Texas Representative James Frank proposes a state bill to tell parents of their rights during a child abuse investigation

Nearly half a million reports of child abuse or neglect were submitted to the state hotline last year, and more than 166,000 of them were investigated. In the end, only a small part – about 9,600 children – were removed from their homes.

The above video is from ABC13’s 24/7 live broadcast.

In about 80% of investigations, allegations of abuse or neglect were unfounded. Parents involved in Child Protective Services cases are supposed to hire attorneys if they can’t afford one — and many can’t — but that only happens if the agency actually goes to court seeking to remove a child from their home.

During the investigation phase, parents are under intense scrutiny and may have to make important decisions that can greatly affect whether they keep or lose their children. But they have no legal aid, and many are so ignorant of their rights that the stakes could not be higher for their families’ futures.

Draft bill submitted by the representative of the state. James FrankR-Wichita Falls aims to increase due protections for parents involved in CPS cases. Frank, chairman of the Texas House Human Services Committee, which oversees the Department of Family and Protective Services, said he wants to limit children being unnecessarily placed in an overburdened foster care system. already under fire For the failure of children in his care.

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“We always want to make sure we take kids away when they’re in danger. But I think it’s becoming clear that, in a lot of cases, we’re removing kids and putting them in worse situations than they were in,” Frank said. “It traumatizes the child. It also causes a lot of extra work within CPS that should be more appropriate for the most serious cases. If we don’t do a great job with the most serious cases of all, maybe we shouldn’t remove children from the periphery.”

frank House Bell 730 Caseworkers may be required to notify the parents of their rights at the beginning of the investigation. Parents may have no idea why a Child Protective Services professional knocked on their door, although they can be sure that the caseworker received a report of abuse or neglect. The parent will not be told who made the call or what they said. Many of the reports come from teachers or medical professionals, but anyone can report a parent anonymously and the parent will likely never find out who made the call.

Each investigation entails, at a minimum, interviewing the child or children in the home and their parents or caregivers. Many also include home inspections, including medicine cabinets and refrigerators; interviews with neighbors and frequent visitors; and a criminal background check of everyone over the age of 14 who lives there. A caseworker can ask a judge for a court order requiring a parent to undergo a psychiatric evaluation or even access the parent’s medical records.

Parents have the right not to speak with the Palestine Police Department investigators and to deny them interviews with their children. But children’s public schools can go directly to a child’s school and talk to children without parental consent. Often, parents learn about a CPS investigation when their child comes home from school and tells them they’ve been interviewed.

SEE ALSO: Family of 6-year-old ran marathon visited by Child Protective Services, parents speak out

If the bill passes, caseworkers would need to notify parents of their rights, including that they can refuse to share medical records or submit to drug tests, and that they have the right to consult with an attorney. If parents refuse to be interviewed or leave caseworkers in their homes, the bill would also require DFPS to show probable cause, a step above the current standard of “good cause,” to obtain a court order.

“Parents in this state do have rights, under the law and the Constitution, but they often don’t realize at all what those rights are at this point,” said Cindy Diar, director of the Texas Rio Grande Legal Aid Family Advocacy Project. “That’s why so much is happening at that point unchecked – completely unchecked – and the things that are happening are very worrying.”

The legislation would also place limits on “parental child safety plans,” under which CPS requires parents to voluntarily sign agreements for their children to be watched by someone else, usually a family member, rather than CPS suing the parents. Legal advocates These agreements have been described as coercive, and questioning how voluntarily if there was an implied threat of children being transferred to foster care. The bill would limit the amount of time such a safety plan would be in effect and would require the state to report every use of such agreements.

Frank says the bill is the latest attempt by a bipartisan coalition of state lawmakers to limit access to the state’s scandal-plagued foster care system. In 2021, during the most recent legislative session, lawmakers on both sides of the aisle passed a law Define neglectresulting in fewer children being sent home, Frank said.

The proposed changes reflect a broader push in Judicial authorities Attention across the country has focused on the fact that child protection cases are taking place in civil courts. Case workers often do things like Searching homes without permissionNot allowed in criminal cases.

SEE ALSO: “I’m failing these kids,” says the head of the state’s foster care system

“Removing a child is one of the most powerful measures a police can take,” Frank said. “I mean, put me in jail for a year, don’t get my kid out, right? However, we have all kinds of checks and balances on going to jail for any length of time. That’s right. We have checks and balances and we have due process. But turning kids away? There are procedures sound, but not nearly as consistent.”

A DFPS spokesperson declined to comment on the bill, but noted that the current handbook requires caseworkers to give parents A guide to the investigation process, which includes instructions on how to file complaints. Better legal protections also benefit caseworkers, Frank said, who are often put in difficult situations and could use clearer guidelines for what the law allows. Frank said this protection helps not only parents, but their children as well. “It’s not like parent versus child,” said Frank. “We owe it to the child to have due process – in my estimation, this is as much protection for the child as it is for the parents.”

When Anita, who didn’t want her last name published because of the stigma associated with being involved in a CPS case, first encountered a CPS caseworker, she was a stressed-out young mother of several young children. The investigation resulted in a safety plan, which Anita signed, obligating her to allow only approved adults to view her children. At one point, needing to go to work or risk losing her job, she left the children with their father, who was not a certified caregiver.

Anita said she didn’t realize her decision would lead to her children being taken away. “They come in and say all these things, and you don’t really know what they’re talking about,” she said. “They don’t really go over the guidelines with you on those kinds of things. So there was a lot of confusion on my part.”

It wasn’t until after her children were removed that Anita was hired as a lawyer, well after her dealings with CPS. She followed her case plan, and her children were returned to her care. But she is still confused about what happened. “I felt like I didn’t really know my rights at first,” she said. “It was only after that whole experience that I learned them.” The Family Advocacy Project, which focuses on early representation for parents involved in investigations, takes referrals from clients in the same 68 provinces As its parent organization, Texas Rio Grande Legal Aid, it is one of the only organizations across the state focused on early advocacy for parents in CPS cases. Dyer, the principal, said there are plenty of cases where a lawsuit could have been avoided if only parents had understood their rights earlier.

“People like to put stereotypes and things like that on anyone involved with CPS — there’s a lot of, ‘Well, if you’ve got nothing to hide, why don’t you cooperate? “And they really have no idea what it feels like to, out of nowhere, CPS show up at your door.”


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