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All states are different in their laws but the beginnings are the same. Meaning that you
must prove to the courts that a child is in danger, you must show that you are ready
willing and able to care for the child. You must show that harm will come to the child if
nothing is done.
If the child is immediate danger, please call CPS or 911, in Texas you can file a report
with CPS on the interne at https://www.txabusehotline.org/PublicMain.asp or call
the hotline numbers below
Or you can call the Abuse/Neglect Hotline at 1-800-252-5400 if you live in Texas,
Oklahoma, Louisiana, Arkansas, or New Mexico. Other states may use
1-512-834-3784 to report abuse or neglect that has occurred in Texas.
I AM NOT AN ATTORNEY THIS IS NOT LEGAL ADVICE AND SHOULD NOT BE CONSTRUED AS SUCH
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There are Federal Laws that basically say that CPS must look for next of kin, a grandparent,
aunt, uncle, older brother or sister that is ready willing and able to take care of the child if
removed from the home. ASFA - The Adoption and Safe Families Act and other
information about the ASFA can be found online at
http://www.adoption.org/adopt/adoption-and-safe-families-act-of-1997.php
The US Constitution contains information about placing a child in the home of a relative over foster
care if at all possible.
THE CIVIL RIGHTS OF CHILDREN Federal code:
U.S.CODE 42 SUB-SECTION 1983 CIVIL RIGHTS OF CHILDREN. " A CHILD
IS A PERSON AND NOT A SUB PERSON OVER WHOM THE PARENT HAS
AN ABSOLUTE POSSESSORY INTEREST (THIS IS NOT OWNER SHIP BUT
IN A STATUS SYSTEM, BECAUSE OF THE VULNERABILITY OF
CHILDREN, THEIR POSSIBLE INABILITY TO MAKE CRITICAL DECISIONS
IN A MATURE MANNER, SUCH AS IN THE IMPORTANCE OF GUIDANCE.)
THE TERM "CHILD" DOES NOT NECESSARILY MEAN A MINOR, BUT CAN
INCLUDE ADULT CHILDREN AND EVEN ADULT NON DEPENDANT
CHILDREN. CHILDREN ARE GENERALLY AFFORDED THE BASIC RIGHTS
EMBODIED BY THE CONSTITUTION.
THE EQUAL PROTECTION CLAUSE OF THE 14th AMENDMENT IS SAID TO
APPLY TO CHILDREN--LEGITIMATE OR OTHERWISE, BUT EXCLUDING
UNBORN CHILDREN."