In rare circumstances a lawsuit involving a foreign custody order or a Hague Abduction petition may result in a Texas court ordering a child into temporary CPS custody, if:

  •  serious physical harm or the child’s removal from the state is imminent; and

  •  the child’s parents or family members have no significant ties to the local area (for example, they do not live, work, or go to school there).

Texas Family Code §152.311External Link

Placement

The lack of a family member with significant ties to the area is what makes it necessary for a court to involve CPS. As a result, if CPS seeks to place a child with a relative or kin, the caseworker must:

  •  document the ties the person has to the local area (such as living, working, or going to school there); and

  •  provide the information to the regional attorney who facilitates contact with the original court before the placement is made.

Service Planning

All substitute care policies apply as in any other case.

If no new allegations of abuse or neglect are made, the family plan focuses on the actions that the parents are expected to perform, such as paying for foster care, providing clothing, and attending medical, dental, and psychological appointments.

Visitation

Because of the nature of these types of cases all visits with a child must be supervised by CPS staff and conducted at a CPS office, unless otherwise ordered by the court that placed the child under CPS conservatorship.