Portrait of John K Grubb

Texas Divorce and Prenuptial Agreement

5005 Riverway Drive, Suite 450 • Houston, Texas 77056

Phone: 713-877-8800 • Fax: 713-877-1229

Texas Child Protective Services Fined $32,000

Throughout the country, Child Protective Services (“CPS”) are responsible for investigating reports of child abuse and neglect. CPS moves children from abusive situations by placing them in foster care or with adoptive families. It goes without saying that CPS does a lot of great work in helping children get away from terrible situations.

CPS does not always get things right, however, and a judge recently sanctioned the Texas CPS for acting aggressively in the absence of compelling evidence. He found CPS’s actions so egregious that he ordered the agency to pay the family’s $32,000 in legal fees.

The case involved two premature twin girls who were born last December. Their parents had been taking them to the hospital on a weekly basis because they were concerned about the girls’ weights (one was under five pounds, and the other was six pounds). The girls later received treatment at the Texas Children’s Hospital, where x-rays revealed that they girls had healing rib fractures.

Doctors called CPS, which asked the family to let their children live with in-laws while its investigation continued. In the days afterwards, CPS – without informing the parents or their attorney – had an emergency child custody hearing at which CPS received full legal custody of the children.

The problem was that the evidence of abuse was not strong. The premature girls could have suffered their injuries when their parents simply picked them up. There was no evidence of internal bleeding, nor any indication of when the injuries occurred. As a result, CPS acted in bad faith and behind the backs of the girls’ parents, their attorney and the court in obtaining the emergency custody order, the judge found.

Of course the best part of the judge’s ruling for the little girls’ parents was that he ordered the girls to return home with their parents. Have you been involved in a dispute with Child Protective Services over actions you felt were unlawful? You may wish to contact our Houston child custody lawyers.

John K. Grubb & Associates, P.C. – Houston divorce lawyers

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