We have two children (not sure of the ages but well under 17) who have recently come from Amarillo to my county. The mother remains in Amarillo and the children are living with a man who the mother previously lived with. The man is no relation with the children. Law enforcement suspects illegal activity occurring at the residence (drugs) however no charges at this time. CPS in Amarillo had a case open on the mother and the kids. However, since the children are no longer in Amarillo, CPS in Amarillo has closed the case. They did not transfer it to my county. Law enforcement called the CPS hotline to report the problem but was informed that there was nothing they could do. The children have not been enrolled in school. It appears that it is not a good situation that the children are in at this time.
Does anyone have any suggestions/ideas on what can be done about the children?
The Education Code Ch. 25 provides for penalties (Class C last time I used it) for both children who fail to attend school and parents who fail to require children to attend school. This may allow you to at least get a status update on the children's well-being. Since I don't know enough of the particulars to determine if the non-parent with whom the children reside has committed an offense, I would suggest getting the Failure To Attend School case before the Juvenile Court as quickly as possible. You probably will get a Juvenile Court contempt referral after the kids continue to fail to attend school as ordered by a J.P. or municipal court. The Juvenile Court can do many more things than can a J.P. Court with the absent parent and, ultimately, can determine the children's residence. Good luck.
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