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what is the process? I know of a family who has a sibling set placed in their home. They received a visit recently regarding the condition of their home (unsanitary) and the disconnect between them and one of the children. Does this sound like something that DFCS would investigate?
If it is an investigation, what is the process when it is a foster-to-adopt home? The family is concerned that DFCS might take the children.
Thanks for your responses.
We are foster to adopt we are being investigated but nobody tells us any thing our fson has been removed from our care its been over a month not allowed to see him or have any type of contact with the case workers all we are told is that its confidential and we ned to be patient he is our son had him since newborn not even able to see him for his birthday he was taken a few days before his birth day and NO we were never told about allegations towards foster parents or investigations in our pride classes we are in the dark the last we were told is that investigators have gotten an extension on their time frame and they did not even ask for it supervisors requested we are just waiting for supervisors to make a descion on what they are going to do if our son will be return to us or not but since they have the extension it can now take months there is no time frame for the investigation and in our region there is no foster support group or association
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L_L:
Here is a great link I found. There are many sub links found within, so I am just going to give it to you and hope that the process is explained within. Given we don't know what is going on (and it seems neither do you) I really hope it helps.
[url=http://www.dfps.state.tx.us/handbooks/Licensing/Files/LPPH_pg_6400.jsp]6400 Conducting an Investigation; 6500 Special Considerations for Certain Types of Reports[/url]
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Ilove...took me a lot more digging...here's what I found!
[url=http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/8/00515-05.htm&Title=8&DocType=ARS]Format Document[/url] Article 8-515.5
Hope this helps.
ETA More links:
[url=http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/8/00517.htm&Title=8&DocType=ARS]Format Document[/url] Article 8-517
[url=http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/8/00520.htm&Title=8&DocType=ARS]Format Document[/url] Article 8-520
[url=http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/8/00530.htm&Title=8&DocType=ARS]Format Document[/url] Article 8-530 (FP Rights!)
Thank you very much i will look into it. Because right now we are more confused we have always been told that la enforment. Was not involved yesterday we were told they are called local police station and they have no report or know anything about the case. We were also told that all 3 departments( rccl, ccl, cps ) were going to make a desecions as one agency not!!! Girls mom just posted on her facebook on Thursday night that she got h er kids back so someone (cps)is makeing desecions without consulting the other department while rccl and ccl have been waiting to hear from cps to make a final desecion. Hopefully i will be able to get some helpful information on this webpage thanks
I'm so sorry all of that is happening. Here's another document I found...maybe more helpful than the 1st I gave you.
[url=http://www.cwla.org/programs/fostercare/statessummaryapp1tx.htm]Child Welfare League of America: Practice Areas: Family Foster Care: Other Links and Resources: State Responses to Allegations of Maltreatment in Out-Of-Home Care (Appendix I)[/url]
[url=http://www.dfps.state.tx.us/Child_Protection/About_Child_Protective_Services/investigation.asp]DFPS - Child Abuse and Neglect Investigations[/url]
Get a lawyer ASAP! Make sure the lawyer is well aware of how cps operates. I would also apply for defacto parent status.
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What is defacto parent status? Can you please explain what defacto parent status is . I feel that things keep on gettting worse I live withing city limits and it know turns out that the detective in charge is with the sheriff's department I dont understand why to make matters worse the actual Sheriff the one in charged of the whole depart is related to childs family (the one with the head injury) I see it as conflict of intrest but since we are in a small town its like I have no coice at all I mention it to the ccl investigator and she said there was nothing she could do . please help advise me
You can call the captain of the police department and let him know that there is a conflict of interest with the detective investigating your case. If the captain is informed of this, then he will have to take the detective off the case. You can also call the D.A. and also let them know. I remember you stating that an attorney will not take your case unless you were charged. I would not take no for an answer. I would call every attorney I could think of. Try Family Law. There are parents who have their children taken away because of an allegation and these children get put into foster care. (as we all know) Some parents hire a private attorney instead of a court appointed one. You are in the same situation. Your child that you were in the process of adopting was taken away by children services. I would try and find an attorney that deals with these kind of cases.
What Is A “De Facto Parent”?
A De Facto Parent is a person who is the current or recent caretaker of a child who has been found by the court to have assumed, on a day-to-day basis, the role of a parent, fulfilling both the child’s physical and emotional needs for care and affection, and who has assumed that role for a substantial period of time.
What Is The Legal Significance Of Obtaining De Facto Parent Status?
The granting of De Facto Parent status allows the De Facto Parent to participate as a party in the court proceedings.
In Texas I don't think it's called de facto parent status. I believe they call it standing in a case. All it is is becoming party to the case.
In TX a child must be in your care for 12m before you can ask for standing in that child's case. And the child can't have been out of your care for more than 90 days when you file (family code title 5. subtitle a. ch 102.012)
You're local foster parent assn doesn't seem to have a strong online presence, but they are there. Here is the link:
[url=http://www.tffa.org/?page_id=790]Region #8[/url]
You need a lawyer. One versed in family law in your area. Your FP association should be able to give you names. You need to clear your name if you have any chance of getting your FS back. I realize with all that is going on you may not be able to afford one, but I'd be calling and begging for help if it were me.
I wish you the best. I'm sorry all of this is happening.
Reviewing all of this has made me sure I will never be a FP in Texas...
I wanted to make sure you understand something...Kinship care IS NOT emergency/temporary care. Respite care is. If the child is in Kinship care they are with a family member or someone who knew him (family friend, member of his church, etc).
You have few rights reading through everything. One right you do have is to request an independent review by the state. You also have the right to an administrative review.
The investigation should be completed w/in 60 days...but up to 2 30 day extensions can be granted.
I don't see where the agencies work "together" I see they work in tandem with RCCL making the investigation decisions and CPS making the child placement decisions.
As for law enforcement, you've stated that you are in a small city, it could be that your local police don't have the man power or expertise to deal with things. Having it farmed out wouldn't worry me.
My gut says that if the mom of the girl who had the seizure has the kids back one if 2 things is going on, one good, the other bad. 1) the investigation is winding down 2) they think you did it, so they quit investigating mom (this would be why I would worry about the detective being related to mom).
You said that lawyers won't take your case, but that shouldn't be true...lawyers represent people every day who are investigated for crimes (make no mistake, you are being investigated for child abuse/neglect, that is a crime). They may not be able to go to court for you yet, but the can help you get the reviews going. I know in TX the FAD is supposed to support you, but you've already seen that doesn't mean anything...you need someone to go rattle cages...that's not going to be someone living in said cage!
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L_L, I cannot stress the importance of a lawyer. I know they are expensive but it will be money well spent! I too am from a small town and have witnessed what happens when "friends" of SW's or others with connections get inolved. CPS has the power to do whatever they want, if the child is out of your home they will say you have no standing in the case and therefor no legal right to know anything that happens to that child.
Maybe you can just get a consultation for a small fee (?$200) and they can give you an idea if there is anything you can do and if so how much they estimate it will cost. Sometimes just having an attorney will make cps back off and law enforcement to make sure they are following protocol.
The longer they keep the child out of your home, the less power you will have--don't wait around!
I hope you are well ((((hugs))))
we have a lawyer. A family law lawyer who is not doing anything charging us $5000 to get our son back see but the thing is that its been abit over a month and she has not done a thing I am the one calling ccl and asking questions giving her the information on whats going on and yet she tells me that Its all internal that I just need to wait for ccl to finish its process. The other thing is that we were able to find out who the detective on the case is and since its with the sheriff deprtment its conflict of intrest so our case got transfer to the Police Department but holidays got in the way and of course eveyone got vacations again!!! there are no criminal charges we Justhave to wait for this week to hear good news or at least something I am so hopeing that this nightmare ends by the end of this month.
Thank you all for the advice and concerns