help in texas

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sweetlxy409
Posts: 5
Joined: Sat Jan 31, 2015 4:21 pm

help in texas

Postby sweetlxy409 » Fri Feb 06, 2015 2:56 am

I seriously let cps take my case to voluntary place me because they sacred me up and now i am on fbss i have no court order but i am doing services that were suppose to end this month I dont understand what are my rights and i have finished my parenting classes but they are saying its up to a counselor to tell them my progress to get my children back I am lost cause i dont know my rights in texas

whosechildrenarethey
Posts: 105
Joined: Sat Sep 08, 2012 7:00 pm

Re: help in texas

Postby whosechildrenarethey » Fri Feb 06, 2015 8:45 am

Pursuant to the Texas CPS policy and procedures handbook:
• A safety plan is a voluntary agreement with a family; it is not legally binding.

I found this information at this link: http://www.dfps.state.tx.us/handbooks/C ... p#CPS_2420

Texas CPS policy and procedures handbook may be found in it's entirety at this link: http://www.dfps.state.tx.us/handbooks/CPS/default.asp

I would suggest you educate yourself on how Texas CPS operates so that you can identify what their own policies are to determine if they are abiding by them and how they may come at you if you stop voluntarily cooperating with them. I urge you to look at the Texas definitions of child abuse/neglect found in this handbook to see where your circumstances fit in or don't fit in alongside the Department's allegations against you.

This link will take you to another site that I found to be helpful: http://familyrightsassociation.com/

sweetlxy409
Posts: 5
Joined: Sat Jan 31, 2015 4:21 pm

Re: help in texas

Postby sweetlxy409 » Fri Feb 06, 2015 7:26 pm

Before closing an investigation that has a safety plan, the worker reviews the plan with the family. The worker informs the family that the plan will no longer be in effect after CPS closes the case.
The worker must not require the family to take certain actions after the case is closed. However, the worker may recommend that the family voluntarily continue any needed services and safety precautions or arrangements after the case is closed.

what does this mean because my investigation is closed

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family_man
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Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: help in texas

Postby family_man » Mon Feb 09, 2015 10:12 am

You're looking in the wrong section of the Handbook. A "safety plan" may be put in place to ensure the children are safe while an investigation is ongoing. Your investigation is closed, hence there no longer is a safety plan. Instead, you've been referred to Family-Based Safety Services, which is a voluntary program which you have agreed to participate in to improve your family conditions long term. What you are now under is called a "service plan," described in section 3000 of the Handbook:

http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_3000.asp#CPS_3000
Disclaimer: I am not an attorney, and this is not legal advice.

sweetlxy409
Posts: 5
Joined: Sat Jan 31, 2015 4:21 pm

Re: help in texas

Postby sweetlxy409 » Mon Feb 09, 2015 4:41 pm

Is it better for me to pay for my own counseling am i surrendering my rights by allowing this to pay for service

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family_man
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Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: help in texas

Postby family_man » Tue Feb 10, 2015 11:38 am

If you pay for your own counseling, you have the advantage of choosing someone who is sympathetic to your cause. A counselor chosen and paid by CPS is more likely to find fault with you. This might prolong your service plan or cause CPS to take more aggressive actions against you.
Disclaimer: I am not an attorney, and this is not legal advice.

Three Girls Gone
Posts: 27
Joined: Wed Feb 25, 2015 4:40 pm

Re: help in texas

Postby Three Girls Gone » Sat Feb 28, 2015 6:32 pm

Hello I am in need of help here. My children are in conservator-ship with the state of Texas. My attorney is letting them rail road me on visitation. I have pulled senate bill 352 best visitation signed by our governor, the bill passed in 2013 and CPS refuses to follow this plan. i have informed my county attorney about this bill she says that it is considerable. But she has not filed this bill, and the understanding I have got from this bill CPS was suppose to file this visitation bill in court. My court appointed attorney says that she has to attempt to get the caseworker, supervisor and the child ad litem and the county judge to agree to this change within the visitation. I thought that the attorney had all of the power and she could file a motion for more visitation at any time. She also stated that court 309th has rules that they have to follow and she has to attempt to get an agreement from each of these parties. and if they don't agree she will file a motion in court to get me more visitation.
Is this the way that this should be handled?

Is their any thing that I can file to move this visitation and get more visitation?

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LindaJM
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Location: Northern California
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Re: help in texas

Postby LindaJM » Sat Feb 28, 2015 9:53 pm

I don't understand this issue and don't live in TX so will leave this question for someone who might have more information on it than I do.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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family_man
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Location: TX

Re: help in texas

Postby family_man » Tue Mar 03, 2015 9:29 am

It sounds reasonable to me. It's better if agreement could be achieved outside of court if possible. If that is not possible, your attorney can then unilaterally file a motion with the court to overrule the other parties and grant you extra visitation. Is your current visitation supervised? How much visitation do you current get? How long have your children been in state custody?
Disclaimer: I am not an attorney, and this is not legal advice.

Michael
Posts: 331
Joined: Wed Dec 01, 2004 6:11 pm
Location: East Central District

Re: help in texas

Postby Michael » Tue Mar 03, 2015 6:35 pm

Are your children in CPS TMC or are they placed somewhere/with someone you provided?
If it is a FBSS case one set of rules apply but if thy re in TMC another.

Do they have a CASA worker/volunteer?



I am retired from CPS and worked in both Investigation and in FBSS. I am now a CASA volunteer.

If you want to contact me [email protected].

Three Girls Gone
Posts: 27
Joined: Wed Feb 25, 2015 4:40 pm

Re: help in texas

Postby Three Girls Gone » Thu Mar 12, 2015 2:58 pm

:x Hello this case started back in 3-19-14, fbss. I had finished up all of my services and cps refused to close my case. After I finished the case plan and they kept lying to me about closing my case after 9 months, i decided to end the fbss plan and take my children home. So they knew I had taken the children home with me just two of them, my four yr. old and 11 month old. the 12 yr. old was still with her dads mother.
I had an innocent to where i went to the store to get my 4 yr. old some medicine she had a bad cough and after waiting to get the money a couple of days to buy this medicine her cough had gotten worse. I used honey but the honey wouldn't work. So i went to the store while they were sleeping and came back. Big mistake! But the store is like 5000 ft. like not even a 10 min walk and i ran and got the meds and came home.
I told my boyfriend on the phone about it, and some kind of way they got the conversation of me and him talking and she came and took the kids again.
I told her i wasn't going to give her my baby unless she had a court order. so she got a court order and for the second time i had to give up my baby again.
This time we are going through conservator ship, the baby 1 yr. old is in foster care and the four yr. old is with her dad this time. and my 12 yr. old remained with her grandmother.
Now I have to complete a services pan all over again. Now they are saying that my boyfriend called and gave them that recorder, and i don't believe it. My boyfriend told me that when I go to court to file a motion for discovery to find out how she got that conversation. why would he tell me what to do to find if he really did that to his own child and my children period.
And he showed me a text message that the supervisor sent to him, saying that their conversations were quarantined, and i did some research on this quarantined and it does allow case workers to record other ppl conversations.
this is a very unusual thing and you guys probably haven't never herd it before but this is what has happened to me and I am very heart broken again.
I get one hr. every other friday, court has been filed for a motion at this point, because of me going over my attorneys head, she didn't want to file the motion. I had to threaten to fire her if she didn't file it. the day she filed it, three days later the court date was set.
Another problem i am having now is that the caseworker refuses to send all the notes from the beginning till now to show the progress for the visits. I have string of emails, for everything that i do and letters to my attorney for every issue i find and see that cps can do to help my case.
I found senate bill 352 to increase my own visitation, I, told my attorney to requested for the notes for all of the visitations from dec 19, till now. I have to make the dam attorney do everything, if i didn't i would be their breakfast. Now the caseworker refuses to send the notes for the prior and i will keep on until she does by email. And if she goes in court with another story lying about my visits when i see my children she is swamped. because im go have emails paper trail backed up from Texas to NY on her ass. to show the judge. And they wont have any reason but to look at her and ask her why she never responded to my emails. That is the only thing I am worried about. :evil:
Last edited by Three Girls Gone on Thu Mar 12, 2015 3:02 pm, edited 1 time in total.

Three Girls Gone
Posts: 27
Joined: Wed Feb 25, 2015 4:40 pm

Re: help in texas

Postby Three Girls Gone » Thu Mar 12, 2015 3:01 pm

And no i do not have CASA volunteer yet, i have been waiting for a volunteer for two months. :evil:

Three Girls Gone
Posts: 27
Joined: Wed Feb 25, 2015 4:40 pm

Re: help in texas

Postby Three Girls Gone » Thu Mar 12, 2015 4:25 pm

The caseworker refuses to give notes about my visits with the children. She has stated through email that she will provide the notes but yet she still haven';t provided these notes to show the progress for these visits. i will not have her going into court when it is time to go, and she tell makes up lies about visits. As to my court order it doesn't even state supervision for the visits. I have just emails of her saying she will send these notes. Can i use an email in court to show the judge she has agreed to send over these notes? or shall I write her a certified letter to her office to show the attempt i made. Their shouldn't be any reason she shouldn't want to show written notes about my visits. Should their? :evil:
She also tried to come to my home with the child ad litem for a visit. I told her no, not unless ,my attorney was with her. I will not trust her ass, she already half way got me on one visit. She lied about me getting 1 hr. and 45 min in the visit, and said i was getting an 1 hr. visit, after begging her for two wks for more then a hr. I will not trust her again. She is really trying to make me act out so she can use more stuff against me and give me more services. I WILL NOT HAVE IT! :evil:


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