When CPS Removes a Child in Texas: What Happens in the First 14 Days

The short answer

If CPS has taken your child, the court must act fast. If your child was taken without a court order, the court must hold an initial hearing on or before the first business day after the child was taken Tex. Fam. Code §262.106(a). Unless your child has already been returned and any temporary order dissolved, a full adversary hearing must be held no later than the 14th day after your child was taken, unless the court grants an extension the law allows Tex. Fam. Code §262.201(a). At the end of that hearing, the court must return your child unless it makes specific findings Tex. Fam. Code §262.201(g).

CPS (Child Protective Services) is a program of DFPS, the Texas Department of Family and Protective Services Texas DFPS, Office of Consumer Affairs Tex. Fam. Code §262.104(a).

Can CPS take my child without a court order?

Yes, in an emergency. There are two kinds of removal.

With a court order first. DFPS can ask a judge, with a sworn affidavit, for permission to take a child without notice to you and without a hearing first Tex. Fam. Code §262.101(a). Before signing, the judge must find, among other things, an immediate danger to the child's physical health or safety (or that the child has been a victim of neglect or sexual abuse), and that reasonable efforts were made to prevent the removal Tex. Fam. Code §262.102(a). The order must state, in prominent type, your right to a lawyer and to ask for a court-appointed one if you are indigent Tex. Fam. Code §262.102(d).

Without a court order. If there is no time to get an order, a DFPS representative, a law enforcement officer, or a juvenile probation officer may take a child, but only under conditions the law lists Tex. Fam. Code §262.104(a). They include facts showing an immediate danger to the child's physical health or safety, sexual abuse or trafficking, or a parent's current drug use that is an immediate danger to the child Tex. Fam. Code §262.104(a). A child may not be taken based only on the opinion of a DFPS-contracted medical professional who did not examine the child Tex. Fam. Code §262.104(c).

DFPS must then, without unnecessary delay, file a suit affecting the parent-child relationship (a custody case TexasLawHelp.org, "I want help and information on dealing with Child Protective Services"), ask the court to appoint a lawyer for the child, and ask for an initial hearing by the first business day Tex. Fam. Code §262.105(a).

What happens at the first hearing after an emergency removal?

This hearing applies only when a child was taken without a court order. It must be held on or before the first business day after the removal. If the court is unavailable that day, it must be held on the first business day the court is available, and no later than the third business day Tex. Fam. Code §262.106(a). A special counting rule applies in a few cases Tex. Fam. Code §262.106(d).

The hearing may be ex parte, which means it can go forward without you there, and proof may be by sworn petition or affidavit if a full adversary hearing is not practicable Tex. Fam. Code §262.106(b). If the hearing is not held in time, your child must be returned Tex. Fam. Code §262.106(c).

The court must return your child unless it is satisfied of several things, including a listed circumstance, such as a continuing danger to the child's physical health or safety if returned, and that reasonable efforts were made to prevent the removal Tex. Fam. Code §262.107(a). If your child is not returned, the court must describe those efforts in writing Tex. Fam. Code §262.107(c).

What happens at the 14-day full adversary hearing?

Unless your child has already been returned and any temporary order dissolved, this hearing must be held no later than the 14th day after your child was taken Tex. Fam. Code §262.201(a). A special counting rule applies in a few cases Tex. Fam. Code §262.201(p).

At the end, the court must order your child returned unless it finds sufficient evidence to satisfy a person of ordinary prudence and caution of all three of these Tex. Fam. Code §262.201(g):

1. A danger to the child's physical health or safety was caused by an act or failure to act of the person entitled to possession, and staying home is contrary to the child's welfare.
2. The urgent need for protection required immediate removal, and reasonable efforts were made to prevent it.
3. Reasonable efforts have been made to let the child return home, but there is a substantial risk of a continuing danger if the child goes home.

If the court makes those findings, it issues a temporary order Tex. Fam. Code §262.201(h). If another parent or person entitled to possession did not cause the danger, the court must give that person possession unless that person cannot be found, is unable or unwilling, or would be a continuing danger Tex. Fam. Code §262.201(g-1). Otherwise, the court must place your child with a relative unless that is not in the child's best interest Tex. Fam. Code §262.201(n).

Also at this hearing:

• The court must consider any medical professional's opinion you obtained when deciding whether there is an immediate danger Tex. Fam. Code §262.201(i-1).
• You must fill out a proposed child placement resources form, if it is not already filed Tex. Fam. Code §262.201(l).
• The court must warn you in open court that your rights may be restricted or terminated unless you are willing and able to provide a safe environment Tex. Fam. Code §262.201(m).

Do I get a lawyer for the 14-day hearing?

Yes, if you are indigent and oppose the case. Before the hearing starts, the court must tell each parent without a lawyer about the right to one, and to a court-appointed lawyer for a parent who is indigent and opposes the suit Tex. Fam. Code §262.201(c). Indigent means you have a low income and cannot afford to pay for a lawyer yourself TexasLawHelp.org, "I want help and information on dealing with Child Protective Services".

You file an affidavit of indigence, a sworn statement about your finances, and the court must decide before the hearing begins. If you are indigent, it must appoint a lawyer Tex. Fam. Code §262.201(d). For good cause, it may postpone the hearing up to seven days from the lawyer's appointment, keeping the temporary order in place until then Tex. Fam. Code §262.201(e). For good cause, a parent who is not indigent may get up to seven days to hire a lawyer Tex. Fam. Code §262.201(e-1).

What are aggravated circumstances?

If the court finds that a parent subjected the child to aggravated circumstances, it may waive the service plan and the requirement to make reasonable efforts to return the child, and speed up the trial schedule Tex. Fam. Code §262.2015(a). Examples in the law include abandoning a child without identification, serious bodily injury or sexual abuse inflicted by the parent or with the parent's consent, certain crimes, and sex offender registration Tex. Fam. Code §262.2015(b). The court must then hold an initial permanency hearing before the 30th day after finding that reasonable efforts are not required Tex. Fam. Code §262.2015(c).

What should I do right now?

• Go to every hearing. You have the right to be notified of and attend all court hearings, and to an interpreter if you need one. Ask for a lawyer at the first one TexasLawHelp.org, "I want help and information on dealing with Child Protective Services".
• Name relatives and friends. DFPS says the caseworker will ask you to name at least four people who might support or care for your child DFPS, A Guide to Child Protective Investigations.
• Ask about visits. DFPS says your caseworker will make sure you can visit within five days of DFPS asking the court for temporary custody, unless a judge orders otherwise DFPS, A Guide to Child Protective Investigations.

In Parker County

Parker County's district courts are the 43rd and the 415th, and all district court family and juvenile cases are filed with the Parker County District Clerk Parker County, "District Clerk". State law also gives the county's two County Courts at Law the jurisdiction of a district court, except for felonies Tex. Gov't Code §§25.1861–25.1862. If your case is in a County Court at Law, the County Clerk keeps its records Parker County, "County Clerk". To find your case, the county says to use the Parker County judicial records search Parker County, 43rd District Court FAQs.

DFPS lists a Weatherford office at 1950 Clear Lake Rd., Weatherford, Texas 76086, phone (817) 596-7502, with CPI (Child Protective Investigations) and CPS among its programs Texas DFPS, Region 3 Office Locations.

Court addresses and clerk hours: Parker County and Weatherford, Texas: CPS and Family Courts, Court Records, DFPS Office and Free Legal Help. Finding a lawyer: Getting a CPS Lawyer in Weatherford and Parker County, Texas.

What the law says

If the initial hearing is not held within the time required, the child shall be returned to the parent, managing conservator, possessory conservator, guardian, caretaker, or custodian who is presently entitled to possession of the child.

In plain words: if your child was taken without a court order and the first hearing is late, your child must be returned.

The court shall inform each parent in open court that parental and custodial rights and duties may be subject to restriction or to termination unless the parent or parents are willing and able to provide the child with a safe environment.

In plain words: the judge must warn you that your rights can be limited or ended unless you can keep your child safe.

Questions to ask a lawyer

• Was my child taken with or without a court order, and when is my 14-day deadline?
• What must DFPS prove at the full adversary hearing, and what evidence can we bring?
• Can my child stay with the other parent or a relative?
• Should I get my own medical opinion?
• Is DFPS claiming aggravated circumstances?

Related

• The Texas CPS Court Case Timeline: Service Plan, Status Hearing, Permanency Hearings and the One-Year Deadline
• Your Right to a Lawyer in a Texas CPS Case
• Termination of Parental Rights in Texas CPS Cases
• Getting a CPS Lawyer in Weatherford and Parker County, Texas
• Parker County and Weatherford, Texas: CPS and Family Courts, Court Records, DFPS Office and Free Legal Help