NEED HELP!!! I am reviewing a case for grand jury presentation where CPS investigators attempt to remove a child per an emergency removal order of the court (note - the actual order is a hand-written one, which misidentifies the child by using the wrong last name, but i digress). Upon arriving at the home and verbally informing the mother of the child that the child is to be removed, the mother and a grandmother scream, shout, raise cane and demand the CPS investigators leave the property. Per CPS's policy, they leave and go get the sheriff's office to assist in the removal of the child. Once they arrive with the sheriff's office, mother and grandmother and most importantly child are gone. Subsequently, the sheriff's office locates the grandmother and drag her into court, under a writ of attachment which is issued by the civil court and the judge demands to know the location of the child. At no time is grandmother advised of any rights to remain silent, right to counsel, etc. Grandmother admits on the record that she and her daughter removed the child in direct relation to the CPS attempt to remove the child. Grandmother also will not give up the location of the child. I get dragged into the proceedings by the judge who wants grandmother and mother charged with either aggravated kidnapping (see 20.04(6)) OR interference with child custody. I am reviewing it for grand jury presentation as interference with child custody but I am concerned w/ a couple of things: 1) the order of the court authorizing the removal of the child from its mother's custody and granting sole managing conservatorship to the Dept was never handed to the mother or explained to the mother; & 2) CPS left the grounds of the home w/o ever taking physical possession of the child;
Moreover, the child was subsequently turned over to CPS voluntarily once the child's mother hired an attorney, who immediately advised her to turn the child over. Just curious has anyone else dealt with a set of facts like this? Also, what are you thoughts on proceeding with criminal charges on this set of facts? Any help would be GREATLY appreciated!

I'm not saying ignore the felonies (although I also don't think a civil judge - or any other judge - should be demanding indictments, but that's another issue for another time), but you could also look at interference with public duties. Just a thought.

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(although I also don't think a civil judge - or any other judge - should be demanding indictments, but that's another issue for another ti

Thanks Gretchen. I really appreciate the advice. That sounds like it may be a better fit. With all of the interference of the civil court, I was really concerned about the cases on their face. Thanks again