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Texas Child Safety Investigations Get More Difficult
By Lily Garza
October 6, 2008
Texas child abuse investigators are facing a new policy that would make it more difficult to remove kids from homes. They are now advised to seek a court order before removing a child from a home unless extreme danger is visible. This policy change is a result of a new federal appeals court ruling.
In July, a three-judge- panel of the 5th Circuit Court of Appeals, which has jurisdiction over Texas, Louisiana, and Mississippi, finally ruled on a long-running suit filed against the state of Texas by Gary Gates, his wife, and their 13 children. The suit alleged that state and local officials acted unjustly during a child abuse investigation but were protected by government immunity.
The Gates family claims that the officials disregarded and violated their constitutional rights by removing their children during the investigation. The court ordered the children to be returned and the state eventually dropped the investigation.
The court set new requirements for child abuse investigations in all three states that it covers.
Parental rights groups see the new requirements as a victory while prosecutors and child advocates worry that it may lead to more dangerous situations for children.
"The decision will require us to make some extremely difficult decisions," said Carey Cockerell, commissioner of the Texas Department of Family and Protective Services in an "urgent legal advisory" sent Friday to all Child Protective Services personnel, according to the San Antonio Express-News.
The advisory said that new measures would be taken to protect staff members from being sued in the future.
Under the new policy, an investigator must obtain parental consent or a court order before removing a child "unless life or limb is in immediate jeopardy or sexual abuse is about to occur," the memo said. Previously, investigators would remove the child if danger was suspected and ask a judge for a court order the next business day.
Also investigators must now consider each child in a home and will be allowed only to remove the ones involved in alleged abuse. Previously, it was standard to remove all children from a home where abuse was suspected. This practice came under fire in April when CPS removed 400 children from a polygamist group in West Texas.
The Texas Supreme Court ruled in May that it was unjustified to remove all the children based on allegations that only a few teenage girls were married to adult men. All the children were returned to their homes, expect the ones directly involved in the allegations.
Richard Wexler, executive director of the National Coalition for Child Protection Reform, said the new policies will not be detrimental because it is not very difficult to get a court order for removal.
He said the new policies will give investigators "a chance to stop and think whether there is something that can be done that is less traumatic to the child" than being removed from home.
A CPS spokesperson said the state had no choice but to conform to the court’s ruling.
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