Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.
In many circumstances, the best way to beat the case is to go for a dismissal. In Texas, a Child Protective Service case may be dismissed should the judge deem there to be a lack of evidence to warrant such an investigation or indictment, or if CPS is satisfied that certain circumstances are met.
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. A judge can also dismiss a case if CPS fails to provide sufficient evidence of abuse or neglect.
You have the right to talk to your CPS caseworker. Communications with the caseworker are not confidential and anything you say can be used in court. If CPS has filed a lawsuit against you to take your children, you have the right to a court-appointed attorney if you cannot afford an attorney.
Call the Texas Child Protective Services Hotline 1-800-252-5400 or report online. Both are available 24 hours a day, 7 days a week.
For starters, filing a lawsuit against the government, of which CPS is a part, is very difficult to do. I don't want to take up a great deal of time discussing the legalities of using the state of Texas, but legally speaking, it is possible to file a lawsuit against Child Protective Services.
CPS usually resolves investigations within 30 days. However, if they cannot resolve the case within a month, then CPS must document why and complete the investigation within 60 days.
Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.
If there have been immediate concerns for your child's safety, social services may have involved the police and there might not have been time for them to apply for a court order to remove your children. In this situation your child can stay in police protection for 72 hours at the most.
If the Department of Child Safety received a report before September 1, 1999, and determined that the report was substantiated, the department shall maintain the report in the central registry until 18 years from the child victim's date of birth.
If you refuse to take a drug test, CPS will file a lawsuit to obtain a warrant. However, the caseworker must be able to prove probable cause to obtain the warrant.
The short answer is no, CPS does not require a child to have their own room.