Federal review of CPS includes Harris County cases

Presently about 30,000 Texas children receive services through the Texas Department of Family Protective Services. This agency includes Children’s Protective Services, better known as CPS. Sunday, July 20th’s Houston Chronicle ran a story about the shortcomings of the department based on a review by a federal agency. This federal agency was created by 1997 legislation, and the agency began reviewing all 50 states’ child welfare system outcomes in 2002. Recently there was a review of 65 CPS cases from Harris, Dallas, and El Paso Counties. Though a final report is expected in September 2008, the preliminary data highlights areas needing improvement. 

The article is fairly even-handed in its criticisms of DFPS and recognition of its budget constraints. On a positive note, Texas exceeds federal standards in providing for children’s educations needs. The federal standard is 95%, and Texas scored 97%. 

There were more areas where the state is falling well below the national standards. The most notable was in providing children with permanency and stability in their living arrangements. Texas’ score was 38%. However, providing permanency and stability is often a function of individual and family circumstances, availability of long term foster care, and the capabilities of each family to meet requirements to be reunited with the child(ren). Most of that is beyond CPS’s control. 

Areas where Texas is still falling behind include providing medical, mental health and substances abuse services. These areas can be improved, but that requires lobbying the legislature and intervention by concerned citizens. It is never too early to begin contacting your state representatives about the importance of children’s issues. 

To learn more about DFPS and the review process, visit their web site. To find out how to contact your state representative, visit the State of Texas online.

Houston Divorce and Geographic Restrictions

Frequently our office receives questions pertaining to geographic restrictions imposed by a final decree of divorce.  Unless the parents agree to another arrangement, the primary conservator of the minor children is restricted by court order in where he/she may live with the children.  Usually, when parties divorce in Houston, the primary parent is limited to Harris county, Texas and the contiguous counties -- meaning the counties that are directly touching Harris County.  This is actually a very broad area as the contiguous counties include Brazoria, Fort Bend, Waller, Montgomery, Liberty, Chambers, and Galveston counties. 

Help for Houston Families Seeking Health Plans

One of the largest challenges for families is locating affordable, quality health insurance.

Recently, Houston Mayor Bill White, launched a web site HoustonHealthChoice.com to assist individuals, families, and small business in locating just that.

When families are in the transitional process of divorce, and children are involved, the family court will require that the parents provide health insurance for the minor children.

I am hopeful that Mayor White's web site will offer a useful tool for families who earn too much to qualify for CHIP but who cannot afford to buy a private policy. For more information on Mayor White's health insurance web site, see the article from The Houston Chronicle from Wednesday, April 30, 2008.

5 Losses Suffered by Children of Divorce

 

A recent post in the Oklahoma Family Law Blog presented by Dan Nunely, deserves consideration by Texas parents going through divorce. 

In her article The Devastation of Divorce, Trish Berg states that children of divorce suffer a myriad of losses when their parents divorce. Ms. Berg points out that it’s difficult to understand the impact divorce has on the children's lives until we examine the losses they suffer in this process. She lists the following five main losses children experience during divorce:

1. Loss of Dad - When parents divorce, typically the dad leaves the home, and may not be present much in the lives of the children. This causes an emotional vacuum for the children, and they may feel rejected, alone, and unloved, no matter how much the single parent loves them.

2. Loss of Money – When dad leaves, so does a lot of the money. Economic resource are, at best, cut in half, at worst, single parent families live in poverty.

3. Loss of Security – Kids of divorce often move to a new, smaller home, in a new town, with a new school. They now have to visit their dad. If mom and dad then begin dating, an entirely new stress is added to their lives. Their sense of stability and security is shaken as their world has forever changed.

4. Loss of Harmony – Many kids whose parents divorce feel caught in the middle. The fighting may have stopped, but now Mom may talk negatively about dad, and dad may gripe about mom, all in front of the kids. Parents may play games with visitation, and hold the children as emotional ransom. This loss of harmony causes tremendous chaos and stress for kids.

5. Loss of Simplicity – Life for children of divorce can get very complicated. They have to schedule everything they do, and remember what weekends they are visiting dad so they don’t play in a soccer league with games then. They have to split heir holiday time - Christmas Eve with dad, Christmas morning with mom. And when life events hit, they have to worry about mom and dad being in the same place. Who will come to my eighth grade graduation? Will they see each other? Will they fight? Family life is now complex and chaotic, and that will last for the rest of their lives.

Children and Relocation

These days we live in a more mobile society, and issues such as moving and relocation are ever increasing in the family law realm. A helpful article from Kid’s Health was recently posted by the Missouri Family Law Blog, which I post here for your review and consideration.

Sooner or later, many families face the prospect of moving. Disruptive as moving can be for parents, the experience can be even more traumatic for kids, who may not be a part of the decision to move and may not understand it.

Kids may need some time and special attention during the transition. You can take steps to make the entire process less stressful for everyone.

Making the Decision to Move

Many kids thrive on familiarity and routine. So as you consider a move, weigh the benefits of that change against the comfort that established surroundings, school, and social life give your child.

If your family has recently dealt with a major life change, such as divorce or death, you may want to postpone a move, if possible, to give your child time to adjust.

The decision to move may be out of your hands, perhaps due to a job transfer or financial issues. Even if you're not happy about the move, try to maintain a positive attitude about it. During times of transition, a parent's moods and attitudes can greatly affect kids, who may be looking for reassurance.

Discussing the Move With Your Child

No matter what the circumstances, the most important way you can prepare your child is to talk about it early and often.

Try to give your child as much information about the move as soon as possible. Answer questions completely and truthfully, and be receptive to both positive and negative reactions. Even if the move means an improvement in family life, kids don't always understand that and may be focused on the frightening aspects of the change.

Involving kids in the planning as much as possible makes them feel like participants in the house-hunting process or the search for a new school. This can make the change feel less like it's being forced on them.

If you're moving across town, try to take your child to visit the new house (or see it being built) and explore the new neighborhood.

For distant moves, provide as much information as you can about the new home, city, and state (or country). Learn where your child will be able to participate in favorite activities. See if a relative, friend, or even a real estate agent can take pictures of the new house and new school for your child.

Moving With Babies, Toddlers, and Preschoolers

Kids younger than 6 may be the easiest to move, as they have a limited capacity to understand the changes involved. Still, your guidance is crucial.

Here are ways to ease the transition for young kids:

  • Keep explanations clear and simple.
  • Use a story to explain the move, or use toy trucks and furniture to act it out.
  • When you pack your toddler's toys in boxes, make sure to explain that you aren't throwing them away.
  • If your new home is nearby and vacant, go there to visit before the move and take a few toys over each time.
  • Hold off on getting rid of your child's old bedroom furniture, which may provide a sense of comfort in the new house.
  • Avoid making other big changes during the move, like toilet training or advancing a toddler to a bed from a crib. 
  • Arrange for your toddler or preschooler to stay with a babysitter on moving day.

Moving With School-Age Kids

Kids in elementary school may be relatively open to a move, but still need serious consideration and help throughout the transition.

There are generally two schools of thought about "the right time to move." Some experts say that summer is the best time because it avoids disrupting the school year. Others say that midyear is a better time because a child can meet other kids right away.

To avoid glitches that would add stress, gather any information the new school will need to process the transfer. That may include the most recent report card or transcript, birth certificate, and medical records.

Moving With Teens

It's common for teens to actively rebel against a move. Your teen has probably invested considerable energy in a particular social group and may be involved in a romantic relationship. A move may mean that your teen will miss a long-awaited event, like a prom.

It's particularly important to let your teen known that you want to hear about his or her concerns and that you respect them. While blanket assurances may sound dismissive, it's legitimate to suggest that the move can serve as as rehearsal for future changes, like college or a new job. After the move, consider planning a visit back to the old neighborhood, if it's feasible.

You might want to consider letting a teen who remains strongly resistant stay in the old location with a friend or relative, if that's an option. This may be particularly helpful if you're moving midway through the school year.

After Moving Day

After the move, try to get your child's room in order before turning your attention to the rest of the house. Also, try to maintain your regular schedule for meals and bedtime to give kids a sense of familiarity.

When your child does start school, you may want to go along to meet as many teachers as possible or to introduce your child to the principal.

Set realistic expectations about your child's transition. Generally, teachers expect new kids to feel somewhat comfortable in their classes in about 6 weeks. Some kids may take less time; some may need more.

After the move, if you're still concerned about your child's transition, a family therapist might provide some helpful guidance.

A move can present many challenges, but good things also come from this kind of change. Your family may grow closer and you may learn more about your child by going through it together.

Source: www.kidshealth.org

How to Tick-Off a Family Law Judge

One of the quickest ways to anger a family law judge is to bring a child into the courtroom without express permission. I’ve seen it happen at the Harris County Family Law Center on several occasions, and the result is always the same. The party who brought the child to court receives a stern “talking-to” from the bench. Though family law often revolves around children and children’s issues, the rule of thumb is to NEVER bring a child to court or into the court room unless expressly instructed to do so by the judge or your attorney. 

There are many good reasons for this. First, children who are school aged should be attending school – not missing school to attend court. Second, divorce and other family matters involve high conflict, which is better left for the adults and not for children to experience at court. Third, court is an intimidating place even for adults. Imagine how a child would feel coming to a strange place where people he/she does not know will make decisions about the most personal parts of the his/her life.  Finally, the subjects discussed in family court are sometimes rated PG-13, R, and at times X! Such topics (and language) are not appropriate for children of any age.

Obviously, there are exceptions to the general rule of thumb, such as when the judge wishes to interview the child in chambers, or during a final hearing in an adoption case. These are times when the judge wants input from the child, and the court staff makes special arrangements to ensure the child will have a good experience in court. 

The Houston-area family law judges are not mean people. They are charged with protecting the best interests of children in family cases, and to carry out this duty, the policies about bringing children to court must be strict. Rely on your attorney to provide direction on this. If you are a pro se litigant, then call the court clerk or coordinator to ask about the court’s policies concerning the presence of children. 

Product Safety for Children and Parents

Recent news stories about the safety of children's toys and other products prompted me to make this blog post.  US toy manufacturers have had to recall popular children's toys contaminated with lead paint, and more recently, certain baby cribs were recalled. 

A good source of information is the Consumer Product Safety Commission.  www.cpsc.gov

For more information, refer to the story from Saturday, September 22, 2007 in The Houston Chronicle, which can be found at www.chron.com/disp/story.mpl/ap/business/5155882.html

Consequences of Parental Alienation

During the divorce process, parents often find themselves at odds over numerous issues. Unfortunately, many children find themselves in the middle of a war zone. This is precisely why standard injunctions included temporary orders specifically forbid the parents from making disparaging remarks about the other parent in the presence of the children, or within earshot of the children. 

Courts and family law judges are sensitive to the best interest of the children, which does not include the exposure to derogatory statements about either parent, or other family members. Judges tend to be very protective of children during this process, and if the court finds evidence of deliberate efforts by either parent to alienate the children from the other parent, there can be serious consequences up to and including jail time. Court orders have teeth, and family judges have been known to bite when parents are behaving badly. 

Examples of deliberate parental alienation include: preventing the children from spending time with the other parent; urging the children to disrespect the other parent; making comments in front of or near the children that would cause the children to lose respect for the other parent; name calling; instigating arguments in front of the children; and subtle behaviors such as throwing away an otherwise appropriate gift the parent gives a child. 

Tensions run high during divorce, and these tensions can continue even after the divorce is final. If you have children, learning to co-parent with your Ex is crucial to the well-being of your children. Even if Mom and Dad no longer live together, they never take off their team jerseys as parents.