This is helpful to have!
Day 1: Removal of Child/Emergency Hearing
CPS may conduct an emergency removal of a child if a CPS worker finds:
• there is a present danger of serious harm to the child in the home
• the caregiver’s protective capacities are insufficient to keep the child safe from the harm; and/or
• there are no reasonable efforts that CPS can make to prevent removal of the child that would be consistent with the safety of the child.
If a child is removed by CPS without a hearing, an emergency hearing must be held by a court on the “first working day” after removal, but no more than three days after removal. At this hearing, the court will determine if the factors listed above exist. If the above-findings are made, the child will remain in the possession of CPS until further order of the court.
Day 14 (after removal): Adversary Hearing
At this hearing the court will enter temporary orders regarding the child or return the child to the parent, guardian or relative if the court finds it is safe to do so and is in the child’s best interest .If the child is not returned, the court will name CPS as the temporary managing conservator of the child and the temporary orders will set forth guidelines regarding the rights of the parties, visitation, child support, and services to perform (i.e. counseling, substance abuse evaluations, random drug tests, anger management, and parenting classes)
Day 60 (after removal): Status Hearing
Within 60 days after temporary managing conservatorship is awarded at the 14 day Adversary Hearing, the court will review the child’s status and the permanency plan.
Day 180 (after removal): Initial Permanency Hearing
At this hearing the court will perform the following tasks:
• Review or locate any services efforts for the parties and the child
• Review CPS’s efforts in attempting to locate all necessary persons; requesting service of citation; and obtaining assistance from a parent in attempting to locate an absent parent, alleged father, or relative of the child.
• Return the child to the parents if it is safe to do so and is in the child’s best interest.
• Place the child with a non-parent having standing under Chapter 102 of the TFC if it is safe to do so and is in the child’s best interest.
• Evaluate CPS efforts to identify relatives with whom placement could be safely made.
• Evaluate the parties’ compliance with temporary orders and the services plan.
• Determine whether the 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 interest of the child or if any other plans or services are needed to meet the child’s special needs or circumstances.
• Determine plans, services, and further temporary orders necessary to ensure final orders are rendered prior to the dismissal deadline.
Day 270 (after removal): Permanency Hearing
At this hearing the court will perform the same duties and tasks as it did at the 180 day Initial Permanency Hearing. Every 120 days after the 180 day Initial Permanency Hearing, the court will conduct additional permanency hearings and will continue to perform the duties and tasks at each hearing. The court may shorten, but may not extend, the 120 day deadline for subsequent permanency hearings.
Day 360 (after removal): Trial/Dismissal of Suit/Extension of Case
At this stage, the court must enter a final order, dismiss the case, or extend the deadline for the finalization of the case by 180 days if the court finds extraordinary circumstances. “Final order” is an order that does one of the following:
• Returns the child to a parent;
• Grants managing conservatorship to a relative or other person;
• Appoints CPS as the permanent managing conservator; or
• Terminates the parent-child relationship.
At this hearing, the court may also extend the time to enter a final order by an additional 180 days from the original deadline.
Day 540: Dismiss/Return to Monitor/Trial
The case must be dismissed on the next Monday following 18 months from the date the temporary managing conservatorship was granted to CPS unless either:
• A final order has been entered or
• The child has been placed with a parent or relative for up to 180 days of monitoring.
Day 720: Dismiss/Trial
The case must be dismissed or the court must enter a final order regarding the conservatorship of the child by this date.
No comments:
Post a Comment