This is a mixed criminal/civil issue. Here's the "hypothetical":

Young mama has a baby but doesn't think she can adequately care for it, so she gives the baby to another couple to raise (who are not kin). No lawyers, no courts, no CPS involvement, just a verbal agreement. The couple proceeds to raise the child, without incident, for two years, until one day when they attempt to hand the child over to CPS, saying that they can no longer care for the child.

Q #1: Are there any criminal charges applicable to the birth mother's actions? To the couple's?

Q #2: So, how does CPS proceed?

This is an open-book take-home test, and you may use a calculator if necessary. Whadyathink?

I've got a pending termination appeal (In re T.M.) that is a lot like the facts in your "hypothetical." http://www.2ndcoa.courts.state.tx.us/opinions/case.asp?FilingID=23064; see also In re A.C., No. 12-04-00264-CV, 2005 WL 2404108, at *4 (Tex.App. -- Tyler September 30, 2005, no pet.) (mem. op.) (children voluntarily placed with paternal grandmother, but grandmother later brought children to CPS when she could no longer care for them; Held: children were removed as a result of mother’s neglect).

In my case, CPS took possession of the children under TEX. FAM. CODE § 262.104. CPS then filed a petition under TEX. FAM. CODE § 262.105. CPS set up a service plan for the presumed biological father (requiring {1} the completion of a psychological exam, {2} participation in a drug assessment and completion of all recommendations, {3} submission to random drug testing, {4} participation in, and completion of, parenting classes). In addition, a home assessment on the father was ordered.

Abandonment terminations are mainly under TEX. FAM. CODE § 161.001(1)(A), (B) or (C). The main issue under (1)(A) and (1)(B) is what the parent said about his/ her returning for the child. The wrinkle under (1)(C) is that a parent is only required to make arrangements for the adequate support of the child(ren), and not personally send support. Holick v. Smith, 685 S.W.2d 18, 21 (Tex. 1985); In re R.M., 180 S.W.3d 874, 878 (Tex.App. -- Texarkana 2005, no pet.). But see In re S.C., No. 07-98-0213-CV, 1999 WL 98125, at *4 (Tex.App. -- Amarillo February 26, 1999, no pet.) (not designated for publication) (regardless of the merit of mother’s contention as to the original arrangement involving the maternal grandmother, who became ill and was unable to care for the children, the record contains sufficient evidence upon which the trial court could have found that the mother was aware of the change of circumstances and the involvement of the Department, and yet she took absolutely no action to provide any support or care for her children).