Regardless of which standard for removal applies, DFPS begins a suit affecting the parent-child relationship (SAPCR) by filing a petition.

The petition (sometimes called a pleading) tells the court, the parents, and any other party, that DFPS:

  •   is requesting the authority to care for a child temporarily; and

  •   may request termination of parental rights, if efforts to reunify the family are not successful.

The process of preparing to file a suit affecting the parent-child relationship requires close cooperation between the caseworker and the attorney representing DFPS.

The caseworker drafts an affidavit that provides the facts and evidence. The attorney representing DFPS uses the facts and evidence in the affidavit to show the court that DFPS is entitled to the specific court order that DFPS is requesting;

The attorney also generally:

  •   prepares the petition; and

  •   files the petition and affidavit with the court.