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Wednesday, July 27, 2011

Will Your CPS Service Plan Efforts Count?

Parents, if you are working a CPS service plan to have your kids returned to you, please make sure that what you are doing will actually count.  A Court of Appeals in Texas recently upheld a termination of a mother's rights despite the fact that her life had improved after the case began. The mother had:
  • completed parenting classes and substance abuse courses,
  • received her GED,
  • had a psychological evaluation,
  • maintained contact with CPS, the caseworker, and her children,
  • held down a job,
  • secured housing, and
  • continued counseling sessions on substance abuse, parenting skills, and anger management.

While there were many other detrimental factors to the mother's case, the court took note that a "CPS employee testified that the course materials used did not have the scope or depth that CPS finds necessary for the children's return to the parent." This mother lost her twins to CPS care.  In the Interest of N.K., N.K. and C.K., No. 09-10-00277-CV (TXCA9).

Lesson Learned: Even if CPS signs you up for the class, verify that class completion will actually count towards your service plan.  This is your responsibility, not CPS.  Even better, have your attorney examine CPS about the service plan on the court's record. Time is of the essence.