CPS Must Have Court Order To Removed Allegedly Abused Children

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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.

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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

Posted by: anonymous Location: Austin on Aug 29, 2008 at 01:22 PM
I love it when someone who is ignorant makes statements about CPS(Tammy) who doesn't have a clue what she is talking about. Would be interested in hearing her story as it is obvious she has had dealings. Can we hear it?

Posted by: Marlin Location: Texas on Aug 29, 2008 at 08:53 AM
CPS was at fault years ago when I was taken from my parents. I have the scars on my back where the LOVING FOSTER PARENTS whipped me with a telephone wire. I spent 35 years hunting my original family...CPS caused all that for no reason. This change in the rules CPS has to follow is a great thing. While my sons are average rough boys, someone has "turned me in" twice. Once for sex abuse, once for not providing medical care. The sex abuse even CPS agreed was a malicious call. CPS didn't find any emotional or physical evidence...still I went on the "watch list" for six months as a suspected child abuser in Texas records. That is conviction without even evidence or trial as far as I can see. A doctor called in to CPS for the medical tgreatment because I did not go to him but to a different doctor, one that had a better plan for treatment that wasn't as intrusive for my son. That one too was found to be untrue. Again, I went on the list anyway...this is wrong! CPS is ABUSIVE constantly!

Posted by: Mother of Three Location: Temple on Aug 28, 2008 at 04:09 PM
That's a heartbreaking story Mary but you're a perfect example of what I was talking about. Someone called in and they investigated, they didn't just come in and take you away. Unfortunately for you they didn't get you out of that situation. I hope you've healed from what she did to you.

Posted by: CPS Location: BELTON on Aug 28, 2008 at 01:57 PM
Not all CPS workers take kids from good people. We are not allowed to take kids because families are poor. That is not the "REAL" issue your kids were taken for. Yes some investigators have a GOD complex and think their way is law but the judge is quick to put the kids back with the parents if this is the case. I have had to return kids to abusive parents time and time again for stupid reasons. CPS can not just come into the home and snatch children because we have nothing better to do. Alot of work goes into talking with people that know the family and talking with the children prior to removal. If there is reason we will remove but will try to place with family first. Parents can always Volunter to have kids stay with family or "family friends" that the children know rather than come into foster care. The only criteria to family care is you must not have a criminal record and you have to have room for them.

Posted by: Mary Location: Texas on Aug 28, 2008 at 01:30 PM
I think that the child should be removed and placed with other family if there are questions. My case included my friend from school informing the school of the abuse, the school calling CPS, CPS taking pics at school of my black eye, then CPS coming to my house that day. CPS questioning my mom and dad then they denied anything happened, my mother was embarrassed and shocked to find out someone had turned her in. CPS apologized for the intrusion, and left me there. I was 12yrs old, and my mom threw me down a flight of stairs, and then threw all of my clothes out on the front lawn and told me to get out. It's not always best to leave the child there!!! Believe me!!!

Posted by: Mother of Three Location: Temple on Aug 28, 2008 at 01:02 PM
Those of you who are agreeing with this ruling clearly don't understand the CPS system as well as you THINK you do. I'm a former foster parent and I have also called in on someone who was neglecting their children. They will NOT just take a child for NOTHING. The situation has to be REALLY BAD. Yes there are probably some who are harsher than others and too quick to remove kids, but there has to be an investigation before they are removed unless it is life threatening. Waiting for a court order will lead parents to run off with the kids or WORSE. You wouldn't believe the conditions the children in my care were exposed to. It was horrible. The point is: they will not come take your children just because someone calls and says you're a bad parent. Learn the system before you bash it. These are children we're talking about, they need to be protected.

Posted by: susiebw Location: kempner on Aug 28, 2008 at 10:12 AM
It's true sometimes people with authority let it go to their head in some cases, but at the same time some little abused child might need to be rescued immediately. There may not be but one chance to save a little one. I'd rather see them err on the side of safety.

Posted by: anonymous Location: Austin on Aug 28, 2008 at 08:15 AM
It is so strange how someone can see things so differently with the same facts. I am always fot leaning on the side of the children. If you don't harm your children and let them live in filth, maybe you don't have to worry either way. On the other hand, the responsibility to the judge is going to be serious.What happens in am emergency and no judge around?

Posted by: Michael Location: lacy lakeview on Aug 27, 2008 at 10:25 PM
It's about time the Courts wake-up and smeel the coffee. As for all of you who say that CPS should be able to remove your kids without a Court-Order....remember this....all someone would have to do is call in and report that you are abusing your children...and guess what happens next?...you can scream and gripe all you want...but they take your children(you're guilty, until you can prove that your not guilty!!). I agree, if the child has bruises, cuts and other markings that show the child is in real danger...they (CPS) should be able to remove your children for safety reasons...but for someone who calls in (and never has to give their name or other identifying information) and make a falsse claim against you...is not enough evidence that you have done anything wrong!!! I love it, the Court's finally take a stand for the families of Texas!! Now, let the lawsuits begin against CPS for the illegal removal of children from their families...they have violated our rights for the last time!!!

Posted by: tammy Location: waco on Aug 27, 2008 at 09:55 PM
cps absues thier privalges all the time and because they are the state they get away with. they take kids from good familes that are to por to get a lawyer and then lied in court about things. i know from experience.

Posted by: anonymous Location: Austin on Aug 27, 2008 at 03:01 PM
As if there isn't enough rules and regulations (feeling the death penalty - lethal injection is too cruel?) Give me a break. And now this? When is the State of Texas justice system going to protect our children? So, does that mean if it is an emergency situation (life or death) the worker has to get a court order to take them? I cannot beieve my eyes. To me, it is best to take the kids and go to court the next day. Then the children will at least be out of harm's way. Makes me think the state is out of money or something.

Posted by: wacko Location: waco on Aug 27, 2008 at 02:50 PM
This is where a lot of kids will get lost in the system. There will be a child that gets hurt (or worse) because CPS took too long to act!

Posted by: Reality Check Location: Whack em Waco on Aug 27, 2008 at 02:37 PM
They'll find a way to circumvent this ruling. That's how these Nazis operate! We're CPS, we are GOD, you must obey us!

Posted by: Anon Location: Waco on Aug 27, 2008 at 01:46 PM
I agree, if the children are being abused and it is not a question then they should be removed immediately. It will be on the judges hands if a child dies because he/she is too hard headed to get the kids out of these dangerous situations.

Posted by: Me Location: Temple on Aug 27, 2008 at 12:53 PM
No parent is going to give consent to have their children removed. And having to leave the children in the home to go and get a court order places the children further at risk. CPs workers do not just go in and take kids becasue they want to the children have to be in danger.

Posted by: LN Location: Robinson on Aug 27, 2008 at 10:14 AM
Makes sense to me. Heck, you have to get a court order to search someones home or whatnot, it is called a search warrant. If these CPS people get the proper documentation I am sure a judge will sign off on pulling kids out. Maybe this will slow down the cavalier attitude a lot of the CPS people have.

Posted by: Linda Location: Central Texas on Aug 27, 2008 at 10:11 AM
How stupid can we get. If children are being abused and neglected we should be able to remove the children immediately.

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