Termination Consequences: Is She Still My Sister?

When a parent loses his or her rights to a child through a Child Protective Service court proceeding (CPS), there are many consequences beyond the terminated rights of custody for that parent. The court ordered termination affects other individuals who may have had relationships with the child. For example, the child will no longer have a legal connection to any biological grandparents, siblings, aunts, uncles, cousins, or others. The biological family will no longer be able to inherit from or through heirship proceedings. The child would be treated as if she were never born to that biological family because she would no longer legally be a part of the family - a legal orphan.

Although a parent may be embarrassed that his or her parental rights were terminated, it is important that the parent quickly notify other family members with whom the child has a relationship. After the parent’s rights are terminated, certain adult family members only have 90 days to ask the court to provide them with a managing conservatorship role or some form of relative contact. Better, parents should contact family members as soon as CPS becomes involved. If qualified, other family members may take in the child before the termination occurs. Relative placement would help keep the child in familiar surroundings instead of being placed in a foreign foster home or group house. Whenever CPS is involved, please take them seriously.

With Limited Liberty & Restraints For All

The new transportation and criminal code statutes enacted by the 81st Legislative Session are in effect now. Are you up to speed? Here are a few of the common changes from last year.

1. No Phones Allowed. Unless you are parked, using a hands free device, or in an emergency, you can no longer use a cell phone while in a school zone. This includes calls, texting, games, etc. If you are under the age of 17, you cannot use any wireless device while driving anywhere.

2. Everyone Must Wear Seat Belts. Regardless of where you are in a vehicle, everyone must wear a seat belt or an appropriate restraint. It is a criminal offense for occupants 15 years of age or older. In addition, the driver will be held accountable for allowing passengers under the age of 17 years of age ride without wearing their seat belts.

a. Failure to Buckle Up Criminal Level: Misdemeanor
b. Failure to Self Buckle: $25-$50
c. Failure to Buckle Minor Passengers: $100-$200

3. Appropriate Seating for Children. Previously, once children reached the age of 4, they “graduated” from car seats. Now, Texas is addressing the gap in legislation to protect an even greater number of children. It is now a crime to transport children younger than eight years of age who are not properly secured in a child passenger safety seat system. No offense is committed if the child is taller than 4 feet, 9 inches.

Why the change? Keep in mind that the automobile industry designs vehicles with adults in mind (typically the 170 lbs adult male). Consequently the manufacturers direct occupants to use the appropriate child safety or booster seats per the owner’s manual.

The Tracy Firm provides an excellent magazine each year discussing “How safe are our children in our vehicles.” Please refer to their website for videos, charts, and other valuable information on what the Center on Disease Control has declared the greatest public health problem facing children, motor vehicle injuries.

Regardless of the child’s age, consider the following when determining whether or not a child is ready to use only the vehicle’s seat belt.

• Can the child naturally bend his legs at the knees over the edge of the seat when sitting completely back?
• Does the lap portion of the seat belt fit low on his hips just over the bony structure and top of his thighs?
• Does the shoulder portion of the belt fit across the center of his chest and cross the center of his shoulder?
• Is the child mature enough to remain properly seated without slouching or moving the seat belt into an improper position?
• Is the latch plate as far as possible from his center line?
  

If you answered “no” to any of the above questions, you should keep using a child safety restraint system to minimize potentially fatal car injuries to the child.

a. Failure to Use Child Safety System Criminal Level: Misdemeanor
b. First Offense Penalty: $25, plus other fees and a $0.15 court cost
c. Subsequent Penalty: $250, plus other fees and a $0.15 court costs

4. Open-Bed Truck Rides a Thing of the Past. Just because we are in Texas, I’ll include this last criminal code change.

Drivers will be held accountable for operating an open-bed pickup truck or an open flatbed truck or trailer when a child younger than 18 years of age is in the bed of the truck or trailer.

a. Criminal Level: Misdemeanor
b. Penalty: $25-$200

Now because it’s weekend of Valentine’s Day, I’ll end with this, slightly modified children’s poem.

First comes love,
Then comes marriage,
Then comes baby in a properly-installed-child restraint system-until-age 8-baby carriage.

Happy Valentine’s Day

From the Start, Thanks for Reading

Thanks for reading. My first blog (or attorney "blawg") is a general introduction about me, my philosophy toward the practice of law, and my perspective on the everyday type of laws. BTW, my blawg title, Everyday Texas Law, is a reflection of the type of law to be blogged rather than the frequency of the blogs.

I attended undergrad and law school at the University of Texas at Austin because I enjoyed the warmth of the south and, all things considered, UT was a great school. I earned academic scholarships, pledged a sorority, worked up to three jobs at one point, and laughed often. My wonderful husband and I met in college and now have two beautiful children to whom I am completely biased.

The practice of law is both fulfilling and humbling. Still, I believe in the power of one person. Thus, when I can educate and empower individuals, I will by providing pro bono legal services for the low income segment or by making quality legal resources accessible to the hard working middle class.

The American family is being pulled in many different directions. Families should be respected and preserved. Laws and entities which threaten the family should be challenged. Government should remember that it only exists at the will of the people and should restrain its interference. Nonetheless, I am grateful to our U.S. troops and take pride in saying that I am an American citizen.

Despite the plethora of lawyer jokes, most clients receive competent legal advice, effective advocacy, and creative, problem solving counsel. To elevate the bar, here are a few things to which I commit to being:

• An attorney who will not be ashamed at night of her conduct during the day.


• An attorney who will not hide things to project an image.


• An attorney who will pray with her clients and the opposing side.


• An attorney whose rates reflect her need not her greed.


• An attorney who appreciates both book and street knowledge.

• An attorney who believes that God wants her to defend the rights of the wronged, the fatherless, and the widowed.

Christ is my pattern. He went to the cross to protect others. His disciples risk their lives to stand up for what is right. I will do no less. I try to follow Him in every decision I make. Doing so led me to the practice of law. This is where I fight for what is right. I have been trained for this battle and I willingly accept.

So, this is Alicia Fortson. Welcome to my thoughts.