Adoption family in desperate need – Texas

Location: Texas

Legal Issue: CPS has created an impossible situation regarding my adopted 10-year-old son, who requires repeated psychiatric hospitalizations. While his father eventually picked him up this time after several days, he has stated he will abandon him at the hospital during the next admission, leaving me with only criminally liable options.

Background: In 2016, my ex-husband and I adopted two boys (then ages 2 and 6). Our now-10-year-old has severe mental health diagnoses, including Conduct Disorder/ODD, Bipolar Disorder, ADHD, and emerging Antisocial Personality Disorder traits. He has engaged in sexual abuse of my daughter, violence toward family members and animals, property destruction, and weapon threats. I have sustained serious injuries, including a broken collarbone, from his assaults.

The Legal Problem: CPS has told me I have only two options, both resulting in criminal charges:

1. Bring him home = endangerment charges (unsafe for other children)
2. Don’t pick him up from the hospital = abandonment charges

CPS supervisor mentioned Joint Managing Conservatorship, but said:

• Likelihood of approval is “very slim.”
• I would still face abandonment charges
• I would owe child support payments to CPS
• Removal from home is unlikely due to his age and violence level

Current Status:

• The hospital discharged him despite having no placement
• Ex-husband initially refused to pick him up from the hospital due to safety concerns, but eventually retrieved him several days later
• Ex-husband has stated he will abandon him at the hospital next time and will not pick him up again
• No residential treatment facility will accept a violent 10-year-old
• CPS supervisor was supposed to call back, but now no one returns calls. I have gone to their office in person, waiting for hours for someone to talk to me.

Extensive Documentation of Attempts to Find Help:

• 20+ psychiatric hospitalizations
• Continuous therapy since age 2
• Multiple psychiatrists over 5 years
• Contacted 25+ treatment facilities (all deny due to age restrictions or violence level)
• Several attorneys were consulted, but none were willing to take the case

Questions:

1. Can CPS legally force me to choose between two options that both result in criminal charges?
2. Are there legal protections for parents of adopted children with severe mental health issues who become unsafe?
3. What are my rights regarding Joint Managing Conservatorship in Texas?
4. Can I compel CPS to provide alternative solutions rather than only offering criminally liable options?
5. Are there emergency legal remedies when a child is discharged from the hospital with no safe placement available?

I need immediate legal guidance as I’m facing potential criminal charges regardless of what decision I make, while trying to protect my other children’s safety.