CPS Must Have Court Order To Removed Allegedly Abused Children
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CPS Must Have Court Order To Removed Allegedly Abused Children
A federal appeals court ruling means the state’s child welfare agency will have to get court orders or parental consent before removing allegedly abused children from their homes.
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(August 27, 2008)--A federal appeals court ruling forces Texas Child Protective Services to get either court orders or parental consent before removing allegedly abused children from their homes.

The ruling last month by a three-judge panel of the 5th Circuit Court of Appeals affects child abuse investigations in Louisiana, Mississippi and Texas.

The ruling resulted from an ongoing lawsuit against the state of Texas filed by a Fort Bend County couple and their 13 children.

The court said state and local officials who removed the children during a child abuse investigation may have acted improperly, but were protected by government immunity.

The Houston Chronicle and San Antonio Express-News obtained a memo sent on Friday to all Child Protective Services personnel written by the commissioner of the Texas Department of Family and Protective Services, Carey Cockerell.

The memo says the court ruling will require "some extremely difficult decisions" to be made.

Latest Comments

Posted by: Jennifer Location: houston on Oct 24, 2008 at 11:29 PM

i beleive this is a good thing because i have had cps called on me before and there was no reason. as a matter of fact they have been call 3 times for nothing. two of the times it was a family member because the were mad because i gave my mom temp. custody of my children because i could not care for them. but now that my brother has cps on them they are going to court on monday. we are going to try and get the newborn with family. so yes this is good. and some parents will give up the child to family. they still get to see them all the time. just supperviced. and cps does pick on familys that try and do right and leave kids with familys that hurt them. i should know i was abused growning up and my dad would take me down there every other week and have picture taken and they never did anything.
Posted by: landa Location: canton ohio on Oct 18, 2008 at 07:04 PM

On august 19,2008. cps took my kids. I dont know what my rights are. the intake worker never did shower me a court order removal. she did not try to contact any of mt family members she put them in a foster home im feeling very huet cause i dont know my rights i need a cps manual with all my rights so ican read. i miss both of my kids very much we all need to stop cps from takin kids from good homes. lets fight cps there not keeping family together
Posted by: VICTOR Location: DALLAS on Oct 3, 2008 at 02:23 AM

MY CHILD WAS REMOVED BY CPS WITHOUT COURT ORDER ,DUE TO A HAIR FOLICULE DRUG TEST FEEL BEING TREATED ILLEAGALY ,HAVE WENT TREW REHAB AND NOW THERE MAKING UP FALSE ACCUSATIONS OF MU8ST BE A DRUG DEALER WITHOUT5 ANY WARRANT OR EVIDENCE OR ANY PROOF ,SIMPLY FALSE THINK THEY HAVE BROOK THE LAW AND DESPERATLY SEEK HELP
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