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When she doesn’t have one, politely but firmly tell her that she will have to stay outside until she gets one. She may tell you that she’ll return with police officers. If they knew what their legal rights were there would be significantly lower numbers of child removals.If she claims it’s an emergency, make her tell you what it is. Social workers, unlike policemen making an arrest, are not required to inform the parents of their legal rights.
If the court finds that the proposed ward is totally without the capacity to care for himself or herself, the court includes a finding of that fact in its final order and appoints a guardian with full authority.
It doesn’t matter if you think the allegation is unreasonable or stupid.
CPS is serious, and will presume that you are guilty as accused.
The physician or psychologist shall conduct the examination according to the rules adopted by the Texas Department of Mental Health and Mental Retardation and shall submit written findings and recommendations to the court.
In certain cases, the physician or psychologist may be asked to testify as to the nature and degree of the proposed ward’s incapacity.The proposed ward is entitled, on request, to a jury trial.