Can I file a motion to set aside CPS orders or dismiss the case in Texas?

Question

CPS conducted an emergency removal of my children on June 13 based on false statements, claiming they removed them from me instead of from my mother. The initial adversary hearing was held on June 25 but postponed to July 12 due to issues serving the absent father. On July 12, the children were returned to my mother as part of my agreement to services under confidentiality. Allowing the children to return to my mother was a crucial part of this agreement, and I wouldn't have agreed without it. CPS later broke the confidentiality deal. Tragically, my mother passed away on November 27. In less than three weeks, CPS terminated all visitation and refused updates from December 19, citing "extraordinary circumstances" to extend the dismissal date from June 16 to December 13, following my request for a jury trial. They are pursuing termination of my rights without grounds. I possess evidence, including police and phone records, medical records, witness statements, emails, and a recording with critical information from the investigator the day after removal, contradicting CPS's statements. Additionally, a petition for service participation on June 12 was non-suited on June 14. All orders have been signed by an associate judge. Do I have grounds to file a motion to set aside orders or dismiss the case?

John Michael Frick · Answer

Nothing in your question suggests that you have grounds to set aside orders or to dismiss the case. 
 
On the other hand, it is clear from your question that you need to share the evidence you have gathered with your attorney.  IF CPS is seeking termination of your parental rights and you are indigent, you are entitled to a court-appointed attorney.  Attorneys on the court appointment wheel for CPS cases are very familiar with the process and CPS procedures and historical weaknesses.  Not all attorneys who practice in the area of family law are, as many attorneys avoid CPS cases entirely because of the time commitments involved.  Listen closely to your attorney and follow his or her advice.   
 
Your attorney--and only your attorney--can tell you the best time and way to present all of that very good evidence you have collected for maximum impact and optimal results in your particular case.  It is very important to focus on the false allegations asserted against you that have been cited for the emergency removal of your children, and then use evidence of CPS's own acts and omissions to supplement the evidence which proves you have never abused or neglected your children and that allegations otherwise against you are provably false.

James L. Arrasmith · Answer

Given everything you’ve described, it sounds like you may have strong grounds to file a motion to set aside the CPS orders or seek dismissal of the case. When CPS relies on false statements and breaks confidentiality agreements that influenced your decisions, that can be viewed as a violation of due process. The fact that your children were removed under incorrect claims and that CPS later changed the terms without honoring your original agreement can be very significant in court. 
 
If all current orders were signed by an associate judge, you also have the right to request a de novo hearing before a district judge, especially if you objected within the required timeframe. Your documentation—including police records, recordings, witness statements, and other evidence—could be critical to showing that the removal and ongoing actions by CPS were unjustified. The change in circumstances following your mother’s death, along with the sudden visitation termination and extension of dismissal timelines, further supports your claim that the agency has acted beyond what is fair or legal. 
 
You can file a motion to set aside based on newly discovered evidence, fraud, or procedural violations. If CPS is trying to terminate your rights without legal grounds, and you’ve requested a jury trial, your rights are still active and worth fighting for. Stay organized, keep all your records in order, and continue to document everything. This is your life, your family—your story matters. Don't give up your right to be heard.

Q: Can I file a motion to set aside CPS orders or dismiss the case in Texas?