How to get a cps case dismissed

How to get a CPS case dismissed in Texas?

You have to do a legal fight in court if the CPS believes there is a probability of abuse or neglect occurring.

In Texas, the agency that works for child protection is the Department of Family and Protective Services. However, it is also commonly known as the Child Abuse Registry or CPS.

The (CPS) is well-known for those who face an allegation of child abuse. Many parents are unaware of the significance of removing their names from the Child Abuse Registry.

After conducting the investigation, if the CPS finds that there is reason to believe that abuse or neglect occurred, the name is to be added to the Child Abuse Registry. The CPSC is bound to do that according to the Texas Administrative Code.

It is a more complicated and time-consuming procedure than going to court. Even after removing the case from court, it takes a long time to remove the name from the list of the Child Abuse Registry.

There is no connection between placing the name on the registry and the court review. During the time of the investigation, their name will automatically be placed in the registry.

Sometimes it emerges as a very complicated issue when the CPS conducts the investigation without contact with the parents. In this case, the parents are unaware that their name has been added to the registry list.

How to get a CPS case dismissed quickly in Texas?

As a first step, the CPS may remove the child from your custody; if the child is removed without a hearing, the only option is for you to participate in an emergency court hearing within three days of the removal. After the court hearing, the court will decide whether the child will stay with the CPS or with the parents. You must fight the following legal battles in order to have the case dismissed. 

  • Adversary Hearing

At this point, the court will issue a temporary order for the duration of the case, determining whether the child will be returned to their parents or whether CPS will be appointed as a temporary managing conservator. 

  • Status Hearing

At this stage, on the day of 60, the courts will review the child’s status and the permanency plan.

  • Initial Permanency Hearing

In this stage, the court will pass the order of

-Determining whether the current placement is appropriate or needs to be changed.

-Evaluating the parties’ compliance with the temporary orders and the service plan

-Returning the child to his or her parents or guardians

-Placing the child with a non-parent or relative

  • Permanency Hearing

In this stage, the court will conduct additional permanent hearings for the evaluation of the parties’ compliance with the service plan.

  • Trial/Extension of Case/Dismissal of Suit

In this stage, the court will proceed to the making of a final order of

-Terminating the parent-child relationship

-Giving conservatorship management to a relative or another person;

-returning the child to a parent;

-Appointing the CPS as the permanent managing conservator

  • Dismiss/Return to Monitor/Trial

If a final order has not been issued or the child has been placed with a parent or relative for up to 180 days of monitoring, the case can be dismissed.

  • Dismiss

By this date, the court must decide whether to dismiss the case or issue a final order of conservatorship over the child. To take the perfect steps in moving forward with such a proceeding, we recommend you consult with experienced lawyers.

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