Legal Question in Family Law in Texas

Adoption Relinquishment

We adopted a boy at 3 yrs old through the state, at 5 yrs he was diagnosed with Conduct Disorder, he is quite violent and has had to be placed in a hospital setting, his therapist says he will never be able to live in a family setting with little children. At this time no one wants to help pay for his care, medicaid says no, post adopt is now out of money, he gets a subsidy but they use but not enough. CPS says if we relinquish our rights we will be charged with neglect but this looks to be in his best interest, then the state would pay for his care. Any help?


Asked on 4/14/00, 10:27 pm

2 Answers from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Re: Adoption Relinquishment

You are probably not going to like this answer. First, when you adopted the child, he became your child the same as if he were your natural child.

Having said that, it is unlikely that a judge would grant a termination in this case. You are the parents and are responsible for the child and one of the purposes of the various laws is to have someone other than the state be primarily responsible.

On the other hand, if somehow you were able to legally terminate your rights, I don't see how CPS could charge you with neglect. What they probably meant was that they would do so if you abandoned the child or refused to care for him.

I understand your frustrations. Please get in contact with CPS (they can help you, too) and other local resources. There are private and governmental programs that might be able to help you. Some programs that can't provide direct help can refer you to others. Keep asking.

Good luck.

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Answered on 4/25/00, 10:57 am
James Grissom Law Office of James P. Grissom

Re: Adoption Relinquishment

I wonder if you were provide with an adequate, accurate health and genetic survey. Sometimes in cases such as this, this report omits or minimimizes the health history of the natural parents which would possibly contribute to the condition of the child. If this is so, you might have grounds to terminate the rights and return the child to CPS.

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Answered on 4/25/00, 1:36 pm


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