All advice and opinions welcome!!

[txrose1998]

Penelope already responded with good information from the OAG. Just wanted to add that it might be possible that your sister's substance use would meet the following statutory definition of child abuse:


FAMILY CODE CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT


I agree with pen that given the circumstances you describe, your best course is to contact DFPS and make a report (you may request to remain anonymous); let them make the determination whether neglect or abuse is occurring.

DFPS - Report Abuse or Neglect

This is all good info to get my nephew and neice out of harm's way. But does anyone know of anyway to get my sister out of harm's way as well?

 

[texastepmom]

unfortunately, you can't force someone to get help... just like it's difficult to force hospitalization for mental illness. unless they are a proven danger to themselves or someone else, they have a "right" to be mentally ill, alcoholics, drug addicts, etc.

hopefully getting her children taken away will be a wake up call and her "hitting bottom".

good luck.

 

[proud_parent]

If you want to attempt another intervention, these people may be able to help:

Mental Health and Substance Abuse Services

 

[txrose1998]

Thanks for all the replies....you have been very helpful, as always.

 

[txrose1998]

I just got a call from my sister's ex-husband.....she has yet to pick up her son. She has not seen him since she left him on Friday night. Would this be something that CPS would consider neglect? Even if he is with a stable adult?

 

[proud_parent]

I just got a call from my sister's ex-husband.....she has yet to pick up her son. She has not seen him since she left him on Friday night. Would this be something that CPS would consider neglect? Even if he is with a stable adult?

So the boy is with his father? IMO, that is unlikely to be considered neglect.

Kudos for wanting to help both your nephew and your sister -- but what is your nephew's father doing to help? Does he share your concern that there may be neglect or abuse? If so, has he reported it? Has he taken any steps toward modifying visitation and/or custody?

 

[txrose1998]

So the boy is with his father? IMO, that is unlikely to be considered neglect.

Kudos for wanting to help both your nephew and your sister -- but what is your nephew's father doing to help? Does he share your concern that there may be neglect or abuse? If so, has he reported it? Has he taken any steps toward modifying visitation and/or custody?

No, her ex-husband is not my nephew's father. She was never married to her son's father. HE has never been a part of the picture.

 

[txrose1998]

I have another question related to this situation.

A family law attorney friend of mine suggested that my father go for temporary conservarship of my sister's nephew when he comes to pick him up for an extended period. Any advice or opinions on that? Would that necessarily have to involve CPS?