One of the CPS investigators has just called me. She has interviewed four children whose mother drinks to excess on a regular basis. The mother beats on the children when drunk and has apparently drunk while driving them in the car.

The father, who has some sort of conservatorship under a prior court order, has been advised by CPS to take the children and to seek a protective order. I have concerns about using a protective order to change custody. I do not think that is an appropriate use or even a legal use under the Family Code. Am I being too difficult here?

CPS says that cannot remove without giving an option for family placement which may not be with the father.

Jim,
For what it's worth, I have a policy that I do not use protective orders to resolve custody issues or establish custody etc. If the kids are in danger of family violence etc. then maybe a protective order keeping the abusive parent away from the kids or something like that, but not a custody determination.
Can you get to the requirement of 81.001 that "family violence" has occurred if you wanted to file the PO? As well as 85.001?

Mike--
Thanks for the input. I think we have this resolved for the time being.

But, on this same note, do you think that just excessive drinking and reckless behavior (e.g., drinking vodka while driving a car containing the children) is enough to consitute family violence? The definition in Sec. 71.004(a) says "intended to cause" bodily injury, etc.

I would have a real problem with this one, not to mention that my office is the wrong place to determine questions of child custody. IF there was enough violence to justify a temporary PO to give CPS a chance, I might do it. Otherwise - sorry, but no.

I don't think it fits the definition. What father needs is a TRO etc. filed through a SAPCR. I would not file it a protective order.

It's the beating, not the drinking. Beating = family violence. So, it fits.

But, FPO should not 'resolve' custody. It is just a stop-gap protective matter. Custody needs to fast-track through regular father or CPS routes.

Jim, I missed the part in the original post about "beats the kids"...That might be enough for me to file th PO, but, I would not resolve or attempt to resolve the custody issues, merely buy some time to allow Dad or CPS to formualte a more perminant solution.