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A NEW WEAPON FOR CPS DEFENSE ATTORNEYS

Texas CPS has to work a little harder now to confiscate children.

Texas CPS has to work a little harder now to confiscate children

Texas CPS has to work a little harder now to confiscate children

A brand new statute (enacted September 1, 2017), Texas Family Code §262.014, requires Texas’ Child Protective Services (CPS) on the request of the parents’ attorney or children’s attorney ad litem, to provide – prior to the adversary hearing*:

  1. the name of any person, excluding a CPS employee, whom CPS will call as a witness to any of the allegations contained in the petition filed by CPS;
  2. a copy of any offense report relating to the allegations contained in the petition filed by CPS that will be used in court to refresh a witness’s memory; and
  3. a copy of any photograph, video, or recording that will be presented as evidence by CPS.

I spoke with a CPS regional attorney who stated that they’ve had discussions about the statute, but there’s no official procedure in place other than “we’ll respond when we get a request.” The ‘when and how’ will be a work in progress. I envision these documents being handed to me as we approach the bench for the hearing, which will be unacceptable objection bait.

I’ve created a form for the discovery request, which I’ll be happy to share with anyone who asks. No strings attached. I’m just nice that way.

*The adversary hearing, aka the show cause hearing, is a hearing that must take place within two weeks of the child’s taking by the State. In that hearing, CPS must “show cause” as to why it took the child and why it should keep that child prior to final trial on the allegations against the parents. This hearing is the parents’ first practical chance to defend against CPS’ allegations against them.

127 Comments

    • Sue: I’m not sure what you mean, “if this was followed.” Followed when, and by whom?

      • in the case that CPS filed against me, it began in June of 2020, and this past week I filed my pro se brief in response to the second court appointed attorneys Anders brief. I have oodles of stuff to use against them, but one more wouldn’t hurt.

  3. I have a non-emergency adversary hearing on Tues. June 9th. May I please have a copy of the request for documents please?

  5. Can I get a copy of the discovery motion please thank you and God Bless

  6. Can I have a copy of the motion please or a couple motions I have trial july 6 and I’m representing myself. with these corrupt judges attorneys and social workers

  7. Please send me a copy of discovery form. I am on my 2nd court appointed attorney that has done nothing to help me in this fraudulent case brought against me by cps. They kidnapped my 2 boys. I just passed the 1 yr mark and case was extended till May for trial. I am afraid my time for me filing for discovery has passed or is running out.

    • Mr. Mack:
      Unfortunately, the discovery form would do you no good at this point. It is a discovery device used prior to the show cause hearing.

  10. These snakes are not following the law even when compelled to do so. In our case, the judge enabled opposing parties (Attorney Ad Litem and CPS) to conduct untimely discovery. We had evidence that the Statewide Intake forged allegations to create harm in order to initiate contact. We also submitted evidence that the therapist was being paid by the foster care parents, not her Medicaid, as is policy. We refused the service plan because CPS entered fabricated personal problems, literally non-existent problems that their own professional contractor reports discredited. We formally objected to this plan several times. They did not modify or even attempt to make reasonable efforts to develop an honest bases for services. We preserved all of this for appeal and even the appellate court was very dishonest. Appellate court says we have to preserve the issues with service plan and we did! Through objections, motions, etc. The appellate court even lied about the modified findings of fact and we filed everything timely! It was absurd. Now I’m really wanting to start a suit and get to the gravamen of the complaint and the forged allegations because this should not be happening. They could not even produce specific conduct by me or my daughter’s dad that consisted of neglect. They used the typical (d)(e) and (o) B.S. as they do with most.

  17. May I please have a copy of the discovery. I am also interested in your services. My grandchildren were removed yesterday. Thank you in advance.

  18. May I please have a copy of the discovery. My email address is laraeliza8@gmail.com. I am also interested in your services. My grandchildren were removed yesterday. Thank you in advance.

  27. May I please have a copy of this? Thank you for all you do!!!! I, along with many, many other families, need someone like you on their side!! God Bless You and Yours!!

  31. Can you please send us a copy? Our show cause is on August 7th. I am so happy that we will have something to help us fight.

  34. Wow 7.5 yrs after my grandchildren were taken by a Harris County TX court found out the ppl they let adopt them is a pology mist group in Bandera. I found out from their family member because she was afraid for the children. Sexual abuse and beatings one of the boys is in a mental institution just turned 10. I’m trying to find serious help. Went to Bandera they were on the front page of the Bandera Bulletin Wed May 17 2017 little over a year ago. The people were arrested but out on bail the same day. My fear is they are in CPS custody but it’s there. Please if there is any help out there.

  36. I need a copy of the discovery motion too I’ll please ! My address is 6109 Aldrich rd, Ferndale ,we 98248

  44. Can you email the form to me? hhicks13@gmail.com
    I wish I would had read this 9 months ago CPS wouldn’t had taken my children from me as easy. They have yet to prove why they took them in the first place. All because I thought I didn’t have anything to hide. I wasn’t worried about them coming in my home and investigating us. When you walked in my home you could feel the happiness of my children and see they were truly loved. CPS took my children because I was an easy target. Parents need to be more aware of their rights and the do’s and don’ts when it comes to CPS and the law. I sure wish I did.

    • Same thing here with my Grand Daughter. My daughter is a single mom with a bad record and I think they targeted her and the investigator made up lie after lie in her statement to the judge about my husband and me and no one would listen to us. The investigator then quit and no one was checking on us for 2 months putting us behind even further! We paid several thousands of dollars to an atty that pretty much did nothing. It’s going on 7 mos here. Hope we are able to get her back soon! Good luck to you Heather!

  46. This form is only good for cases prior to the initial emergency and/or non emergency hearing. Once the child is in care and adversary hearing has been completed, this form would have no purpose, am I correct?

  54. Mr. Chris Branson Thank You in Advance for Your Service in Providing This Document . I too would appreciate a copy of your discovery request. Have a Wonderful Day and Success for all You represent.

  55. I would like a copy of this also. My daughter and her husband in Cumming, Georgia had their four children from them five months ago. The CPS people are treating the parents like slaves. Where are the Parents Rights????? They also are brain washing my little two year old Locklyn and teaching her bad words. My daughter and her husband are broken-hearted. This is America not some other country. My email addess is: glheckman@juno.com Blessings.

    • Can I please have a form? And anything else that can make them understand that CPS took my daughter illegally. Thank you

  57. Definitely contact the CONSUMER AFFAIRS for CPS complaints with each complaint – they have p# & email also. Horrible situation.

    PS Mr Branson – I haven’t gotten that form yet? Thank you!!!

    • Sherry:

      I sent the form on 11/6/17. I sent it again today. Please check your spam filters. Chris Branson

  60. I would like a copy of the form please and thank you. It’s been almost 2 years and I’m still fighting. They take advantage of people who can’t afford an attorney. It’s heart breaking. slwoehle@gmail.com

  64. Can u send me a copy please and my son has court In the 30 canton tx there trying to adopt his daughter its been well pass 18 months and he has agreed on any thing is this grounds for dismissel and are u free on that day

  66. please email me a copy. This sounds very useful for me. thank you for your insight. I’ve searched everywhere and this by far has been the most helpful site for unnecessary cps involvement. we surely are guilty until proven innocent in thier eyes even if we’ve done absolutely nothing!

  67. I would LOVE a copy please!!!!!

    Joyfullife4u@aol.com

    In our circumstance – we adopted 3 of 7 with the other that went to a distant cousin – we had a truly damaged Foster and it went down hill after his removal 2weeks ago Mon (cut his own hair and we misunderstood the haircut correction & keep hair – we shouldn’t have?) The 2 foster toddler & babe removed Tues and then they took our 3 adopted and moved them with siblings and distant cousin!!!! We got in over our heads with 5yr old and now deal with having to get our kids back aaaahhhhhhh

    • That’s terrible! Good luck Sherry! I hope you are able to get your children back home. This is just heartbreaking to see all these posts about this subject. It’s Christmas and it sure doesn’t seem like it at my home. I won’t even get to see my Granddaughter at all for Christmas. My daughter only gets to see her on Christmas Eve for 3 hours. Last I remember Santa comes on Christmas morning. We are just going to keep pretty much all of her gifts at home and then we will have Christmas in April when she is home. It just breaks my heart though to think of her not being here. ☹️ Try and have a Merry Christmas. ?

  71. Hi may I please get a copy of your form? Debbiejross@icloud.com. Also if I could ask you – what happens when the investigators filed report is full of nothing but lies? The investigator on my daughters case says that her statements are certified “TRUE”… nothing after saying to the best of her knowledge. There are quotes throughout the report where there are blatant lies but she has “quoted us” and certified true. I was told that a judge will still give a sworn statement by the investigator a lot of weight!! Makes no sense when it’s a lot of lies. Thank you

    • Most judges do give the sworn affidavit too much weight, and assume truthfulness. In CPS court, you’re usually saddled with the burden of proving the CPS witnesses false. Yes, that’s the exact opposite of what the law says, but in many courts that’s the reality nonetheless.

  78. How does someone without money for an attorney get the courts to pay attention to the fraudulent paperwork that I already brought to the notice of 1 of the 6 judges?

    • I know this sound self serving, but CPS courts chew up parents who don’t have attorneys. Do what you need to do to get one.

      • Amen! So true! These parents and other family members do not understand what they are getting ready to go through when CPS is or gets involved in their lives. They need the utmost help and attention it requires to “get the children back.”

  81. Do you know if there is anything new in Kentucky that can help me with my family court case. Or where I could locate new info to get my daughter back home?

    • Sorry, no. But call my office. My assistant, Janis, may have a resource that will point you in the right direction at least.

    • There are too many false accusations, and judges do not give fair hearings. Parents go months to a year fighting removals based on hearsay and narratives.

  90. I would appreciate a copy of your discovery request.

    Also, I tried to find the specific statute online to review that language. However, I could not find a section 262.014. I was only able to find up to 262.011. Can you provide that text or a cite where I can find it?

    I guess this means I really do need to go ahead and get my 2017 Family Code. lol

  93. I would like a copy of the pre adversary discovery documents if it’s not too much trouble. I handle quite a few CPS cases in the Valley.

  94. Thank goodness!! Fraud has ruined children &families lives!! Taxpayers also have to pay due to the greed, as in bonuses , unnecessary drug tests, counseling, payments to CPS attorneys, foster care, daycare, parenting classes…….most cps workers don’t deserve children or grandchildren due to their evil , greedy, unethical ways. Wonder how they would feel if their kids or grand kids was in foster care?! Enough is enough!!

    • amen!!!! going thru this now in Parker County TX and the investigator’s report is so full of lies that it is almost laughable except that my 3 year Grand Daughter was “voluntarily” placed with a family member on 9/1. We were made to believe that my daughter (both my daughter and the baby live with me and my husband) HAD to do it and it had to be right then and there. Never knew we could have just said NO and it would have been a whole different story. Placement home was not safe for her which the investigator approved and we had to take her from that home on a weekend and tried reaching the investigator to no avail. Now we are being punished and have been restricted from seeing my Grand Daughter because we helped. When asked why we never got a call back or a text back from the investigator, I was told – We don’t work weekends. Wow! So the kids who really need the most help are pretty much sol on the weekend.???!! Disgraceful!

      • I just read your story. I too am a grandmother whose gr daughter made an outcry against her dad for sexual abuse. The amicus attorney ordered by the judge sided w the dad and restricted me from my grandkids just because I reported the outcry! Courts and all who get involved just cause more trouble and distractions, and the poor children are forgotten! So sad!

        • Oh my goodness. I’m so sorry to hear that! We still don’t have my Grand Daughter back in my home. She’s been gone for 3 1/2 months and I’m literally dying here! Now my daughter was ordered to do 3 months in patient rehab so it will be at least 3 more months before she can come home. Now my husband and I have even been restricted from seeing her at all. It’s so sad and all she talks about is how she wants to go home to Nanas Home! It makes me cry every day and I can only wait until she can come back home and then try and make it up to her. All because of some investigator who put all kinds of lies in the report. It isn’t fair to the baby and it isn’t doing any good for anyone. ☹️ Hang in there. I hope your situation gets better for you.

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