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Incorrect Procedure Followed for Emergency Removal of Children

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  • 02-15-2018, 03:56 PM
    SarcasticSara
    Incorrect Procedure Followed for Emergency Removal of Children
    My question involves child abuse or neglect in the State Texas

    following the emergency removal of the child by cps,, the paperwork sent to the parents states the original petition for conservatorship in suit was filed in the court on Tuesday. The CPS social workers notarized affidavit is dated Tuesday as well. However, the ex parte order for the emergency removal was not signed by the judge until Wednesday. Is the suit against parents still valid if it was initiated prior to the judge actually granting the removal?
  • 02-15-2018, 04:09 PM
    adjusterjack
    Re: Incorrect Procedure Followed for Emergency Removal
    What do you mean by "hold up"?
  • 02-15-2018, 04:30 PM
    SarcasticSara
    Re: Incorrect Procedure Followed for Emergency Removal
    is it still valid if filed before judge authorized
  • 02-15-2018, 04:41 PM
    Mr. Knowitall
    Re: Incorrect Procedure Followed for Emergency Removal of Children
    When you speak of "conservatorship" are you talking about a custody case in Texas, an action by a third party to take custody before the children had to be removed, or something else? If you're referring to a custody case or guardianship action, a protective proceeding trumps a custody case or petition for guardianship. The children can still be removed from a parent's custody for their safety.

    You chose not to follow the instruction to identify your state, and it is not clear what you are trying to say, so please try making a better statement of the facts and clarify your question.
  • 02-15-2018, 04:57 PM
    SarcasticSara
    Re: Incorrect Procedure Followed for Emergency Removal of Children
    apologies, I did not deliberately leave out state....edited to correct

    yes, cps filed emergency removal against parents in Texas, question is regarding documents pertaining to the suit being filed in court without a judge having signed the order for the emergency removal until the next day.
  • 02-15-2018, 05:03 PM
    cbg
    Re: Incorrect Procedure Followed for Emergency Removal of Children
    So the children were removed on Tuesday and the judge signed the order authorizing it on Wednesday? Is that what you're trying to say?
  • 02-15-2018, 05:09 PM
    SarcasticSara
    Re: Incorrect Procedure Followed for Emergency Removal of Children
    No. child was removed prior to that. social workers affidavit of investigation and courts suit against parents were dated Tuesday, Wednesday is when the emergency removal order as requested originally by cps was actually signed by the judge
  • 02-15-2018, 06:05 PM
    cbg
    Re: Incorrect Procedure Followed for Emergency Removal of Children
    Logic would indicate that, if a judge found that an emergency removal was appropriate, then the sooner the children were out of the situation the better.
  • 02-15-2018, 11:20 PM
    Mr. Knowitall
    Re: Incorrect Procedure Followed for Emergency Removal of Children
    Quote:

    Quoting SarcasticSara
    View Post
    No. child was removed prior to that. social workers affidavit of investigation and courts suit against parents were dated Tuesday, Wednesday is when the emergency removal order as requested originally by cps was actually signed by the judge

    It is possible for circumstances to warrant removal before it is possible to get to court. The court then issues an order authorizing the emergency action.

    The parent(s) can seek legal counsel for the protective proceedings, and sort things out with counsel.
  • 02-16-2018, 02:18 AM
    SarcasticSara
    Re: Incorrect Procedure Followed for Emergency Removal of Children
    I understand the emergency removal process. I'm trying to find out the court paperwork process involved. the citation for the sapcr was filed against parents the day before the emergency removal was approved and signed by judge. just trying to find out if that is proper procedure, proceeding in filing the suit without judges orders having been granted at the time. I would think the emergency removal signed by judge would be required in order to proceed with filing the suit against the parents, or am I wrong?
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