Termination by the Government Flashcards
Timeline of Mandatory Hearings if CPS Removed Children
- By law, in Texas, if the Department of Family and Protective Services has taken possession of a child without the consent (or a signed agreement) of a parent or guardian, there are very strict timelines for when hearings must occur calculated from the date the child is removed from the parent/home.
- Mandatory hearings must take place on the 1st day, 14th day, 60th day, 180th day, 270th day, 360th day, 540th day, 720th day, after removal. Some of these days are based off the prior hearing date, e.g., the 60th day hearing is 60 days after the 14th day adversary hearing).
Emergency Removal of Child
CPS may conduct an emergency removal of a child (without a hearing) if a CPS worker finds:
* There is present danger of serious harm to the child in the home;
* The caregiver’s protective capacities are insufficient to keep the child safe from the harm; and/or
* There are no reasonable efforts that CPS can make to prevent removal of the child that would be consistent with the safety of the child.
Day 1 : Emergency Hearing
- If a child is removed by CPS without a hearing, an emergency hearing must be held by a court on the “First working day” after removal, but no more than three days after removal. §262.106
- At this hearing, the court will determine if the factors listed in prior slide exist. If the above findings are made, the child will remain in the possession of CPS until further order from the court.
Day 14 : Adversary Hearing
At this hearing, the court will enter Temporary Orders regarding the child or return the child to the parent, guardian or relative if the court finds it is safe to do so and is in the child’s best interest. If the child is not returned, the court will name CPS as the temporary managing conservator of the child and the temporary orders will set forth guidelines regarding the rights of the parties, visitation, child support, and services to perform (i.e., counseling, substance abuse evaluations, random drug tests, anger management, and parenting classes.)
- Court has option of ordering any or all of those things.
- Could be both parents ordered, could be one…
Day 60 : Status Hearing
Within 60 days after TMC is awarded at the 14-day Adversary Hearing, the court will review the child’s status and the permanency plan. §262.201
“legislature ensures no child falls through the cracks”
Day 180: Intitial Permanency Hearing
- At this hearing, the court will perform the following tasks:
1. Review or locate any services efforts for the parties and the child. §263.301(c), 263.306(2)
2. Review CPS’s efforts in attempting to locate all necessary persons; requesting service of citation; and obtaining assistance from a parent in attempting to locate an absent parent, alleged father, or relative of the child.
3. Return the child to the parent if it is safe to do so and is in the child’s best interest.
4. Place the child with a non-parent having standing under Chapter 102 of the Texas Family Code if it is safe to do so and is in the child’s best interest.
5. Evaluation CPS efforts to identify relatives with whom placement could be safely made.
Day 180: Intitial Permanency Hearing, Cont’d
- Evaluate the parties’ compliance with temporary orders and the services plan.
- Determine whether the current placement is appropriate for meeting the child’s needs, including with respect to a child who has been placed outside of the state, whether that placement continues to be in the best interest of the child or if any other plans or services are needed to meet the child’s special needs or circumstances.
- Determine plans, services, and further temporary orders necessary to ensure final orders are rendered prior the dismissal deadline.
Permanency hearings must occur every 120 days.
Day 270: Permanency Hearing
- At this hearing, the court will perform the same duties and tasks as it did at the 180-day Initial Permanency Hearing, the court will conduct additional permanency hearings and will continue to perform the duties and tasks at each hearing.
- The court may shorten, but not extend, the 120-day deadline for subsequent permanency hearings. §263.305
Day 360: Trial/Dismissal of Suit/Extension of Case
At this stage, the court must enter a final order, dismiss the case, or extend the deadline for the finalization of the case by 180 days if the court finds extraordinary circumstances. A final order is one that does one of the following:
* Returns the child to the parent;
* Grants managing conservatorship to a relative or other person;
* Appoints CPS as the permanent managing conservator; or
* Terminates the parent-child relationship
At this hearing, the court may instead extend the time to enter a final order by an additional 180 days from the original deadline. §263.401 (b)
Day 540: Dismiss/Return to Monitor/Trial
The case must be dismissed on the next Monday following 18 months from the date the temporary managing conservatorship was granted to CPS unless either:
* A final order has been entered §263.401(d); or
* The child has been placed with a parent or relative for up to 180 days of monitoring. §263.403
Day 720: Dismiss/Trial
The case must be dismissed, or the court must enter a final order regarding the conservatorship of the child by this date.
Attorney Ad Litem in Suits brought by Governmental Agencies
Mandatory Appointment for:
1.For a Child:
* In conservatorship or termination suits (may serve as dual-role attorney ad litem).
* In a parentage suit if the child is a minor/incapacitated and:
-The child is a party to the suit.
-The court finds the child’s interests are not adequately represented.
-The court considers genetic testing under Tex. Fam. Code §160.608.
2.For an Indigent Parent:
* If they oppose conservatorship or termination suits.
*represent DESIRES of client. “Your job is to zealously advocate for wants of the client.”
**Attorney Ad Litem in Suits Brought by Governmental Entity **
Mandatory Appointment Cont’d:
* Parent served by publication in conservatorship or termination suit
* Alleged father in conservatorship or termination suit who did not register with paternity registry (TFC 160.401) and whose identity or location are unknown
* For alleged father in conservatorship or termination suit who registered with paternity registry but who could not be served personally
* Any parent in termination suit when suit is based on parent’s inability to care for child due to parent’s mental or emotional illness.
Discretionary Appointment
* For incapacitated person in conservatorship or termination suit when person is entitled to service of process
* For parent if court issues TRO or attachment of parent’s child (temporary appointment).
Role is to provide legal services to child, incapacitated person, parent, or alleged father. Attorney/Client relationship is established.
Guardian Ad Litem
In Suits brought by Governmental entities:
* Mandatory appointment for child in conservatorship or termination suit; appointment can also be as dual role attorney ad litem.
* No discretionary appointments in these suits.
Role is to represent the child’s best interest.
Dual Role Attorney Ad Litem
- Only appointed in suits brought by governmental entities
- Mandatory appointment for child in conservatorship or termination suit unless two separate appointments have been made.
- There’s no discretionary appointment.
Role is to provide legal service as attorney ad litem and represent child’s best interest as guardian ad litem.
