All advice and opinions welcome!!

[txrose1998]

What is the name of your state (only U.S. law)? TX

I need some help and not really sure what to do. This is in regards to my sister. My sister is 36 years old and an alcoholic druggie. She has never been in legal trouble for her issues. She has never been in rehab. However, since the breakdown of her marriage a couple months ago, her situation has worsened cosiderably. She has been leaving her children alone for days at a time before someone realizes the situation and picks them up. She just dissappears. No contact...nothing. She is losing good stable relationships left and right. My family and I are at the end of our rope. Please help me with any advice on trying to get through to her. Are there any legal roads that we can take to get power of attorney over her in this situation? I know this might not be the correct forum to post this, but I have always valued you folks' advice and I hope you have some for me.

I will be happy to answer any additional questions.

Thanks again.

 

[bononos again]

What is the name of your state (only U.S. law)? TX

I need some help and not really sure what to do. This is in regards to my sister. My sister is 36 years old and an alcoholic druggie. She has never been in legal trouble for her issues. She has never been in rehab. However, since the breakdown of her marriage a couple months ago, her situation has worsened cosiderably. She has been leaving her children alone for days at a time before someone realizes the situation and picks them up. She just dissappears. No contact...nothing. She is losing good stable relationships left and right. My family and I are at the end of our rope. Please help me with any advice on trying to get through to her. Are there any legal roads that we can take to get power of attorney over her in this situation? I know this might not be the correct forum to post this, but I have always valued you folks' advice and I hope you have some for me.

I will be happy to answer any additional questions.

Thanks again.

Have you called CYS?
Should they find the problem, they may remove the children from the situation, then possibly the kids can be placed with a family member.
How old are the kids?

 

[txrose1998]

Have you called CYS?
Should they find the problem, they may remove the children from the situation, then possibly the kids can be placed with a family member.
How old are the kids?

I have not called them. I was not sure how serious they would consider the situation because of the kid's ages. Her son lives with her full-time and he is fourteen. Her daughter is only there EOW and she is thirteen.

 

[LdiJ]

I have not called them. I was not sure how serious they would consider the situation because of the kid's ages. Her son lives with her full-time and he is fourteen. Her daughter is only there EOW and she is thirteen.

Where is her son's father?

 

[txrose1998]

Where is her son's father?

Legally, he does not have one. He has never been in the picture.

 

[penelope10]

I have not called them. I was not sure how serious they would consider the situation because of the kid's ages. Her son lives with her full-time and he is fourteen. Her daughter is only there EOW and she is thirteen.

None legal advice, has the family tried sitting down and having an intervention with her? Unfortunately, I believe it can be a rather daunting task to have someone found incompetent in TX. (In other words forcing her into a treatment program since she hasn't been arrested etc). From a moral standpoint I think it's simply wrong to leave the children alone to fend for themselves. I'm really not sure if there is anything in the TX Family code as to the acceptable age for children to be left at home unattended. However, I'll try to google and find out. Or perhaps Proud will come along in the meantime. (She's got the fastest fingers in the West as far as finding out this kind of information).

Sadly, I do think that your family may have a duty and obligation to report this to CPS. I believe her behavior is a form of neglect that could lead to future child endangerment. However, that's IMO and not tied to any legal TX statute (based on kiddos' age). Like I said I'll try to find out something more concrete and post later.

 

[bononos again]

Where is her son's father?

Does the daughter's Father know what is happening?

 

[penelope10]

Found it, this is from the OAG's office in TX. Look under the section that lists neglect....

www.oag.state.tx.us/AG_Publications/pdfs/child_abuse.pdf

Hope this is of some help.

 

[txrose1998]

None legal advice, has the family tried sitting down and having an intervention with her? Unfortunately, I believe it can be a rather daunting task to have someone found incompetent in TX. (In other words forcing her into a treatment program since she hasn't been arrested etc). From a moral standpoint I think it's simply wrong to leave the children alone to fend for themselves. I'm really not sure if there is anything in the TX Family code as to the acceptable age for children to be left at home unattended. However, I'll try to google and find out. Or perhaps Proud will come along in the meantime. (She's got the fastest fingers in the West as far as finding out this kind of information).

Sadly, I do think that your family may have a duty and obligation to report this to CPS. I believe her behavior is a form of neglect that could lead to future child endangerment. However, that's IMO and not tied to any legal TX statute (based on kiddos' age). Like I said I'll try to find out something more concrete and post later.

Unfortunately, intervention has never worked for my sister. I could not seem to get any information from the CPS site to tell me about ages and home alone. If anyone else can tell me, I would be appreciative.

 

[txrose1998]

Does the daughter's Father know what is happening?

Well, he is aware she has issues. To give you more background.....back in 1996ish, my sister took off with her kids and dissappeared to FL for a year. No one could find her. After that incident, she lost custody of her daughter to the father. My neice, at that time, was unfortunately sexually molested during that time and contracted HPV.

 

[penelope10]

Unfortunately, intervention has never worked for my sister. I could not seem to get any information from the CPS site to tell me about ages and home alone. If anyone else can tell me, I would be appreciative.

I just posted a site for you, did you see it? I feel that if there is a question of neglect (and if this is going on during weekends etc and, therefore, does not fall under the latchkey example), that somebody probably should call CPS. They'll make the determination if there is neglect going on and if the children are being endangered.

 

[txrose1998]

I just posted a site for you, did you see it? I feel that if there is a question of neglect (and if this is going on during weekends etc and, therefore, does not fall under the latchkey example), that somebody probably should call CPS. They'll make the determination if there is neglect going on and if the children are being endangered.

I did see the site, penelope. Thank you....just reviewing it right now.

 

[txrose1998]

I just posted a site for you, did you see it? I feel that if there is a question of neglect (and if this is going on during weekends etc and, therefore, does not fall under the latchkey example), that somebody probably should call CPS. They'll make the determination if there is neglect going on and if the children are being endangered.

I just have to wonder....it is happening on the weekends....but the kids are teenagers....and are usually picked up by friend or family member within 24 hours of my sister disappearing. God, it really hurts that I might have to do this to my sister.

 

[penelope10]

I just have to wonder....it is happening on the weekends....but the kids are teenagers....and are usually picked up by friend or family member within 24 hours of my sister disappearing. God, it really hurts that I might have to do this to my sister.

I can only imagine. But obviously your sister needs help as does her kids. Like I said, CPS will make the determination if neglect is going on.

 

[proud_parent]

Or perhaps Proud will come along in the meantime. (She's got the fastest fingers in the West as far as finding out this kind of information).

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:

TEXAS FAMILY CODE

SUBTITLE E. PROTECTION OF THE CHILD

§ 261.001. DEFINITIONS. In this chapter:
(1) "Abuse" includes the following acts or omissions by a person:

(I) the current use by a person of a controlled
substance as defined by Chapter 481, Health and Safety Code, in a
manner or to the extent that the use results in physical, mental, or
emotional injury to a child;

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