FAC FIGHTING CPS IN TEXAS

FAMILIES AGAINST CORRUPTION FIGHTING CPS IN TEXAS

FAC FIGHTING CPS IN TEXAS is a social network

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254 COUNTIES OF TEXAS

254 COUNTIES OF TEXAS:

with accessable links, from the webpage:  http://texascounties4u.org/websites.html

Texas Counties 4U! Texas County Services

Texas County Map

Texas Counties Listed in Alphabetical Order

If the county name below is in blue,…

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Created by LisaNJGfivsix ForJustice Dec 18, 2009 at 11:45am. Last updated by LisaNJGfivsix ForJustice Dec 18, 2009.

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Created by LisaNJGfivsix ForJustice Nov 27, 2009 at 12:21am. Last updated by LisaNJGfivsix ForJustice Nov 27, 2009.

Forum

Christopher

it is time to unite Texas 6 Replies

We need to start figuring out how to start meet up groups and help one another and refer lawyers and other activie groups- In Dallas we have the Family Resource center who well help you propair your…Continue

Started by Christopher. Last reply by Katrina K Sep 6, 2010.

Katrina K

my boys facebook page

I would like to show you all my kids facebook page. it does have cursing in it. They dont curse with me but all they have been threw if thats as bad as they do then Im blessed.. anyway wannted yall…Continue

Tags: CPS, mom, kids, facebook

Started by Katrina K Jun 8, 2010.

Blog Posts

Katrina K

My 17yrd in an adult jail for 2 weeks

I dont even know were to start other than my spelling bites when Im on a rampage like this ok it just bites altogether anyways my son had ran away from a halfway house in dallas. well now let me go back 2 year and we will pass the 8 years of He** this poor child has been through. CPS came out because my husband at the time had popped one of his kids not my kids any ways they came out 4 days after we was married trying to be a happy family and for some reason thought CPS would leave us alone… Continue

Posted by Katrina K on September 6, 2010 at 3:38am — 1 Comment

cheryl

We are out of the closet!!

Lisa says this is now public since the NING network wants money to allow us privacy. HHhhmmm almost sounds like an extension of CPS abuse doesn't it. However on the other hand several attorneys have said that what has happened to us needs to be made very public since the attorney cannot break confidentiality to move this forward.
Let us see now ,what will happen as our histories become public domain.
Find you Kevlar undies and let the games begin!!
Cheryl

Posted by cheryl on September 5, 2010 at 9:10am — 1 Comment

cheryl

Hope fights

The abuse of families continues. A coworker had her 2 girls snatched despite jumping through a million hoops,she is now told she must get rid of her husband. They are struggling to deal with cost of attorney and grief. Please pray for A and B.

CPS wants more money,hmmm, I don't think so. What do you think?

I am still fighting for Joanna, Jacob is still struggling to deal with the residual trauma and ongoing of having mom fight so long and hard.

I wish everyone peace and strength… Continue

Posted by cheryl on August 25, 2010 at 11:45pm

cheryl

Strong Medicine

So much in CPS is intended to destroy us and our families. We are all hurt and bleeding from our very souls.
I found a song that is strong medicine for my soul,see what it does for yours.
I found a on line magazine that I have not fully explored it but has value.
Do not give up, do not give in. Listen to the song again.
Peace to all.
Cheryl

Posted by cheryl on June 8, 2010 at 5:21pm

IMPORTANT ADVOCATES:

PARENTAL GUIDANCE CENTER:
http://www.parentguidancecenter.org/web/

A guide from The PARENTAL GUIDANCE Center: " If you are under investigation by CPS OR if your child has ALREADY been removed from your home by CPS, then immediately download this guide:
"A Family's Guide to the Child Welfare System"
http://www.tapartnership.org/content.php/ChildWelfare/resources/AFamilysGuideFINAL%20WEB%20VERSION.pdf

webpage for an attorney, Jerri Lynn Ward
http://jerrilynnward.com/

COUPLE WHO KILLED CRYSTAL RAMIREZ FOUND GUILTY

BREAKING NEWS: Couple found guilty

http://www.gonzalesinquirer.com/articles/2009/02/09/news/news01.txt

Editor’s note: A jury Monday afternoon found Bettie and Ruben Ramirez guilty of murder, child neglect and child abuse. The case went to the jury in the early afternoon and the verdict was read before 3 p.m. The jury then went back behind closed doors and began the sentencing phase of the trial. The story which appears below was written this past weekend and will appear in our Tuesday edition. We’ll have more on this case online by Tuesday and complete trial coverage will appear in our Friday edition.

Heart-wrenching testimony: Witnesses say Crystal beaten and starved

By NIKKI MAXWELL/news@gonzalesinquirer.com

The trial against Bettie and Ruben Steve Ramirez for the abuse and murder of their adopted daughter Crystal Ramirez, 8, and the abuse of her older sister Cassandra, began last Monday and continued through the week with more than a dozen witnesses testifying for the prosecution.

The first witness was Gonzales County 911 operator Diane Taylor, who received Bettie Ramirez’s 911 call Aug. 23, 2007, the day Crystal died. The next witness to testify was Kenneth Schaeur, a member of the Belmont Volunteer Fire Department since 1989. Ruben Ramirez was a volunteer fire fighter and he had worked with Schaeur at the fire station for several years.

“The last time he was active was 2004. We understood that Bettie didn’t want him to associate with the fire department, for what reason I am not sure,” Schauer said. On Aug. 23, “A page came over that there was someone at the fire station with a young victim. I was the first one to get there and Steve was in the pickup. The child was in the back seat.”

During his testimony, Schauer said despite Ramirez’s training as a fire fighter, he was not attempting Cardio Pulmonary Resuscitation (CPR) or any other life saving attempts.

“We are considered a first responder and trained in CPR,” said Schauer. “But he was standing outside the vehicle.”

Schauer said Ramirez seemed upset as he began to examine the girl for life signs.

“I observed that the child had no pulse and respiration and she was cold to the touch.”

He began CPR and shortly after that, the Belmont fire chief arrived.

“I did chest compressions, but there was no response. We did it until paramedics arrived and they took over and put her in an ambulance and hooked her up to monitors,” Schauer said. “I was watching and he (Ramirez) was concerned. He said something to the effect of, ‘She’s gone.’”

Schauer said Crystal had a small T-shirt on backwards, and saw bruising on her legs and arms, and around her wrist and ankles.

“It was circular bruising. I didn’t ask Steve about that but he noticed I was looking and he said ‘these kids are always playing cops and robbers and tying each other up.’”

Schauer testified that he saw Bettie Ramirez arrive at the fire station.

“She was upset and crying, but I didn’t talk to her.”

District Attorney Heather Hollub asked him if he had seen the girls with the Ramirez’s.

“They live two miles from here and I never saw the girls with them, but I saw the boys.”

The boys he referred to were the Ramirez’s adopted sons, Charles, 7, and Steven, 18.

Bettie’s defense attorney Nate Stark cross examined the witness, asking him about the medical care available in the Belmont community.

“So if a citizen needs to get emergency medical care, BFD has CPR trained people?” asked Stark.

“Sometimes, but we are volunteers so someone isn’t always there,” said Schauer.

“I assume that as a first responder you have seen people who are deceased?”

“Yes,” said Schauer.

“In your opinion, was the child deceased?”

“Yes.”

Steve’s defense attorney Robert Caine took his turn at the cross examination and repeated the questions about medical care available at the fire station and the distance to the Memorial Hospital in Gonzales from the Ramirez home. As Schauer he spoke, sirens screamed from the Gonzales Fire Department across the street from the courthouse. The courtroom fell silent.

The state’s next witness was James Russell, executive director of Gonzales County EMS, who answered questions about his staff, facilities and training.

“We have 19 EMT’s and paramedics, three ambulances in Gonzales, two in Nixon, and one in Waelder,” said Russell.

“On Aug. 23, at about 3:21 p.m., I got paged out to Belmont Fire Department for a female who was cold, unresponsive and not breathing,” said Russell. “While we were out we were notified by radio by the fire department to call them by phone, but we were unable to. When we arrived on the scene, Brian Schauer and his dad were performing CPR on the tailgate (of a truck). She was wearing a T-shirt and a diaper. She had obvious signs of death and her extremities were stiff.”

Russell said Crystal’s eyes were sunken and her pupils were dilated.

“Dilated eyes mean no neural activity to the eyes, and no pulse,” explained Russell. “Her mucus membranes, mouth, nose and eyes, were all exceptionally dry. That means no fluid or blood flow in quit a while. You usually see this in acute dehydration.”

“Is this the sort of thing you see on a new dead body?” asked Assistant District Attorney Carrie Moy.

“No, you usually see a luster, but there was no shine (in her eyes) at all.”

“In your opinion was this acute dehydration or was she dead for several hours?” asked Moy.

“Maybe both,” Russell said.

He went on to describe her body and the ligature marks on her right wrist, and her ankles, and how they went all the way around.

“She was excessively malnourished, her knees were drawn up and she was ‘hands to chest,’” he said. “She looked like she had MS (Muscular Sclerosis). She had a flat line (on the monitor) and there was no electric activity in the heart.”

Moy asked him if he had noticed another child there at the fire station.

“The other small child also appeared to be malnourished,” said Russell.

He said he asked Steve Ramirez about what had happened and Crystal’s medical history.

“He said he went in a room and found her, and he didn’t know her medical history. He said that she had fallen off of a trampoline recently and had diarrhea for four days,” said Russell. “He also suspected that she had taken some of their (parents’) medication.”

Russell said he spoke to Bettie when she arrived and that she seemed to be frustrated.

“She had a ‘deer in the headlights’ look,” said Russell. “She said, ‘my daughter is a drug addict, and we just got her.”

Russell said he asked her what was wrong with her (Crystal) and she said ‘we did the best we could.’

“This didn’t happen in the matter of a couple of days, it was a long term thing. I was trying to find out if she (Crystal) had cancer or MS,” said Russell. “They just kept saying her mother was a drug addict.”

Stark then cross-examined Russell, asking him about Crystal’s appearance.

“Crystal was skeletal looking,” Russell replied. “When a person is in a position for a long period of time, like bed ridden, their limbs become stiff. Her skin was cold, she was dry and her arms and legs were stiff.”

Russell said that he grabbed underneath her shoulders and his partner grabbed under her legs to lift her small body and carry her inside the fire station.

“I wanted to get our ambulance available for the next call, so we moved her,” said Russell. “I stayed until the Sheriff arrived and gave my report.”

Searching the home

The next witness for the prosecution was Patrol Sgt. Jeremy Belin of the Gonzales County Sheriff’s Office. He has been a licensed police officer for six years and his training included courses in child abuse. He was not on duty Aug. 23, 2007, but was called in to go to Norma’s House in Gonzales that evening at 6:30 p.m. Norma’s House is a facility used by law enforcement, CPS and other agencies to interview alleged victims of child abuse in a safe and comfortable environment.

“When I arrived, members of the Ramirez family were there. I was informed that there was a death and I was told to go to the scene to take photographs and look for anything out of the ordinary,” said Belin. “Mr. Ramirez gave permission to search the house.”

District Attorney Hollub presented the court with a copy of the signed search warrant, authorizing a search of the home and outbuildings on the property.

“I went to the home with deputy Law and Ruben Ramirez. I took photographs outside and throughout the house,” said Belin. “There was a lot of trash and rotten food left out. The walkways were unclear.”

Defense counsel and Judge Kirkendall examined the photographs.

“It smelled like a dump, and I saw rat feces in the kitchen and there was rotten food with mold in the living room,” said Belin. “I had to walk through the master bedroom to get to a smaller room.”

That room was Crystal and Cassandra’s bedroom.

As the actual door from the girls’ room as brought into the courtroom, the jurors stared at it and looked stunned. A cow bell rang as members of the DA’s office carried it in. The top third of the door had been cut off and a pet gate had replaced it. Small bells were attached to the gate and a cow bell was on the door knob.

“This door is solid and reinforced,” said Belin. “On the other side of this door was a lawn chair, a car seat, a night stand and two twin beds. The beds did not appear to be used.”

Then Belin described the lawn chair found in the bedroom.

“I noticed it had padding with a piece of wood underneath it, the sheets had some type of fluid on it like blood, and a bucket was under it with fluid in it,” said Belin.

Hollub then showed the jury a photograph of a package of diapers, and a car seat also found in the room.

“Did you find it strange to have a car seat in an eight and 10 year old’s room?” She asked him.

“Yes, I did,” Belin replied.

The DA asked about other photographs of the room, showing wear on the headboards of the twin size beds.

“Were there any toys in this room,” she asked Belin.

“No,”

Then Hollub unfolded the lawn chair (found in the room) in front of the jury.

She asked Belin about Steve Ramirez’s behavior as he searched the home.

“He showed no emotion about his daughter who had just died, did he?” Hollub asked.

“No. He spoke about Steven (adopted son, 18) going to college,” Belin replied. “He seemed very proud about that.”

Hollub then entered six rolls of packing tape into evidence, all found in the Ramirez home (in the girls’ room and the master bedroom) by Belin.

“Did you find it odd to have so much tape in the house?” Hollub asked him.

“Yes,” Belin said.

The house had two more bedrooms, and he said, “You couldn’t walk around the bed in one of them.”

He said there were Legos in one room but, “they appeared to be boy toys.”

Stark cross examined Belin and asked him if he was instructed on what to photograph.

“I was told to photograph everything,” said Belin.

Stark asked Belin to walk over to the girls’ bedroom door and asked him if her thought a person who was 5’4” could see over the door through the pet gate.

Hollub objected, “That calls for speculation.”

Stark retracted the question, then asked Belin if he had opened the locked cabinets in the girls’ room and if he knew if there were any toys in there. Belin replied that he did not open them.

“Did Mr. Ramirez tell you that the cot (lawn chair) was where his wife slept when she took care of them (the girls)?”

“I think so,” said Belin.

He asked him if the condition of the home and what he saw would have caused him to investigate it if he was there the day before.

Hollub objected on grounds for speculation. It was sustained.

“Did Mr. Ramirez tell you why he had a door like this,” Stark said.

“No, and I didn’t ask,” said Belin.

Caine asked Belin if he saw animals on the property, and he replied yes. Then Hollub redirected the witness, and asked him if Steve had brought him anything while he was at the property.

“While I was parked outside the gate of the home hours later, Mr. Ramirez drove up and said he had something to give me,” said Belin. “He asked me to come inside and got the cane from behind the dresser in his bedroom.”

Hollub also asked him about some plastic chair legs that were found in the girls’ room. She showed photos to the jury of a cable style bicycle lock found on the girls’ night stand, then produced the actual lock for them to examine. She pointed out that there was hair stuck to some tape on the lock. She then asked Belin of his impression of the room.

“The room appeared to be cleaned up, more organized than the rest of the house, as if someone tried to make it look better,” he said.

Hearth-wrenching testimony

The next witness for the prosecution was Gonzales County Sheriff’s Office Chief Deputy Dennis Richter. “We received a 911 call at 3:20 p.m. saying a girl was not breathing,” said Richter. “When I arrived at Belmont Fire Department I saw the body of Crystal Ramirez. She was wearing a diaper and a T-shirt. There was bruising on her face, her back, all over. She was tiny to be eight years old.”

Richter photographed the body from head to toe. The DA asked Richter to describe the content of each photograph as the jury reviewed them.

“You can see in the first one that her ribs are pronounced, in the next one her hair looks like it was pulled out,” said Richter. “In the next few photos you can see her legs, feet, and ankles and lines like ligature marks on them. She had swollen feet, they were blue and bruised and the toenails looked mashed.”

Richter said her legs were bent and stiff.

“It appears to me that she may have died in that position,” Richter said. Her right shoulder was bruised and she had ligature marks around her rib cage. She appeared to be very malnourished.”

He said he turned her over to take a full length picture and noticed bed sores on her back.

“Some skin was missing under and around her diaper and she had sores in different stages of healing,” Richter said. “She reminded me of someone who was bed ridden in a hospital.”

The photos showed ligature marks on her wrists and swollen fingers.

“She had sores and bruises on most every part of her body,” said Richter.

After taking the photographs, Gonzales County Sheriff Glen Sachtleben told him Crystal’s older sister Cassandra Ramirez, 10, had marks consistent with Crystal’s. The ligature marks were in the same places on her body. He said that’s when they asked the family to go to Norma’s House.

“Charlie, 6, the little brother, looked fine,” said Richter. “Cassandra looked malnourished, very thin and her clothes didn’t fit. They were way too small.”

He said Cassandra and Charlie were interviewed at Norma’s House separately in a room while authorities monitored the interview from another room in the house. Bettie and Ruben Steve Ramirez waited in a family area in the house.

“Cassie had answers for everything about what happened to Crystal, but not about what happened to her,” Richter said.

“Is it better not to have them (parents) at Norma’s House during questioning of a child?” asked Hollub.

“Yes,” replied Richter, stating that the child may feel intimidated and not be honest.

Hollub then asked Richter about an interview with Ruben Ramirez at the Gonzales County Sheriff’s Office, Aug. 24.

“During the interview with Mr. Ramirez, he said he had hit Crystal and said he taped the girls up in their room using mono filament tape,” said Richter. “He said they had behavior problems and that they were stealing food, candy and sweets at night and had pooped on the floor and smeared it on the wall.”

Richter said that during Bettie’s interview at the Sheriff’s Office, after her husband’s, she said that Crystal had diarrhea and had fallen off a trampoline a couple of days before her death.

Richter said they spoke with the oldest son, Steven Ramirez, (18 at the time), who said his parents taped the girls up and restrained them and that he had cut them loose a few times.

Richter testified that he attended Crystal’s autopsy in Austin.

“After the autopsy, was it your belief that you were dealing with a homicide?” asked Hollub.

Looking very upset and haunted by the memory of the girl’s death, Richter said yes.

“When I saw Mr. Ramirez after the autopsy he said to me, ‘It was bad, wasn’t it?’”

Hollub asked the Chief Deputy about other items found in the home including a lawn chair with tape stuck to it, and the boarded up window in the girls’ bedroom.

“Could someone see outside or get fresh air?” Hollub asked Richter.

“No, ma’am,” he replied.

He also explained how the girls’ closet was tied up, preventing access to any toys inside.

“The room smelled bad and it was very disturbing how it was arranged,” he said. “The lock was on the outside of the door.”

Defense attorney Caine cross examined Richter and asked him a very direct question.

“You say the girls’ bedroom disturbed you, but there were no wire racks and thumb screws in the room, were there?” Caine asked.

“No, but that door was disturbing!” Richter answered as he pointed towards the door in the corner of the courtroom.

“Did you find it odd that the room was so clean compared to the rest of the house?” Caine asked.

“Yes,” Richter said. “It looked like it was being cleaned up.”

“How do you know if a child is coached?” asked Caine.

“Inconsistencies,” he replied.

Hollub redirected the witness, asking him again about the girls‘ bedroom.

“The windows were boarded up and it was dangerous,” Richter said.

“Have you ever seen a pet gate used this way?” Hollub asked, pointing toward the bedroom door.

“No.”

“Does that disturb you and why?”

“Yes, because it’s locked from the outside,” Richter said.

Richter testified that the Ramirez couple had no medical histories on the girls and couldn’t tell him when the girls had last been to the doctor. He spoke about the interview with Ruben Steve Ramirez at the Sheriff’s Office and how he made a motion to his head when he referred to hitting the girls. He said that Ramirez told him that Crystal hadn’t walked since Saturday. (She was pronounced dead the following Thursday).

“At Norma’s House, Charlie indicated that he wasn’t supposed to talk about things at home, and Cassandra’s demeanor changed when she was questioned about her injuries,” said Richter.

“The only persons who appeared malnourished, who were taped up and were kept in a room with boarded up windows and a locked door were who?” Hollub asked Richter.

“Crystal and Cassandra,” Richer replied.

More testimony

Next to take the witness stand was Texas Ranger Dwayne Goll, who, with Richter, conducted the interviews of the defendants at the Sheriff’s Office in 2007.

“I was called in to assist with the investigation of a child’s death,” said Goll.

ADA Moy played the video tape of the Aug. 24 interview of Ruben Steve Ramirez for the jury. As it played, Ramirez hunched his shoulders forward and sank lower into his chair. On the recording he explained to Goll how he found Crystal in the house cold and not breathing. He spoke of how the girls had a hard time getting along and said their (biological) mother had taken drugs while she was pregnant. He blamed Crystal’s thinness on parasites.

He spoke of taping the girls up, admitting that he and his wife “taped their hands and feet about three times a week for about three months.” He also admitted to tying Crystal to a bedpost.

“We are at the end of our rope. We tried everything,” he said on the tape. “The girls steal cakes and sugary foods and hid it in the bathroom to eat it all.”

He said Charlie was the good one.

“I wish I could turn the clock back,” Ramirez said during the interview. “I would have taken her (Crystal) to a doctor. There are times when I probably lost it with both of them.”

He referred to an incident when they pooped on the carpet and smeared it on the walls.

“I think I did pop them once in the head with my cane. I don’t know which one.”

To explain the marks on Crystal’s face, he said she bit her hands and scratched herself.

Goll asked him when the girls were last out in public, and Ramirez said it had been about two weeks since Crystal had been outside the house.

“They would sneak into the kitchen and take food, that’s why we locked the door and put on a cowbell,” he said.

Goll continued his testimony when court resumed Wednesday morning.

“I asked him (Ramirez) if he had spoken to his wife on the way to the Sheriff’s Office and he replied, ’Do you mean did we cook up a story?’” asked Goll.

Next, ADA Moy played the video tape of Bettie’s Aug. 24, 2007 interview with Goll for the jury. During the interview she told Goll that the lawn chair found in the girls’ bedroom was for her. She spoke about being in the hospital and her and her husband’s medical problems. Goll asked her about the children and their birth father, her nephew Charles Cheatham who is in prison.

“I had no reason to hurt my kids. I was in their room (sleeping on the lawn chair) because I didn’t want to be turning the light on and disturbing the rest of the family,” said Ramirez. “We’ve had trouble with Cassie and Crystal.”

Goll reminded her throughout the interview that she was not under arrest and was free to go anytime, just as he had done with her husband earlier.

“I don’t have a reason not to say anything,” she replied.

She spoke of buying the trampoline a few weeks earlier and that it had four broken springs. “I said ‘don’t jump high’ (to the kids),” said Ramirez.

“When did Crystal fall (on the trampoline)?” asked Goll on the tape.

“I think it was Tuesday,” replied Ramirez.

Then he asked her about the day Crystal died.

“I was moving the beds in their room and I saw she wasn’t breathing,” she said. “I was right there in the room. Cassie said Crystal was sleeping, so I said don’t bother her and I told her to take a bath. I panicked.”

Ramirez told Goll that the marks on her wrists were from the trampoline springs. Then she said, “I don’t know how they got there, I honestly don’t know.”

At that point in the interview Goll confronted her about the tape and told her that her husband had already admitted to taping the girls. As he told her that, her posture and attitude began to change. He went on to say that the marks on Crystal’s wrist were not from a trampoline. Ramirez was silent for about 30 seconds and then whispered, “I might have hit her a couple of times.”

Then she admitted to Goll and Richter (who was also in the room during the interview) that she taped the girls “once or twice because they were fighting, but it wasn’t tight.”

“What about their feet and ankles?” Goll asked her.

“Well, once I went in their room and saw that the tape had slipped so maybe it cut them,” she explained. “I made a mistake, but I put it on the kids when they were kicking when I came home from the hospital, and I used masking tape.”

“Did you tie them to anything?” Goll asked her.

“Oh no!” she answered loudly. Then after seeming to consider her answer, she said that she had done it once.

“At night I caught them crawling out of their room and around the house getting into medicine,” she said. “We’ve had a lot of trouble with them and have been home schooling them for two years. The baby door was so we could see them. The bells were so we could hear them, I’m a light sleeper. They were locking the door from the inside so we turned the lock around.”

She said they both disciplined the girls, but that she doesn’t ‘leave any marks.’

Goll asked her if she had ever struck the children with any blunt objects.

“I don’t think so but I’m not positive,” she said.

“And if Crystal has any broken bones or ribs?” Goll asked.

“Would it be from the trampoline?” Ramirez answered.

“Does your husband spank the kids?” Goll asked.

“Yes, but they don’t scream and holler,” she said.

During the interview Goll brought up the issue of Crystal’s weight and thinness for her age.

“She’s always been that way, but she eats good. She was thin when we got her.”

Bettie claimed she made Crystal a cheese sandwich the day she died, but that she didn’t want it. She spoke about the girls’ diarrhea and admitted that they hadn’t been to the doctor or dentist in about two years.

Goll and Richter asked her about her cell phone and whether she had called her husband on the way to the Sheriff’s Office.

“What do you think Crystal died from?” Goll asked her.

“I don’t know,” she said. Then, she paused and said, “I want you to be honest with me. I watch TV and if something turns up, even if we didn’t do it, we will be under arrest.”

“I’ll be very honest with you, these girls look very thin and malnourished,” said Goll.

“They eat, they eat good,” Ramirez insisted. “Three meals a day.”

“Was anyone else concerned about the size of the girls?” Goll asked.

“No, they eat good,” she repeated.

After Goll asked a few more questions about how the girls played together, Ramirez asked her own question.

“Can I go now? I’d like to go home and make funeral arrangements,” she said. “I want to get this funeral behind me.”

Goll reminded her that she was not under arrest and informed her that he and Richter were going to Austin for the autopsy results. That was the end of the interview tape.

“After the interviews, did you know where you needed the investigation to go?” asked Moy.

“Yes, the things that stuck out in my mind are that we have a pet gate that is explained as ‘for ventilation and so we can see in.’ Also, why were an 8 year old and 10 year old wearing diapers? Why did they have to yell out to let people know they had to go to the bathroom?” Said Goll. “I’ve had several baby deaths (cases) and whenever we’ve had someone lose their child from natural causes, they are uninterviewable. In this case they were both able to be interviewed and answered every question. Bettie was crying until she was confronted with the taping. Also, when she said ‘I want to get this funeral behind me,’ it was very selfish. In interviews you pay attention to word choices.”

Then Stark cross-examined Goll and asked him why he didn‘t gather more evidence from the trampoline, other than photographs.

“I wish I could bring the trampoline and the whole house in here,” Goll said.

Then Stark asked him about his interview techniques and lack of follow up questions.

“Is it unusual that you found something in the statement and pin pointed on it?” he asked.

“I didn’t go longer because I had enough information in my mind to move forward with the investigation,” Goll said.

Stark then presented photographs of the home, including a washing machine with a bed sheet inside and the trampoline.

“Mr. Ramirez told you that Crystal had fallen on the trampoline, but you didn’t examine it?” asked Stark.

“No, because the emotional responses of the defendants were inconsistent in this case.”

Then Caine questioned Goll.

“Do you recall a miscommunication with Ruben during the interview regarding him hitting the girls with his cane,” asked Caine.

“No, there was no miscommunication. He said he struck her and motioned with his hand to his head,” replied Goll.

During ADA Moy’s redirect, more photographs were shown to the jury of the interior of the home, including the cardboard and cloth covering the girls‘ window and a folding chair with tape knots attached to the top.

“I took the photographs first then I gathered evidence (chairs, door, tape…) with gloves on,” said Goll.

Emotional testimony

The next witness was Gonzales County Sheriff Glen Sachtleben, who spoke of when the call came in about a deceased child at the Belmont Fire Department, and seeing Crystal‘s body when he arrived.

“When the sheet was pulled back I saw an extremely emaciated child, horrifyingly so,” said Sachtleben. “Her legs were drawn up to her and the first thing I thought of was photographs of the holocaust.”

The Sheriff paused a moment, holding back some tears before he continued. “I observed scars and scabs on her wrists and ankles. There were discolorations and bruises on her arms, legs, body and face. She had red blotches on her lips.

“Her thigh was so thin that I could have probably touched my thumb and forefinger together around her leg.”

Sachtleben said Bettie approached him and said the child was her adopted daughter.

“She was pretty calm and forthright. I separated her from the scene and stepped outside the fire station. I asked her what happened here and she told me Crystal had been sick and had fallen off a trampoline,” he said.

“She explained the time frame of the trampoline accident but then she said Crystal had diarrhea and she had eaten something. Then Ruben showed up and I talked to him.”

The Sheriff said Stephanie Fehner (the Ramirez’s oldest adopted child, age 21 at the time) asked her mother if she could take the younger kids home, but Bettie said no.

“Ruben said that the girls were bad kids and that they stole medications because of their upbringing with their birth mother,” said Sachtleben. “When I asked him what medications they may have stolen, he provided a bag full of them while we were at the fire station.”

“Did he say anything to you that seemed unusual?” asked Moy.

“Yes, he said that when they adopted them they were told ‘enjoy them while you have them because they could die at anytime,” Sachtleben said. “He couldn’t tell me who had told him that, just that someone said it during the adoption process.”

“What were your impressions of Cassandra?” asked Moy.

“She was very thin, her clothes were too small, she had ragged short hair that looked like it had been cut with a razor,” he said. “I asked her if Crystal had eaten that morning and she said ‘yes, eggs.’ I noticed scars and marks on her wrists and ankles and I asked her if they played cowboys and Indians. She said they don’t play that, but they do play cops and robbers. She explained that Charlie is the cop, but that he just touches her on the arm when he catches her.”

Sachtleben said he asked Bettie why an eight year old would be wearing a diaper.

“She had an immediately angry response and said that Crystal had diarrhea and that she (Bettie) had been sick and didn’t want to carry her to the bathroom,” said Sachtleben.

At Norma’s House later that evening, he said that he spoke with Ruben Steve Ramirez about sending an officer to take inventory of the scene (at the home). “He approved but she (Bettie) was reluctant and said the house was messy. They signed the release (for the search warrant) and Ruben accompanied the officers to the house.”

“How did Charlie look?” asked Moy.

“He was 180 degrees different from the girls. He had a full, round face and looked a little chunky,” said the Sheriff. “The other adopted son, Steven, appeared to be perfectly healthy.”

Before cross examining the witness, Stark claimed that he and Caine did not have a copy of the Sheriff’s report. Hollub and Moy told the judge that they had provided it, and the judge ordered more copies of theirs.

Then Stark asked the Sheriff about his comment regarding Ramirez’s comment ’the kids could die at anytime’ as being outlandish.

“It stuck in my mind because it was so out of place with the conversation,” Sachtleben said.

“But you are not a pediatrician or specialist in fetal alcohol syndrome, are you?” Stark asked him.

“No, I am not,” he replied.

Then Caine questioned him, asking the Sheriff if he had ever dealt with the Ramirez family before.

“I was called to the property during the original case foster care because of an incident with the birth father, but I didn’t go any further than the driveway.”

Hollub redirected the witness.

“What was your impression of the home (in 2007)?” Moy asked.

“I was horrified,” said Sachtleben.

‘The most distrubing case’

The next witness was Child Protective Services Investigative Supervisor Kimberly Richter, who interviewed Cassandra and Charles Ramirez at Norma’s House, Aug. 23, 2007. Richter also investigated a report from the children‘s school, Nixon-Smiley Elementary, in 2004, stating that the girls were stealing food from other students and out of trash cans and assisted in the removal of the children from their birth parents in 2001.

“School personnel said they witnessed several occasions when the girls were eating out of trash cans,” said Richter. “Both girls were skinny and said they were being spanked on the butt by their parents with the belt.” Richter explained the state adoption policy of the agreement of no physical punishment that adoptive parents sign, because so many kids in the system come from abusive backgrounds.

“I attempted to contact the parents but when I went out to the house the gate was padlocked and there were no trespassing signs,” she said. “I left a parent’s guide and my contact information. Mr. Ramirez called me and they came to my office a few days later. Mrs. Ramirez did most of the talking. She admitted to using a belt and she said the girls were in therapy.”

“If a child has a medical concern how are they classified in the system?” asked Hollub.

“Children who have serious medical issues are hard to find homes for, but they would be categorized differently,” said Richter.

“How were the girls classified?” asked Hollub.

“They were considered ‘basic care,’” she said.

“Did you ever contact them again about the school issue?” Hollub asked.

“I attempted a home visit once more and made a recommendation to get counseling. They said the girls had behavior issues. I was concerned about Crystal’s weight and suggested that she go to a pediatrician. Other than the food and trash issues, there were no behavior issues at school,” Richter said.

Hollub asked Richter about programs the children were entitled to at no cost to the Ramirez‘s.

“The kids qualified for free lunch, medical care and the parents received a monthly stipend for each child,” Richter said.

On Aug. 23, 2007, Richter received the call that Crystal had died.

“After speaking with law enforcement we determined that a joint investigation would be done with law enforcement and CPS,” Richter said. “I was briefed on the case at Norma’s House and shown photos of Crystal before interviewing Cassie.

“She had on very dirty clothes. She was dirty, gaunt, pale and her clothes were too small for her,” said Richter. “There were small circular scars on her wrists and ankles. She was very bubbly and happy and trying to act like everything was OK - Not like she had just lost a sibling.”

Richter testified that as the 10 year old answered her questions, she could recite what Crystal had eaten for the last week, when she was walking and other details.

“We talked about her home environment and events leading up to Crystal’s death. She appeared rehearsed. It seemed abnormal to me. But when I asked her about her injuries on her arms, she was very sketchy,” said Richter.

She said that children who are being abused are coached throughout the entire period of their abuse.

“This is probably the most disturbing case of child abuse I have ever seen in my 11 years.”

Richter admitted during her testimony that CPS failed the Ramirez children.

“CPS placed them in this home, then did not visit them or remove them from the home back in 2004,” she said.

Hollub asked her about the proximity of the parents to the child during her interview at Norma’s House.

“When parents are close by during an interview, many time children won’t speak the truth out of fear, because they are going home with that person.”

Hollub asked her what types of things Cassie spoke of during her interview.

“She said she had a birthday recently, and I asked her if she had a party. She said no party or cake. She said her only present was a used deck of Old Maid cards,” Richter said. “She did have concerns about being taken away from mommy and daddy.”

According to Richter, Cassandra said Crystal had been able to walk until the Sunday before her death, and that Crystal had not been to the doctor.

“Cassie had bruising on the front of her legs, but said it was from the trampoline, barbed wire and being dragged by goats,” said Richter. “Charlie looked very healthy, chunky, no visible bruises or ligature marks, clean, his clothes fit well, and his hair was freshly cut. He was very reserved and kept saying ‘I don‘t know.’”

Stark and Caine asked Richter a couple of questions about Cassandra being an ADHD child and reviewed some pages of her CPS report.

Hollub redirected the witness.

“Is it common for two children in the same household to have the same bruise pattern?” she asked.

“No, absolutely not,” Richter replied, and agreed that taping would be a viable explanation for the bruises.

Hollub asked her about the condition of the children when they were removed from the birth parents.

“The children appeared to be healthy, not skinny or underweight,” said Richter. “I was not aware that the children had been removed from school after investigating (in 2004). That would have been a red flag.”
 
WELCOME TO
FAMILIES AGAINST CORRUPTION FIGHTING CPS IN STATE OF TEXAS

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LINK TO:
Fighting Child Protective Services False Accusations
Fighting Child Protective Services False Accusations




LINK TO FAMILY CODE: LAW REGARDING CHILD ABUSE & NEGLECT:
http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.261.htm

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FAIRLY NEW BOOK: KINSHIP MANUAL FOR TEXAS RESIDENTS:
Title: Kinship Manual.
Published: 2009
Available from: Texas Department of Family and Protective Services

Abstract: Intended for kinship caregivers in Texas, this manual discusses what to expect when caring for a child who is in Child Protective Services's legal custody ...
http://www.dfps.state.tx.us/documents/Child_Protection/pdf/KinshipManualEnglish.pdf

ABOUT CRYSTAL RAMIREZ:
from the webpage: http://poundpuplegacy.org/node/19925
Relates to:
Chrystal Ramirez (Chrystal Camarillo)
Date: 2007-08-27
Source: mysanantonio.com
Foster parents jailed after death

Roger Croteau
Express-News
08/27/2007 10:30 PM CDT

Additional charges are expected against two foster parents jailed in connection with the death of an 8-year-old child in Gonzales County, the Texas Ranger investigating the case said Monday.

Rubin and Bettie Ramirez already face first-degree felony charges of injury to a child after Rubin Ramirez brought the lifeless body of Chrystal Ramirez to the Belmont Fire Station on Friday. Efforts to resuscitate the child were unsuccessful.

Texas Ranger Dewayne Goll said the child had "obvious injuries," but he would not give details. A preliminary autopsy was done by the Travis County medical examiner's office, but Goll said he had not seen the results as of Monday afternoon.

A Gonzales County Sheriff's Department news release states that the Ramirezes and Chrystal's two siblings, a 10-year-old girl and 7-year-old boy, were taken to Norma's House, a Gonzales child advocacy center, for interviews with Child Protective Services caseworkers.

After the interviews, the children remained in the care of CPS and the parents were booked into Gonzales County Jail. Rubin Ramirez was being held on $150,000 bond, and Bettie Ramirez was being held on $100,000 bond. Both were charged with injury to a child.

Goll said the Ramirezes were acting as foster parents to all three children and are related to them.

"I anticipate another set of injury to a child charges, based on injuries to another of the siblings," Goll said. "We are seeking additional warrants against both (of the Ramirezes)."
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TheAlexJonesChannel June 18, 2009 : Alex talks with Austin attorney and talk radio host Jerri Lynn Ward about SB-1440, dubbed the "Take Away Your Child Act." http://jerrilynnward.com/ http://prisonplanet.tv/ About Jerri Lynn Ward... Alex talks with Austin attorney and talk radio host Jerri Lynn Ward about SB-1440, dubbed the "Take Away Your Child Act." http://jerrilynnward.com/ http://prisonplanet.tv/ About Jerri Lynn Ward
Jerri Lynn Ward is an attorney practicing in Austin, Texas as the owner of the firm Garlo Ward, PC. She is a Christian libertarian active in pro-life issues. In 2006, she was honored as Pro-Life Attorney of the Year by Texas Right to Life for her efforts in representing families and testifying before the Texas Legislature against the Texas Futile Care Statute. She served as the attorney for the families of Andrea Clark and Baby Emilio Gonzales against hospitals that tried to remove life-sustaining treatment from Andrea and Baby Emilio. On June 14, 2007, she was a speaker at the annual National Right To Life Convention held in Kansas City. She spoke on the topic of Futile Care Theory. She is the hostess of the monthly talk radio show, I Object! Justice Examined on Right Talk Radio. In the past, she was a guest host on Mychal Massies show Straight Talk at Right Talk Radio and has been a guest on that show and others. she has also appeared on numerous radio shows and on Geraldo regarding pro-life issues.
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CPS worker, son killed in Weslaco house fire
from the webpage:
http://www.brownsvilleherald.com/news/weslaco-103532-cps-worker.html

CPS worker, son killed in Weslaco house fire
| October 10, 2009 9:40 PM
By ANA LEY, The Monitor
WESLACO — An employee with the state’s Child Protective Services Division and her child are dead following a house fire early Saturday morning here.

The blaze broke out about 4:30 a.m. Saturday at a home on the 1200 block of Valley View Road, said George Garrett, Weslaco's emergency management coordinator. Two of the home’s occupants, 46-year-old Melva Martinez and her 12-year-old son, died at the scene, probably from smoke inhalation.

Neighbors identified the 12-year-old as A.J. Martinez.

Garrett said the mother managed to push her 7-year-old son out of a window and into the waiting arms of police. The boy was taken to Knapp Medical Center in Weslaco but has since been released and is in good physical condition. He was in the care of an aunt after Saturday’s ordeal.

No one else was in the house at the time.

Garrett said the cause of the fire was still under investigation, but there was no initial indication arson may have been to blame. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives is assisting the Weslaco Fire Marshal’s Office with the investigation.

The blaze destroyed the house; however, no other homes were threatened in the residential neighborhood about a block south of Business 83.

"It happened too fast," said Sylvia Saldaña, 58. Her son was among the group that helped pull the 7-year-old out of the burning structure. She and her husband, Miguel, stood outside their home Saturday offering friends solace as they watched officials walk through the black rubble.

"It was a shock," she said.

Erica Perez waited with the Saldañas to receive news about the blaze from investigators. The 19-year-old is a close friend of Melva Martinez’s daughter, Loni. Sylvia Saldaña has kept in touch with the two teens over the years since she met them at Weslaco High School while teaching summer school classes.

The teens had made plans Friday night to visit Melva Martinez and make a trip to the mall together the next day. Loni Martinez lives with her father, who was separated from Melva Martinez.

"She’s holding up for now," Perez said of her friend. "But she will probably break down later."

CPS spokesman John Lennan said Melva Martinez had been employed by the agency for about 18 months as a social services worker.

"Our deepest sympathy goes out to the family for their loss," Lennan said. "Mrs. Martinez will be very missed by coworkers at a department where she worked to make a positive difference in the lives of Texas children and their families."

Perez and other neighbors said the two young boys were inseparable — A.J. often looked after 7-year-old Andre while they played in their front yard.

"They are good kids," said Miguel Saldaña, 57. "They respect the neighborhood."

Friends and coworkers said Melva Martinez was a dedicated employee who was often on call.

"She spent a lot of time with her cases," said Eloy Vela, a mental health specialist with Counseling Centers Internacional in San Juan. "Now her son will have to deal with the guilt (of surviving) and the abandonment (by his mother). He’s going to need a lot of treatment."

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tejanita64 wrote:
First of all my warmest sympathy to Melva Martinez's Family, Second of all, Mr. Vela, please read your comment, "Now her son will have to deal with the guilt (of surviving) and the abandonment (by his mother). He’s going to need a lot of treatment." Third of all: You are a mental health specialist right? I just had to give my honest opinion, I think this words are super strong for the child, family, and of course co-workers. Fourth: The news mentions police officer, but where were the fire-fighters?





TEXAS STATUES THAT SHOULD GOVERN CHILDREN'S PARENTS SLAYERS {CPS}

TEXAS STATUES:

CHILD ABUSE AND NEGLECT


Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.

Circumstances That Constitute Witnessing
This issue is not addressed in the statutes reviewed.

Consequences
This issue is not addressed in the statutes reviewed.

Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.

Citation: Tex. Fam. Code Ann. § 261.101 (LexisNexis through 5/25/07)


A person having cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report as provided by this subchapter.
The requirement to report under this section applies without exception to an individual whose personal communications may otherwise be privileged, including an attorney, a member of the clergy, a medical practitioner, a social worker, a mental health professional, and an employee of a clinic or health care facility that provides reproductive services.

Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.

Tex. Fam. Code Ann. § 261.105 (LexisNexis through 2007 Reg. Sess.)

All reports received by a local or State law enforcement agency that allege abuse or neglect by a person responsible for a child's care, custody, or welfare shall be referred immediately to the department or the designated agency.
The department or designated agency shall immediately notify the appropriate State or local law enforcement agency of any report it receives, other than a report from a law enforcement agency, that concerns the suspected abuse or neglect of a child or death of a child from abuse or neglect.

In addition to notifying a law enforcement agency, if the report relates to a child in a facility operated, licensed, certified, or registered by a State agency, the department shall refer the report to the agency for investigation.

If the department initiates an investigation and determines that the abuse or neglect does not involve a person responsible for the child's care, custody, or welfare, the department shall refer the report to a law enforcement agency for further investigation. If the department determines that the abuse or neglect involves an employee of a public primary or secondary school, and that the child is a student at the school, the department shall orally notify the superintendent of the school district in which the employee is employed about the investigation.

In cooperation with the department, the Texas Youth Commission by rule shall adopt guidelines for identifying a report made to the commission that is appropriate to refer to the department or a law enforcement agency for investigation. Guidelines adopted under this subsection must require the commission to consider the severity and immediacy of the alleged abuse or neglect of the child victim.

Tex. Fam. Code Ann. § 261.1055 (LexisNexis through 2007 Reg. Sess.)

A district attorney may inform the department or designated agency that the district attorney wishes to receive notification of some or all reports of suspected abuse or neglect of children who were in the county at the time the report was made or who were in the county at the time of the alleged abuse or neglect.

If the district attorney makes the notification under this section, the department or designated agency shall, on receipt of a report of suspected abuse or neglect, immediately notify the district attorney as requested, and the department or designated agency shall forward a copy of the reports to the district attorney on request.

Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.

Physical Abuse
Citation: Fam. Code § 261.001

Abuse includes the following acts or omissions by a person:
Physical injury that results in substantial harm to the child or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or conservator that does not expose the child to a substantial risk of harm
Failure to make a reasonable effort to prevent an action by another person that results in physical injury or substantial harm to the child
The current use by a person of a controlled substance, in a manner or to the extent that the use results in physical, mental, or emotional injury to a child
Causing, expressly permitting, or encouraging a child to use a controlled substance


Neglect
Citation: Fam. Code § 261.001

Neglect includes the following acts or omissions by a person:
Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm to the child
Failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting a substantial risk of death, disfigurement, or bodily injury, or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child
The failure to provide a child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability, unless relief services had been offered and refused
Placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child
Placing a child in or failing to remove the child from a situation in which the child would be exposed to acts or omissions that constitute sexual abuse
The failure by the person responsible for a child's care, custody, or welfare to permit the child to return to the child's home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away


Sexual Abuse
Citation: Fam. Code § 261.001

Abuse includes the following acts or omissions by a person:
Sexual conduct harmful to a child's mental, emotional, or physical welfare, including conduct that constitutes the offense of indecency with a child, sexual assault, or aggravated sexual assault
Failure to make a reasonable effort to prevent sexual conduct harmful to a child
Compelling or encouraging the child to engage in sexual conduct
Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene or pornographic
Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child


Emotional Abuse
Citation: Fam. Code § 261.001

Abuse includes the following acts or omissions by a person:
Mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning
Causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child's growth, development, or psychological functioning


Abandonment
Citation: Fam. Code § 261.001

Neglect includes the leaving of a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of intent not to return by a parent, guardian, or conservator of the child.

Standards for Reporting
Citation: Fam. Code § 261.001

A report is required when the child suffers from substantial harm or a genuine threat of substantial harm.

Persons Responsible for the Child
Citation: Fam. Code § 261.001

Person responsible for a child's care, custody, or welfare means a person who traditionally is responsible for a child's care, custody, or welfare, including:
A parent, guardian, conservator, or foster parent of the child
A member of the child's family or household, meaning persons living together in the same dwelling, without regard to whether they are related to each other, and includes persons who previously lived in the household
A person with whom the child's parent cohabits
School personnel or a volunteer at the child's school
Personnel or a volunteer at a public or private childcare facility that provides services for the child or at a public or private residential institution or facility where the child resides


Exceptions
Citation: Fam. Code § 261.001

Abuse does not include reasonable discipline by a parent that does not expose the child to substantial risk of harm.


Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.

Defined in Domestic Violence Civil Laws
Citation: Fam. Code §§ 71.004; 71.0021

''Family violence'' means:
An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself
Abuse, as that term is defined by § 261.001, by a member of a family or household toward a child of the family or household
Dating violence
''Dating violence'' means an act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.

Defined in Child Abuse Reporting and Child Protection Laws
Citation:

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws
Citation: Penal Code § 25.07

A person commits an offense if, in violation of a condition of bond set in a family violence case and related to the safety of the victim or the safety of the community, an order issued under article 17.292, Code of Criminal Procedure, an order issued under § 6.504, Family Code, chapter 83, Family Code, if the temporary ex parte order has been served on the person, or chapter 85, Family Code, or an order issued by another jurisdiction, the person knowingly or intentionally:

Commits family violence or an act in furtherance of an offense under § 22.011, 22.021, or 42.072
Communicates:
Directly with a protected individual or a member of the family or household in a threatening or harassing manner
A threat through any person to a protected individual or a member of the family or household
In any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household
Goes to or near any of the following places as specifically described in the order or condition of bond:
The residence or place of employment or business of a protected individual or a member of the family or household
Any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends
Possesses a firearm
''Family violence,'' ''family,'' ''household,'' and ''member of a household'' have the meanings assigned by chapter 71, Family Code.

Persons Included in the Definition
Citation: Fam. Code §§ 71.0021; 71.003; 71.005; 71.006

''Dating relationship'' means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:

The length of the relationship
The nature of the relationship
The frequency and type of interaction between the persons involved in the relationship
A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a ''dating relationship.''

''Family'' includes individuals related by consanguinity or affinity, as determined under §§ 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.

''Household'' means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. ''Member of a household'' includes a person who previously lived in a household.

Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.

Confidentiality of Records
Citation: Fam. Code § 261.201

The following information is confidential, not subject to public release under Chapter 552, Government Code, and may be disclosed only for purposes consistent with this code and applicable Federal or State law or under rules adopted by an investigating agency:
A report of alleged or suspected abuse or neglect made under this chapter and the identity of the person making the report
Except as otherwise provided in this section, the files, reports, records, communications, audiotapes, videotapes, and working papers used or developed in an investigation or in providing services as a result of an investigation


Persons or Entities Allowed Access to Records
Fam. Code § 261.201

A court may order the disclosure of information that is confidential if:
A motion has been filed requesting the release of the information.
A notice of hearing has been served on the investigating agency and all other interested parties.
After hearing and an in camera review of the requested information, the court determines that the disclosure of the requested information is essential to the administration of justice, not likely to endanger the life or safety of a child who is the subject of the report, a person who made the report, or any other person who participates in an investigation or who provides care for the child.
The adoptive parents of a child who was the subject of an investigation and an adult who was the subject of an investigation as a child are entitled to examine and make copies of any report, record, or other information in the possession of the State that pertains to the history of the child. The department may edit the documents to protect the identity of the biological parents and any other person whose identity is confidential, unless this information is already known to the adoptive parents or is readily available through other sources.

The department shall provide to a relative or other individual with whom a child is placed any information the department considers necessary to ensure that the relative or other individual is prepared to meet the needs of the child. The information may include information related to any abuse or neglect suffered by the child.

The department shall provide to the parent, managing conservator, or other legal representative of a child who is the subject of reported abuse or neglect information that would otherwise be confidential if the department has edited the information to protect the confidentiality of the identity of the person who made the report and any other person whose life or safety may be endangered by the disclosure.

When Public Disclosure of Records is Allowed

This issue is not addressed in the statutes reviewed.

Use of Records for Employment Screening
Citation: Fam. Code § 261.002

The Department of Family and Protective Services may enter into agreements with other States to allow for the exchange of reports of child abuse and neglect in other States' central registry systems. The department shall use information obtained under this subsection in performing the background checks of child care facilities, as required by § 42.056, Human Resources Code.


Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.

Establishment
Citation: Family Code § 261.002
The Department of Protective and Regulatory Services shall establish and maintain a central registry.

Purpose
Citation: Family Code § 261.002
The rules shall provide for cooperation with local child services agencies and with other States in exchanging reports. The department shall use the information obtained to perform the background checks required under § 42.056 of the Human Resources Code.

Contents
Citation: Family Code § 261.002
The registry shall maintain reported cases of child abuse or neglect.

Maintenance
Citation: Family Code § 261.002
The department may adopt rules and regulations as are necessary to carry out this section.

Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.

Citation: Tex. Family Code Ann. § 261.106 (LexisNexis through 2007 Reg. Sess.)
Statute:
A person acting in good faith who reports or assists in the investigation of a report of alleged child abuse or neglect, or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect, is immune from civil or criminal liability that might otherwise be incurred or imposed.
Immunity from civil and criminal liability extends to an authorized volunteer of the Department of Human Services or a law enforcement officer who participates at the request of the department in an investigation of alleged or suspected abuse or neglect or in an action arising from an investigation if the person was acting in good faith and in the scope of the person's responsibilities.

A person who reports the person's own abuse or neglect of a child or who acts in bad faith or with malicious purpose in reporting alleged child abuse or neglect is not immune from civil or criminal liability.


Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.

Reporting Procedures

Individual Responsibility
Citation: Fam. Code §§ 261.101; 261.103
Any person who has cause to believe that a child has been adversely affected by abuse or neglect shall immediately make a report.
A professional who has cause to believe that a child has been abused or neglected or may be abused or neglected shall make a report no later than 48 hours after the professional first suspects that the child has been or may be abused or neglected.

The report shall be made to a law enforcement agency, the department, the agency that operates or licenses the facility where the abuse or neglect occurred, or to the agency designated by the court to be responsible for the protection of children.

The report must be made to the department if the alleged or suspected abuse or neglect involves a person responsible for the care, custody, or welfare of the child.

Content of Reports
Citation: Fam. Code § 261.104
The person making a report shall identify, if known:

The name and address of the child
The name and address of the person responsible for the care, custody, or welfare of the child
Any other pertinent information concerning the alleged abuse or neglect


Special Reporting Procedures

Suspicious Deaths
Citation: Fam. Code § 261.105
The department or designated agency shall immediately notify the law enforcement agency of any report it receives that concerns the death of a child from abuse or neglect.

Substance-Exposed Infants
Not addressed in statutes reviewed.

Screening Reports
Citation: Fam. Code §§ 261.105; 301; 3015; Admin. Code Tit. 40, §§ 700.505; 511
If the department determines that the abuse or neglect does not involve a person responsible for the child's care, it shall refer the report to a law enforcement agency for further investigation. The department shall make a prompt and thorough investigation of a report of child abuse or neglect allegedly committed by a person responsible for a child's care.
The department shall assign priorities and prescribe investigative procedures for investigations based on the severity and immediacy of the alleged harm to the child. The department is required to:

Immediately respond to a report that involves circumstances in which the death of the child or substantial bodily harm to the child would result unless the department immediately intervenes
Respond within 24 hours to a report that is assigned the highest priority
Respond within 72 hours to a report that is assigned the second highest priority
An investigation of a report that alleges that a child has been or may be the victim of a criminal offense, that poses an immediate risk of physical or sexual abuse that could result in the death of or serious harm to the child, shall be conducted jointly by the department and a peace officer.

The department shall establish a flexible response system to allow the department to make the most effective use of resources by investigating serious cases of abuse and neglect and by screening out less serious cases of abuse and neglect if the department determines that the child's safety can be assured without further investigation. The department may administratively close the less serious cases without providing services or by making a referral to another entity for assistance.

A case is considered to be a less serious case of abuse or neglect if the circumstances of the case do not indicate an immediate risk of abuse or neglect that could result in the death of or serious harm to the child.

Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.

Professionals Required to Report
Citation: Fam. Code § 261.101

Persons required to report include:
A professional, for purposes of the reporting laws, is an individual who is licensed or certified by the State or who is an employee of a facility licensed, certified, or operated by the State and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children.
Professionals include:
Teachers or daycare employees
Nurses, doctors, or employees of a clinic or health-care facility that provides reproductive services
Juvenile probation officers or juvenile detention or correctional officers


Reporting by Other Persons
Citation: Fam. Code § 261.101

A person who has cause to believe that a child has been adversely affected by abuse or neglect shall immediately make a report.

Standards for Making a Report
Citation: Fam. Code § 261.101

A report is required when a person has cause to believe that a child has been adversely affected by abuse or neglect.

Privileged Communications
Citation: Fam. Code § 261.101

The requirement to report applies without exception to an individual whose personal communications may otherwise be privileged, including an attorney, a member of the clergy, a medical practitioner, a social worker, a mental health professional, and an employee of a clinic or health-care facility that provides reproductive services.

Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.

Disclosure of Reporter Identity
Citation: Fam. Code §§ 261.101; 261.201

Unless waived in writing by the person making the report, the identity of an individual making a report is confidential and may be disclosed only:
As provided by § 261.201
To a law enforcement officer for the purposes of conducting a criminal investigation of the report
A report of alleged or suspected abuse or neglect and the identity of the person making the report are confidential. A court may order the disclosure of such confidential information, if after a hearing and an in camera review of the requested information, the court determines that the disclosure is:

Essential to the administration of justice
Not likely to endanger the life or safety of a child who is the subject of the report, a person who made the report, or any other person who participates in an investigation of reported abuse or neglect or who provides care for the child
The Texas Youth Commission shall release a report of alleged or suspected abuse if the report relates to abuse or neglect involving a child committed to the commission. The commission shall edit any report disclosed under this section to protect the identity of:

A child who is the subject of the report
The person who made the report
Any other person whose life or safety may be endangered by the disclosure

Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.

Citation: Tex. Fam. Code Ann. § 261.001 (LexisNexis through 2007 Reg. Sess.)

Statute Text:

''Abuse'' includes the following acts or omissions by a person:
Causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child's growth, development, or psychological functioning
The current use by a person of a controlled substance as defined by the Health and Safety Code, in a manner or to the extent that the use results in physical, mental, or emotional injury to a child
Causing, expressly permitting, or encouraging a child to use a controlled substance
''Born addicted to alcohol or a controlled substance'' means a child:

Who is born to a mother who, during the pregnancy, used a controlled substance, as defined by the Health and Safety Code, other than a controlled substance legally obtained by prescription, or alcohol
Who, after birth as a result of the mother's use of the controlled substance or alcohol:
Experiences observable withdrawal from the alcohol or controlled substance
Exhibits observable or harmful effects in the child's physical appearance or functioning
Exhibits the demonstrable presence of alcohol or a controlled substance in the child's bodily fluids


Citation: Tex. Health & Safety Code § 468.103 (LexisNexis through 2007 Reg. Sess.)

Statute Text:

To the extent that reporting does not interfere with an ongoing criminal investigation, the Department of Public Safety of the State of Texas and each local law enforcement agency shall report to the department on discovering the presence of a child in a location where methamphetamine is manufactured.
The department shall maintain a record of reports received under this section and shall include in the record information regarding actions taken by the department to ensure the child's safety and well-being.

Citation: Tex. Health & Safety Code § 468.102 (LexisNexis through 2007 Reg. Sess.)

Statute Text:

The department shall establish a drug-endangered child initiative aimed at protecting children who are exposed to methamphetamine or to chemicals and other hazardous materials used in the illicit manufacture of methamphetamine.

Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.

Failure to Report
Family Code § 261.109

A person commits an offense if the person has cause to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect and knowingly fails to report in accordance with the reporting laws. An offense under this section is a Class B misdemeanor.

False Reporting
Family Code § 261.107

A person commits an offense if, with the intent to deceive, he or she knowingly makes a report of child abuse or neglect that is false. An offense under this subsection is:
A State jail felony
A felony of the third degree if the person has previously been convicted under this section
A person who is convicted of an offense under this section shall:

Pay any reasonable attorney's fees incurred by the person who was falsely accused of abuse or neglect
Be liable to the State for a civil penalty of $1,000

Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.

Right of the Reported Person to Review and Challenge Records
Family Code § 261.315

At the conclusion of an investigation in which the department determines that the person alleged to have abused or neglected a child did not commit abuse or neglect, the department shall notify the person of the person's right to request that the department remove information about the person's alleged role in the abuse or neglect report from the department's records.
On request by a person whom the department has determined did not commit abuse or neglect, the department shall remove information from the department's records concerning the person's alleged role in the abuse or neglect report.

The board shall adopt rules necessary to administer this section.

When Records Must Be Expunged
Not addressed in statutes reviewed.

CHILD WELFARE

Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.

When Case Plans Are Required
Citation: Fam. Code § 263.101

A service plan must be filed no later than the 45th day after the date the court renders a temporary order appointing the department as temporary managing conservator of a child.

Who May Participate in the Case Planning Process
Citation: Fam. Code § 263.102; Admin. Code Tit. 20, § 700.1331

The service plan shall be prepared by the department or other agency in conference with the child's parents.
[The following is from the Texas Administrative Code.]

Child Protective Services must ask the following individuals to participate in developing the child's service plan:

The child's worker in the conservatorship unit
The worker supervising the placement, if different from the worker in the conservatorship unit
The child, unless he or she is too young to participate
The child's parents, unless they:
Cannot be found
Have had their parental rights terminated
Have executed an affidavit of relinquishment and indicated that they do not want to participate in the child's case
The substitute caregiver (e.g., the foster parent, the residential group home director, or a relative)
The attorney or guardian ad litem, or both
When appropriate, other professionals and volunteers who are providing services to the child or the child's family
The adoptive parents, sometimes referred to as the preadoptive parents, if a child has been placed in an adoptive home and consummation of the adoption has not occurred


Contents of a Case Plan
Fam. Code § 263.102

The service plan must:
Be written in a language that the parents understand, or made otherwise available
State appropriate deadlines
State whether the goal of the plan is:
Return of the child to the child's parents
Termination of parental rights and placement of the child for adoption
Because of the child's special needs or exceptional circumstances, continuation of the child's care out of the child's home
State the steps that are necessary to:
Return the child to the child's home if the placement is in foster care
Enable the child to remain in the child's home with the assistance of a service plan if the placement is in the home under the department's or other agency's supervision
Otherwise provide a permanent safe placement for the child
State the actions and responsibilities that are necessary for the child's parents to take to achieve the plan goal during the period of the service plan and the assistance to be provided to the parents by the department or other authorized agency toward meeting that goal
State any specific skills or knowledge that the child's parents must acquire or learn, as well as any behavioral changes the parents must exhibit, to achieve the plan goal
State the actions and responsibilities that are necessary for the child's parents to take to ensure that the child attends school and maintains or improves the child's academic compliance
State the name of the person with the department or other agency whom the child's parents may contact for information relating to the child if other than the person preparing the plan
Prescribe any other term or condition that the department or other agency determines to be necessary to the service plan's success
Include a statement to the parent that failure to provide a safe environment for the child may result in termination of parental rights

Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.

Citation: Tex. Fam. Code § 263.102(e) (LexisNexis through Tex. 2007 Legis. Serv., Ch. 1406)

Statute Text:

Regardless of whether the goal stated in a child’s service plan …is to return the child to the child’s parents or to terminate parental rights and place the child for adoption, the department shall concurrently provide to the child and to the child’s family as applicable:
Time-limited family reunification services, as defined by 42 §U.S.C 629A, for a period not to exceed the period within which the court must render a final order in or dismiss the suit affecting the parent-child relationship with respect to the child
Adoption promotion and support services, as defined by 42 U.S.C. § 629A

Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.

Schedule of Hearings
Citation: Fam. Code §§ 263.201; 263,304; 263.305; 262.2015
A status hearing shall be held no later than 60 days after the child is placed to review the child's status and service plan.
A permanency hearing shall be held:

No later than 180 days after the child is placed with the Department of Protective and Regulatory Services and subsequent hearings no later than 120 days thereafter
Within 30 days of a finding that reasonable efforts are not required


Persons Entitled to Attend Hearings
Citation: Fam. Code §§ 263.301; 263.302
The following persons are entitled to notice of a permanency hearing and are entitled to present evidence and be heard at the hearing:
The foster parent, preadoptive parent, relative of the child providing care, or the director of the group home or institution where the child resides
Each parent of the child
The managing conservator or guardian of the child
An attorney ad litem or a volunteer advocate appointed for the child
Any other person or agency named by the court to have an interest in the child's welfare
The child shall attend each permanency hearing unless the court specifically excuses the child's attendance.

Determinations Made at Hearings
Citation: Fam. Code § 263.306
At each permanency hearing the court shall:

Return the child to the parents if they are willing and able to provide the child with a safe environment and the return of the child is in the child's best interests
Evaluate the department's efforts to identify relatives who could provide the child with a safe environment if the child is not returned to a parent
Evaluate the parties' compliance with temporary orders and the service plan
Determine whether:
The child continues to need substitute care.
The child's current placement is appropriate for meeting the child's needs, including with respect to a child who has been placed outside of the State, whether that placement continues to be in the best interests of the child.
Other services are needed to meet the child's special needs or circumstances.
If the child is placed in institutional care, determine that efforts have been made to ensure placement of the child in the least restrictive environment consistent with the best interests and special needs of the child
If the child is age 16 or older, identify the services needed to assist the child in making the transition from substitute care to independent living
The court shall also review the service plan, permanency report, and other information submitted at the hearing to determine:

The safety of the child
The continuing necessity and appropriateness of the placement
The extent of compliance with the case plan
The extent of progress that has been made toward alleviating or mitigating the causes necessitating the placement of the child in foster care
Whether the department has made reasonable efforts to finalize the permanency plan that is in effect for the child


Permanency Options
Citation: Fam. Code § 263.306
Permanency options include:
Return to the parent
Placement for adoption
Placement in a permanent managing conservatorship

Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 553 KB) publication.

Requirements for Foster Parents
Citation: Govt. Code § 411.114; Admin. Code Tit. 40; §§ 745.651; 745.655

The department shall obtain criminal history record information for any person who is providing or applying to provide in-home or foster care for children in the care of the department and other persons living in the residence in which the child will reside.
Fingerprint-based criminal history background checks must be completed on all prospective foster parents and the members of their households who are age 14 or older and not in the legal conservatorship of the department. Criminal history background checks will be conducted in accordance with the criminal history rules promulgated by the Child Care Licensing Division of the department.
[In regulation:] Approval may be denied if the person has committed any of the following misdemeanor or felony offenses:
Offenses against the person or family
Robbery
Public indecency
Stalking
Criminal solicitation of a minor
Failure to stop or report aggravated sexual assault of a child
A violation of the Texas Controlled Substances Act
Making a firearm accessible to a child
Intoxication and alcoholic beverage offenses
Any other felony under the Texas Penal Code or any like offense under the law of another State or Federal law that the person committed within the past 10 years
Deferred adjudications covering an offense listed above if the person has not completed the probation successfully
Approval may also be denied if a check of the child abuse central registry reveals that the person has any sustained finding of child abuse or neglect, including sexual abuse, physical abuse, emotional abuse, physical neglect, neglectful supervision, or medical neglect.


Requirements for Adoptive Parents
Citation: Fam. Code § 162.0085; Govt. Code § 411.114; Admin. Code Tit. 40; §§ 745.651; 745.655

The court shall order each person seeking to adopt a child to obtain his or her own criminal history record information. The court shall accept a person's criminal history record information if the information was obtained not more than 1 year before the date the court ordered the history to be obtained.
Fingerprint-based criminal history background checks must be completed on all prospective foster and adoptive parents and the members of their households who are age 14 or older. Criminal history background checks will be conducted in accordance with the criminal history rules promulgated by the Child Care Licensing Division of the department.
[In regulation:] Approval may be denied if the person has committed any of the following misdemeanor or felony offenses:
Offenses against the person or family
Robbery
Public indecency
Stalking
Criminal solicitation of a minor
Failure to stop or report aggravated sexual assault of a child
A violation of the Texas Controlled Substances Act
Making a firearm accessible to a child
Intoxication and alcoholic beverage offenses
Any other felony under the Texas Penal Code or any like offense under the law of another State or Federal law that the person committed within the past 10 years
Deferred adjudications covering an offense listed above if the person has not completed the probation successfully
Approval may also be denied if a check of the child abuse central registry reveals that the person has any sustained finding of child abuse or neglect, including sexual abuse, physical abuse, emotional abuse, physical neglect, neglectful supervision, or medical neglect.

Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.

Citation: Tex. Fam. Code Ann. § 263.307(a), (c) (LexisNexis through 2007 Reg. Sess.)

Statute Text:

In considering the factors established by this section, the prompt and permanent placement of the child in a safe environment is presumed to be in the child's best interests.
In the case of a child 16 years of age or older, the following guidelines should be considered by the court in determining whether to adopt the permanency plan submitted by the department:

Whether the permanency plan submitted to the court includes the services planned for the child to make the transition from foster care to independent living
Whether this transition is in the best interests of the child


Citation: Tex. Fam. Code Ann. § 263.307(b) (LexisNexis through 2007 Reg. Sess.)

Statute Text:

The following factors should be considered…in determining whether the child's parents are willing and able to provide the child with a safe environment:
The child's age and physical and mental vulnerabilities
The frequency and nature of out-of-home placements
The magnitude, frequency, and circumstances of the harm to the child
Whether the child has been the victim of repeated harm after the initial report and intervention by the department or other agency
Whether the child is fearful of living in or returning to the child's home
The results of psychiatric, psychological, or developmental evaluations of the child, the child's parents, other family members, or others who have access to the child's home
Whether there is a history of abusive or assaultive conduct by the child's family or others who have access to the child's home
Whether there is a history of substance abuse by the child's family or others who have access to the child's home
Whether the perpetrator of the harm to the child is identified
The willingness and ability of the child's family to seek out, accept, and complete counseling services and to cooperate with and facilitate an appropriate agency's close supervision
The willingness and ability of the child's family to effect positive environmental and personal changes within a reasonable period of time
Whether the child's family demonstrates adequate parenting skills, including providing the child and other children under the family's care with:
Minimally adequate health and nutritional care
Care, nurturance, and appropriate discipline consistent with the child's physical and psychological development
Guidance and supervision consistent with the child's safety
A safe physical home environment
Protection from repeated exposure to violence even though the violence may not be directed at the child
An understanding of the child's needs and capabilities
Whether an adequate social support system consisting of an extended family and friends is available to the child

Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.

Circumstances That Are Grounds for Termination of Parental Rights
Fam. Code §§ 161.001; 161.002(b); 161.007

The court may order termination parental rights if the court finds by clear and convincing evidence that the parent has:
Abandoned the child
Knowingly allowed the child to remain in conditions or surroundings that endanger the physical or emotional well-being of the child
Failed to support the child in accordance with the parent's ability for 1 year
Voluntarily, and with knowledge of the pregnancy, abandoned the mother of the child beginning at a time during her pregnancy and continuing through the birth, failed to provide adequate support or medical care for the mother during her pregnancy, and remained apart from the child or failed to support the child since the birth
Been the major cause of the failure of the child to be enrolled in school as required by law or to be absent from the child's home without the consent of the parents for a substantial length of time or without the intent to return
Been convicted of any of the following crimes that caused the death or serious injury of a child:
Murder or manslaughter
Assault, sexual assault, aggravated assault, or aggravated sexual assault
Injury to a child or abandoning or endangering a child
Indecency with a child or prohibited sexual conduct
Sexual performance by a child or possession or promotion of child pornography
Continuous sexual abuse of a young child
Had his or her parental rights terminated with respect to another child
Failed to comply with the provisions of case plan established for the parent to obtain the return of the child

Used a controlled substance in a manner that endangered the health or safety of the child and failed to complete a court-ordered substance abuse treatment program or after completion of a treatment program, continued to abuse a controlled substance
Been incarcerated and unable to care for the child for 2 years
Been the cause of the child being born addicted to alcohol or a controlled substance
Voluntarily delivered the child to a designated emergency infant care provider without expressing an intent to return for the child
Been convicted of the murder of the other parent of the child
Been convicted of a sexual offense and the victim of the offense became pregnant with the parent's child
The rights of an alleged father may be terminated if:

After being served with notice, he does not respond by timely filing an admission of paternity or a counterclaim for paternity.
The child is over age 1 at the time the petition for termination is filed, he has not registered with the paternity registry, and after the exercise of due diligence by the petitioner, his identity and/or location are unknown.
The child is under age 1 at the time the petition is filed, and he has not registered with the paternity registry.
He has registered with the paternity registry but the petitioner's attempt to personally serve notice at the address provided to the registry and at any other address for the alleged father known by the petitioner has been unsuccessful, despite the due diligence of the petitioner.


Circumstances That Are Exceptions to Termination of Parental Rights
Not addressed in statutes reviewed.

Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.

Infant's Age
Fam. Code § 262.302

A child who is 60 days old or younger may be relinquished.

Who May Relinquish the Infant
Fam. Code § 262.302

The child may be relinquished by his or her parent.

Who May Receive the Infant
Fam. Code §§ 262.301; 262.302

A designated emergency infant care provider shall, without a court order, take possession of a child who appears to be 60 days old or younger if the child is voluntarily delivered to the provider by the child's parent, and the parent did not express an intent to return for the child. A ''designated emergency infant care provider'' means:
An emergency medical services provider
A hospital
A licensed child-placing agency that:
Agrees to act as a designated emergency infant care provider
Has on staff a person who is licensed as a registered nurse, or who provides emergency services and who will examine and provide emergency medical services to a child taken into possession


Responsibilities of the Safe Haven Provider
Fam. Code §§ 262.302; 262.303

A designated emergency infant care provider who takes possession of a child has no legal duty to detain or pursue the parent and may not do so unless the child appears to have been abused or neglected. The designated emergency infant care provider has no legal duty to ascertain the parent's identity, and the parent may remain anonymous. However, the parent may be given a form for voluntary disclosure of the child's medical facts and history.
A designated emergency infant care provider who takes possession of a child under this section shall perform any act necessary to protect the physical health or safety of the child.

Not later than the close of the first business day after the date on which a designated emergency infant care provider takes possession of a child, the provider shall notify the Department of Protective and Regulatory Services that the provider has taken possession of the child. The department shall assume the care, control, and custody of the child immediately on receipt of notice.

Immunity for the Provider
Fam. Code § 262.302

The designated emergency infant care provider is not liable for damages related to the provider's taking possession of, examining, or treating the child, except for damages related to the provider's negligence.

Protection for Relinquishing Parent
Penal Code § 22.041(h); Fam. Code §§ 262.303; 262.308

The parent may remain anonymous. All identifying information, documentation, or other records regarding a person who voluntarily delivers a child to a designated emergency infant care provider under this subchapter is confidential and not subject to release to any individual or entity.

It is an exception to the application of the law prohibiting abandonment or endangerment of a child that the actor voluntarily delivered the child to a designated emergency infant care provider.

Effect on Parental Rights
Fam. Code §§ 262.304; 262.305; 262.309; 262.105

A child for whom the Department of Protective and Regulatory Services assumes care, control, and custody shall be treated as a child taken into possession without a court order. When a child is taken into possession without a court order, the person taking the child into possession, without unnecessary delay, shall:

File a suit affecting the parent-child relationship
Request the court to appoint an attorney ad litem for the child
Request an initial hearing to be held by no later than the first working day after the date the child is taken into possession
If the Department of Protective and Regulatory Services files a suit affecting the parent-child relationship seeking termination of the parent-child relationship, the department shall file the suit not later than the 45th day after the date the department assumes the care, control, and custody of the child.

Immediately after assuming care, control, and custody of a child, the Department of Protective and Regulatory Services shall report the child to the appropriate State and local law enforcement agencies as a potential missing child. A law enforcement agency that receives a report shall investigate whether the child is reported as missing.

The Department of Family and Protective Services is not required to conduct a search for the relatives of a child for whom the department assumes care, control, and custody under this subchapter.


Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.

Statutes:

Websites for Statutes: www.capitol.state.tx.us
www.statutes.legis.state.tx.us
Citations:

Adoption: Family Code, Title 5, Chapters 162, 264 (§§ 264.110 and 264.111)
Child Protection: Family Code, Title 5, Chapter 261
Child Welfare: Family Code, Title 5, Chapters 161, 262-266

Regulation/Policy

Website for Administrative Code: http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC
Note:
See Title 40, Part 19

Website for Agency Policies: www.dfps.state.tx.us/Handbooks/

Other Resources

Department of Family and Protective Services

Child Fatality Review Team Operating Procedures
www.dshs.state.tx.us/mch/pdf/CFRT_Operating_Procedures.pdf (PDF - 876 KB)
Child Care Standards and Regulations
www.dfps.state.tx.us/Child_Care/Child_Care_Standards_and_Regulations/default.asp
Kinship Manual
www.dfps.state.tx.us/documents/Child_Protection/pdf/KinshipManualEnglish.pdf (PDF - 4020 KB)
Texas Foster Care Handbook for Youth
www.dfps.state.tx.us/Documents/Child_Protection/pdf/foster-care-handbook.pdf (PDF - 1020 KB)

Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.

Relative Placement for Foster Care and Guardianship
Citation: Fam. Code §§ 264.751; 264.752
In this subchapter:
''Designated caregiver'' means an individual who has a longstanding and significant relationship with a child for whom the department has been appointed managing conservator and who:
Is appointed to provide substitute care for the child, but is not licensed or certified to operate a foster home, foster group home, agency foster home, or agency foster group home
Is subsequently appointed permanent managing conservator of the child after providing care for the child
''Relative caregiver'' means a relative who:
Provides substitute care for a child for whom the department has been appointed managing conservator, but who is not licensed or certified to operate a foster home, foster group home, agency foster home, or agency foster group home
Is subsequently appointed permanent managing conservator of the child after providing care for the child
The department shall develop and procure a program to:

Promote continuity and stability for children for whom the department is appointed managing conservator by placing those children with relative or other designated caregivers
Facilitate relative or other designated caregiver placements by providing assistance and services to those caregivers


Requirements for Placement with Relatives
Citation: Fam. Code §§ 264.753; 264.754; 264.755
The department shall expedite the completion of the background and criminal history check, home study, and any other administrative procedure so that that the child is placed with a qualified relative or caregiver as soon as possible after the caregiver is identified.
Before placing a child, the department must conduct an investigation to determine whether the proposed placement is in the child's best interests.

The department shall, subject to the availability of funds, enter into a caregiver assistance agreement with each caregiver to provide monetary assistance and additional support services. The monetary assistance and support services shall be based on a family's need.

A one-time cash payment of not more than $1,000 shall be provided to the caregiver on the initial placement of a child or a sibling group to assist the caregiver in purchasing essential child care items such as furniture and clothing.

Monetary assistance and additional support services may include:

Case management services and training and information about the child's needs
Referrals to public benefits or assistance programs for which the child or the caregiver may qualify
Family counseling, not provided under Medicaid, for the caregiver's family for up to 2 years after the initial placement
If the caregiver meets certain eligibility criteria, reimbursement of all child care expenses while the child is under age 13, or under age 18 if the child has a developmental disability, and while the department is the child's managing conservator
If the caregiver meets the eligibility criteria, reimbursement of 50 percent of child care expenses after the caregiver is appointed permanent managing conservator while the child is under age 13, or under age 18 if the child has a developmental disability
Up to $500 per year for each child for other expenses


Relatives Who May Adopt
Citation: Fam. Code § 162.005

The following relatives have standing to adopt a child:
A grandparent
An aunt or uncle by birth, marriage, or former adoption
A stepparent


Requirements for Adoption by Relatives
Citation: Fam. Code §§ 162.005; 162.0085
The report on health, social, educational, and genetic history of the child is not required when the child is being adopted by a relative.
The court shall order each person seeking to adopt a child to obtain his or her own criminal history record information. The person must request the information from the Department of Public Safety, as provided by Government Code § 411.128.


Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.

What Are Reasonable Efforts
Citation: Family Code § 262.001
In determining the reasonable efforts that are required to be made with respect to preventing or eliminating the need to remove a child from the child's home or to make it possible to return a child to the child's home, the child's health and safety are the paramount concerns.

When Reasonable Efforts Are Required
Citation: Family Code §§ 262.001; 262.2015
Reasonable efforts must be made:
To prevent or eliminate the need to remove a child from the child's home
To make it possible for the child to return home
To finalize the permanent placement of a child for whom the court has made a finding that reasonable efforts to return the child home are not required


When Reasonable Efforts Are NOT Required
Citation: Family Code § 262.2015
The court may waive the requirement to make reasonable efforts if the court finds that the parent has subjected the child to aggravated circumstances:
The parent abandoned the child without a means of identifying the child.
The child is a victim of serious bodily injury or sexual abuse inflicted by the parent or another person with the parent's consent.
The parent has committed murder or manslaughter of a child, indecency with a child, sexual assault, aggravated assault, injury to a child, abandoning or endangering a child, prohibited sexual conduct, sexual performance by a child, or possession or promotion of child pornography.
The parent voluntarily left the child alone or in the possession of another person for at least 6 months without expressing the intent to return and without providing adequate support for the child.
The parent's parental rights to another child have been terminated involuntarily based on a finding that the parent's conduct violated § 161.001(1)(D) or (E) [knowingly placing or allowing the child to remain in conditions or surroundings, or with persons engaged in conduct, that endanger the child’s physical or emotional well-being].
The parent has been convicted for the murder or voluntary manslaughter of another child, or aiding, abetting, or attempting such crime.
The parent has been convicted of a felony assault that resulted in serious bodily injury of the child or another child of the parent.
The parent's parental rights with regard to two other children have been involuntarily terminated.

Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.

These issues are not addressed in statutes reviewed.


 
 
 

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