![]() ![]() Remember: CPS can dismiss your case at any time they feel the child is in no real danger or if all agreements, services and requested tasks have been completed.Ī judge can also dismiss a case if CPS fails to provide sufficient evidence of abuse or neglect. These dates may be subject to change, and it is possible for your case to end or be dismissed within this timeline.įor each of these hearings, be sure to bring any and all accumulated paperwork with you for every hearing. Dismiss or go to trial – typically Day 720.Dismiss, monitor continuance, or go to trial – typically Day 540.Trial, dismissal, or extension of the CPS case – typically Day 360Įven after the year is up, CPS and the court can still continue to monitor the home situation:.Initial permanency hearing – typically Day 180.Sometimes the legal process may last up to a full year if your child has been removed from your home. There are several steps involved in a CPS case. Future CPS Hearings and CPS Office Meetings (if Needed) You don’t want to jeopardize your chances of regaining full custody of your child. Be sure to plan ahead to make sure you will be there. You cannot miss any court dates involving a CPS case. Be absolutely sure you have all future court dates recorded so that you continue to meet your obligations. Then, after appearing in court, you will be given a certain set of dates and times to appear yet again in court. I can help you understand how to navigate this situation. You want to be best-positioned to answer questions and provide evidence clearly and not in a defensive manner. Do not attend a CPS hearing without a lawyer, preferably one experienced in the ins and outs of family law in Texas. You will need to gather information and evidence to support your argument as you attempt to get the CPS case dismissed. If CPS files a lawsuit, then you will be obligated to attend a court hearing. It’s important to stay level-headed during this stage. However, CPS is ultimately concerned about the welfare of a child. It may seem that way, especially if you do not believe that you are being treated fairly. Parents need to remember that this is not a malicious action towards them personally. Anyone from a neighbor to a teacher to another family member can file a complaint, which CPS must follow up on.Īs CPS becomes actively involved in your family’s affairs, they will either let the child stay in the home or take action to try to remove your child immediately. In general, CPS works with state and local level services to provide protection to children suspected of experiencing physical, emotional, or sexual abuse, or neglect.ĬPS is obligated to investigate any and all complaints about abuse or neglect of a child, and they have been granted certain authority up to and including the removal of a child from the home if clear evidence warrants this. Let’s review the necessary steps to find the best way to restore your family! Why is CPS In Your Family’s Life? I also help many families in Texas that need my assistance with CPS cases. Being an experienced family law attorney, I get many questions about how to file a motion to dismiss a CPS case. Here in Texas, filing a motion to dismiss a CPS case is not always as straightforward as it might seem. If your child is taken away from your home by CPS, it can be an extremely stressful, emotionally-draining, and time-consuming situation for all involved. ![]() When most parents hear the words Child Protective Services ( CPS), it immediately fills them with dread - this is for a good reason.
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