Do Kids Get Sent to a Foster Home Together?

Foster care is usually a last resort in Texas.

Yes, if possible. Texas authorities try to find a way to keep families together. If authorities believe they must remove children for safety or other reasons (more on that below), they usually try to place the children with relatives. Barring that, they place siblings together in foster homes, once again if possible. However, it is difficult to find a good foster home for one child at a time, let alone two or three at a time.

For a Ft. Worth family law attorney, a divorce or other family law proceeding is a process that unfortunately sometimes includes CPS removal actions. A lawyer is an attorney and a counselor in these situations. A Ft. Worth family law attorney advocates for parents and ensures that CPS sticks to its commitment to keep families together if at all possible. An attorney also offers solid legal advice, so parents can make the best possible choices.

Why Kids Get Sent to Foster Homes

The removal process, which varies in different jurisdictions, usually begins with a third-party complaint. Most teachers, doctors, and other professionals have a duty to report possible abuse, neglect, or other removal triggers. A nosy neighbor could also report misconduct to CPS.

Next, a CPS investigator verifies the complaint, usually by interviewing witnesses, including the family members. Most caseworkers are very professional and deliberate. However, some jump the gun in some cases.

The complaint and verification must establish probable cause in one of the following areas, if the removal process is to go forward:

• Immediate Danger: CPS investigators can remove children if they are in immediate danger, meaning there is an immediate threat to their physical or emotional well-being. This immediate threat can include physical abuse, neglect, or exposure to domestic violence.
• Neglect or Abuse: If a CPS caseworker finds credible evidence of abuse or neglect, the agency may remove the child to ensure safety. This area includes various forms of abuse, such as physical, emotional, or sexual abuse.
• Caregiver Noncompliance: This ground for removal might be the most straightforward one. Parents or other primary caregivers who fail to comply with court-ordered services, such as therapy or substance abuse treatment, can face child removal. Other scenarios include a failure to attend a court hearing or complete a rehabilitation plan.
• Inability to Provide: This ground for removal might be the most controversial one. If caregivers are unable to provide basic necessities like food, shelter, or clothing, CPS may remove the child. On a related note, abandonment, an ill-defined word, is also grounds for removal.

When removal is necessary, CPS will first try to place the child with a relative, such as a grandparent, aunt, uncle, or sibling, to maintain family connections and provide stability. If placement with a relative is not possible, the child may be placed in foster care.

In non-imminent danger situations (e.g., Mom sometimes uses drugs but is not addicted to them and never uses them in front of the kids), the investigator usually gives the caregiver(s) a court summons.

What Happens Next

Removal or not, a court hearing will be held within fourteen days to determine the next steps in the case, such as returning the child home, placing the child with a relative, or continuing foster care.

At this hearing, the judge usually requires the caregiver to complete a rehabilitation plan, as mentioned above. This plan usually includes parenting classes and other appropriate interventions, such as substance abuse counseling. This plan is designed to create a safer environment, so the family can be reunited.

Significantly, the rehabilitation plan is only the minimum requirement. To help ensure reunification, caregivers must usually go the extra mile. For example, the aforementioned mom with a drug-using issue should probably cut ties with her drug-using friends.

Work With a Compassionate Tarrant County Attorney

The CPS removal process is often complex and frightening. For a confidential consultation with an experienced family law attorney in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Convenient payment plans are available.