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Do judges usually agree with cps after an removal?

Mansfield, TX |

Children were removed from home because a kid claimed he was being beat.No marks were found on children but children made outcry of abuse.The eldest child has an history if behavior problems that have been documented.Even after being removed from home,child has had behavior problems resulting in 3 diffrent placements.The third and current placement is in an mental hospital.

Attorney Answers 3

Posted

You should have an attorney this far along in the process and I would talk to your attorney about contesting the removal or a monitored return if you have complied with your service plan.

This answer does not create an attorney/client relationship. Consult my office for a confidential consultation. Leslie Barrows, The Barrows Firm, P.C. looks forward to protecting your rights!

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Asker

Posted

What is an monitored return.An service planned has been drafted.It included parenting classess,counseling and other classess.The caseworker said she couldn't technicly give me a plan until after the show cause hearing.Mother agrees to complete service plan but wants children home.

Asker

Posted

Do you have any experience with Asociate Judge T.White in ft worth family law court 329?

Dorothea Elaine Laster

Dorothea Elaine Laster

Posted

I don't, but generally view the Tarrant County Judges favorably.

Asker

Posted

What do you mean?

Dorothea Elaine Laster

Dorothea Elaine Laster

Posted

I don't have any personal experience with Associate Judge White in Fort Worth that I can remember. That said, I generally have a favorable opinion about Tarrant County (Fort Worth) Judges. Tarrant County Associate Judge--I think it was Mendoza (the one who had been a nurse for 25 years and who has the turtle) --spoke at a CLE seminar last week, and I was blown away. When I have appeared in Fort Worth my experience has been that they follow the law in custody, contempt and protective order cases. My experience with that Judge doesn't matter. The case law I was trying to share with you below does matter.

Asker

Posted

Ok thanks.

Posted

In my recent experience the the 256 Court in Dallas is that the Court usually agrees with CPS. It is made worse when the Judge of that Court repeatedly appoints attorneys without significant CPS Defense or litigation experience, and/or without good work ethic, to represent the indigent parents and as ad litems for the children. If there is no attorney wheel where qualified attorneys are appointed randomly, it gets worse. These attorneys don't want to rock the boat with the Judge because then they won't get more appointments. They also don't work to hard to show that the Judge is not applying the law properly, and the Judge ignores that the court appointed attorney bills reflect that they are not providing the minimum representation required by Family Code Section 107. You want a private attorney who will work hard for you, and who has CPS Defense experience if possible.
There is a great case out of Houston, In In the Interest of C.T.E., 95 S.W.3d 462, 467, (Tex. App. --Houston [1st Dist.] 2002), the Court focused on the reality of the children’s conditions in foster care, and assessed whether or not it was actually an improvement. In In Re C.T.E., the Court reversed the termination of parental rights of Mr. Green, even though he was in jail at the time of trial and had a history of drug use, using the Holly v. Addams factors. Like in your case, the C.T.E. children had been bounced from foster home to foster home. The In Re C.T.E., Court stated honestly while Mr. Green,” has not been able to provide a stable home for his children due to his imprisonment, it is evident that TDPRS has likewise not been able to achieve this goal.” In the Interest of C.T.E., 95 S.W.3d at 468. Get your lawer to review this case. For some reason everyone drinks the Koolaid that these kids once removed from the home are magically transported to adoption bliss. The In Re C.T.E. case says WAKE UP. Look and see whether these kid's situations have been improved or harmed by the State's involvement. And if the State is making things worse, maybe it should stop.

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Bryan L. Walter

Bryan L. Walter

Posted

wow! Amazing answer!

Posted

You should hire an attorney any time Cps is involved.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

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