Internet In Uproar Over Texas CPS Bill, But It Probably Shouldn't Be

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Beware, Texas parents! With a stroke of his pen, Gov. Perry may soon give CPS the power to pick up your kids without your consent.

That's why groups like the Texas Center for Family Rights, the Free Market Foundation and the Texas Republican Liberty Caucus are angry about SB 1440, which is awaiting Perry's signature. (They're fired up - Google "Texas SB 1440" and see for yourself.) The bill features a last-minute amendment tacked on by Democratic Rep. Patrick Rose that gives CPS the power to transport a child for purposes of an investigation without a hearing or parental consent -- the agency needs only an affidavit that says there's a "fair probability" of abuse.

But Joan Jenkins, a Houston lawyer and president of the Texas Family Law Foundation, says SB 1440 doesn't fundamentally change the game.

"Whoever is expressing concerns probably doesn't understand the full extent of the power of the court right now and CPS right now," Jenkins tells us. "To me, this bill does nothing except to give CPS an alternate manner in which to get a child who needs to be interviewed to the proper location if the parents are not cooperating."

Jenkins says the amendment to SB 1440 simply streamlines the inevitable.

"As a practical matter right now, if a CPS worker goes out to interview a child, and the parents come to the door and say, 'No, you can't see little Jimmy,' all [CPS has] to do is call the police and tell the police they need to go by for a welfare check," she says. "There are all kinds of remedies already in the family code that probably do as much or more than this legislation."

We should add that Jenkins isn't rehashing some established position -- she wasn't familiar with the amendment before we asked for comment and took some time to review it before offering her professional opinion. It's a perspective omelet made from the freshest of expertise eggs. (We should probably be investigated for cruelty ourselves if any kids happen to be exposed to that metaphor.)



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1 comments
natjimen
natjimen

I can't believe the freedom that CPS is given when it comes to making decisions about a child's welfare!!  If any of the caseworkers have an education in Family Psychology it would be a wonder. The run in's that my family have had with CPS have been nothing but a waste of whoever funds these people, who have no clue what family morals are. Not only do they lie and I mean continuously, when they find that there are no further grounds for there investigation they coach the reporting party into making accusations that are by far remotely true. Which I think the courts are wrong for not having the caseworker show proof of all allegations made. In our case we have not seen my grand daughter in over a year because the grand mother on the dad's side lied about so many things. What's really sad is the Judge didn't make the attorney or caseworker show any proof and removed a baby girl that has only known her mother since day one and put her with a father she never met and a grand mother that has an older daughter that moved out due to the mother being so physically abusive, what is even more sad than that is the caseworker could not come up with any grounds to continue her case nor did she have any showings of neglect or wrong doing on my daughter's part yet they still have kept my daughter from her baby girl. Bad thing is if you don't have $3500 for an attorney retainer fee your screwed! You have to settle for the court appointed that don't care what happens they just want your case done and off there docket....

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