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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11707
Experience:  Licensed Texas General Practice Attorney
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How long does Child Protective Services keep your kids if they

Resolved Question:

How long does Child Protective Services keep your kids if they take them?
Submitted: 2 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 2 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

Customer:

Ok.

ScottyMacEsq :

Approximately 12 months of services are provided to children who remain safely in the home while the family receives services. If it is determined that a child cannot remain in the home, even with family preservation and support services, then foster placement is arranged in the most family-like setting, that is located close to the parent's home, consistent with the best interests of the child.


Up to 18 months of services are provided to children and their families when a child has been removed from the home and the family is making progress toward reunification. When a child cannot be returned to a safe home after services have been delivered, the child must be provided with a family-like living arrangement as soon as possible.

Customer:

I can accept this answer, but I was interested in knowing specifically how long CPS can keep a child for questioning, following a new investigation.

ScottyMacEsq :

What's the nature of the investigation?

Customer:

It is an abuse investigation.

ScottyMacEsq :

(that is, it's not a complete removal from the home, with a set plan for the parents to follow through with to have the child returned?)

Customer:

Then is it typical for the investigation to take place with parents present at all times? The CPS folks are coming by tomorrow, and I want to know, if they can just take them for questioning, and for how long.

ScottyMacEsq :

My apologies. It's 18 months if the child is actually removed from the home following an affirmative finding of need to remove. But if such a finding has not been found, the law allows the police or a CPS agency to detain children from their parents or guardians for up to 72 hours for their protection if the Emergency Response Children's Social Worker (ER-CSW) who initially investigates allegations of abuse or neglect believes that the children are at risk in their homes. After 72 hours, CPS is supposed to return the child, although it might be necessary (in the case of an abuse of the process) that the parent would need to file a motion for return.

ScottyMacEsq :

So by law, it's 72 hours for an investigation.

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11707
Experience: Licensed Texas General Practice Attorney
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