Texas Child Protection Law Bench Book
August 2015 edition
3. Show Cause Hearing
15 minutes; up to 25 suggested best practice
Prior to Hearing:
⧠ Suit supported by sworn affidavit
⧠ Hearing promptly set after filing
⧠ Child’s AAL/GAL appointed and notified
⧠ All necessary parties served
⧠ CCEJ identified
At Hearing (follows Tex. Fam. Code § 262.201):
⧠ Identify parties present
⧠ Inform parents of right to attorney
⧠ Determine indigence
⧠ If AAL hasn’t seen client, form filed
⧠ DFPS notice to relatives
⧠ Need for language interpretation
⧠ Child Placement Resources Form/efforts to identify/locate parties not present
⧠ CPS and criminal background checks conducted and home studies initiated
⧠ Indian/Native American Heritage
At the End of the Hearing:
⧠ Determine sufficient evidence to grant DFPS TMC of child; if not, child remains in home
⧠ Document remaining is home is contrary to welfare; reasonable efforts to prevent removal and to return child home
⧠ If child removed, issue appropriate order under Tex. Fam. Code Chapter 105
⧠ If child removed, inform parents that rights may be terminated or limited
⧠ If cite by pub needed, may render temporary order anyway
⧠ Place child with noncustodial parent or relative unless not in best interest
⧠ Determine aggravated circumstances alleged or exist
⧠ If family violence, protective order necessary or available
⧠ Child victim of human trafficking, placement in secure agency foster or group home
⧠ ISSUE COURT ORDER:
• Service
• Parentage or DNA testing
• Dismissal date
• Transfer to CCEJ
Best Practices:
⧠ Diligent efforts to locate parties not present
⧠ Engage parties with direct questions
⧠ Ask DFPS direct and specific questions about reasonable efforts
⧠ Review services with parents
⧠ Set Status Hearing date
⧠ Open court notice
⧠ Ask the following questions:
• What is preventing this child from remaining in the home today?
• How is my decision specific to this child and this family?
• Are there cultural issues we need to understand?
Well-being Issues at Show Cause Hearing:
⧠ School stability, education goals, progress, and issues, and education decision-maker
⧠ Medical care and behavioral or psychiatric care
⧠ Young adult presence at hearing or opinion about education or medical care