week), there are many details that would have to be elicited.  Even if you do sue and win, your recovery would be limited.   If the adopted parents don't have significant resources they might not be able to pay a judgment.    You will definitely need an attorney to do this - you can't pick up the skills you'd need quickly enough.   Look for family lawyers in the county where you and the adopted parents live.   It will be very expensive and you have a low liklihood of winning.  I can tell there is a lot of pain and anger, so some time with a therapist may be a better use of your time and energy.   ... Read More

You may be able to get an order granting you a possession schedule for your grandchildren. You would have to show that denial of possession of or access to the child would significantly impair the child's physical health or emotional well-being. This is often proven by showing that you had a previous relationship with the children. Thus, denying them the relationship would significantly impair the children's physical health or emotional well-being. Did the children ever live with you? Did you see them regularly before your child died? These and many other questions would need to be explored. Also, the mom might agree to a schedule once you file suit. ... Read More

Obviously, the child can live in any safe place. However, if her biological parents are not willing to agree for her to live somewhere else, a court case would have to be opened for someone to get conservatorship of the child. If one of the parents will agree that the child can live with a relative, there is a form that a parent could sign to give the other relatives the right to care for the child, enroll the child in school, etc.... Read More