About Child Abuse and Neglect Child Protective Services (CPS) strives to ensure safe, permanent, nurturing families for children by protecting them from abuse and neglect while attempting to preserve the family unit. decisions regarding child removal, family reunification, or termination of parental rights). But CPS systems have improvised clever tactics to avoid ever presenting a legal case to a judge when they remove a child. CPS caseworkers take children from their homes, their schools, and from hospitals if the children have been taken for medical care following an injury or medical condition. New to the area, Crystelle took Jaymz to an unfamiliar doctor’s office to have his arm checked. Viewing safety plan choices as “options,” the Seventh Circuit declared that parents who were offered such safety plans could simply “call the bluff “of the caseworkers. CHILD PROTECTIVE SERVICES: AN ATM FOR POOR COUNTIES. That made the so-called “options” more plainly coercive. A judge in Harris County, Texas, has sanctioned Child Protective Services and ordered the agency to pay $27,500 in attorneys fees. The case of Crystelle and Joshua Hernandez, which established the constitutional standard for the lawful taking of children from their parents in the Seventh Circuit in 2011, is one of the six stories my book narrates in detail. CPS gets a bonus every time they remove a child from their home. An emergency removal is not preferred and is only acceptable in certain circumstances. One of the policy issues my book discusses is why safety plans have come to be so pervasive and so tolerated by a country that claims to treat family rights as sacred and the rights of families as fundamental. The CPS caseworker has the obligation and authority to petition the Family Court to mandate services when they are necessary for the care and protection of a child. CPS might be able to take your child for a failed drug test, but they might not be able to. Best practices and critical issues in casework practice are underscored throughout. The Hernandezes had no idea Jaymz could climb out already. In addition, the DPP has extended the remit of rape advocates on the Advocates Panel to include other sexual offences involving children. A minor scratch above Jaymz’s eye and confusing responses as to whether Joshua was home at the time of the fall led the doctor’s office called the CPS hotline, viewing the statement that Jaymz couldn’t run or climb as a “red flag” for possible child abuse. Removal without a court order: DFPS can remove a child without a court order in some emergency circumstances. There is a long history in many states of using so-called voluntary placement agreements that explicitly aim to avoid the requirement of court orders. Crystelle ran to Jaymz’s room and she saw him on the floor of his room, holding his arm. If DFPS removes a child from a parent or legal guardian without a court order, DFPS must file a SAPCR, request that the court appoint an attorney ad litem for the child, and request an initial hearing no later than the next business day after the emergency removal. CPS responds to child abuse reports. This online manual is available as a PDF. For more details, see our information on reporting suspected child abuse. Someone can report suspected child abuse by phoning the Ministry of Children and Family Development’s screening line at 1-800-663-9122. 1240 General Eligibility Criteria. The doctor told the CPS caseworker that it “didn’t look like abuse.” Indeed, the doctor said that abuse could not account for the type of fracture Jaymz had; the break could only have occurred from a fall. Legal Blog Grounds for CPS to Remove Children. The goal of removing a child from the home is to keep the child safe from any immediate harm. CPS workers’ decision making, in particular the child removal decision, has been the focus of a growing number of studies in order to identify which factors influence workers’ evaluation. As plaintiffs’ lawyers working to create a constitutional child welfare system for families, we mounted a series of cases that aimed to turn that loophole into a set of constitutional policies that would, if implemented as required, move the CPS system into a direction of affording due process to families under CPS investigation. Joshua was an Iraq war veteran and Crystelle was a stay-at-home mom. Texas. Committee(s): Child and Youth Maltreatment Section. Children are removed in two ways: With a court order obtained by CPS prior to removal or with a court order obtained following an emergency removal. The CPS caseworker also told them that they had no parental rights. 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