Question:

Legal Question for Texas, Please help?

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I'm not going to go into details.. But an accident occured while I was at work one day and my daughter (7yrs old) was burned on the stomach when she dropped soup that her babysitter had made..

Yesterday, my baby came home and told me that she was called into the nurses office. There was a man there and did the following:

** Asked personal questions.

** Took a picture of her

** Took a picture of her burn

** Recorded the whole conversation..

I understand this could easily be a CPS deal.. BUT, FIRST, I didn't do anything NOR will I EVER do anything to harm my child...

and Second, (this is my question) IS IT LEGAL FOR THEM TO RECORD AND TAKE PICTURES OF MY UNDER-AGE DAUGHTER WITHOUT MY PERMISSION???

Any advise would be helpful...

Thank you for your help!

AND PLEASE DON'T GET ME WRONG: I understand that this is a necessary process to protect children.(if it is CPS). BUT Is It Legal? And instead of questioning families, like mine, they should go after BAD parents.

Thanks!

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5 ANSWERS


  1. I don't see how they would have the right to talk to her  and take photos of  her stomach.. especially a man doing this.. I am just another mom but if I were you I would be first contacting the school and asking them who they allowed to talk and take photos of  your daughter.. then I would call an attorney and find out if you can file againist them right away,,, let your attorney know that an accident occurred with the babysitter not you........ jump on this before they are at your front door to take  your children.. they should have talked to you first.. I am totally on your side...


  2. Yes it is legal and after talking ot the child when they come and talk to you they will inform you of the interview they had with your child but usually wil not disclose any details. Hope this helped!

  3. yes unforunatley it is legal that is y so many INNOCENT parents get their kids taken away people jump 2 conclutions it is not right....i know some of it is neccesary to protect the innocent but they r taking away parents rights!

  4. They can do just about anything they want to do. I would contact a lawyer and find out what your rights are. Immediately! Good luck!

  5. I agree with Janet. CPS is given rather wide discretion when investigating a case.

    At this point, CPS doesn't know whether or not you are a good/bad parent. If anyone had concerns and reported you to CPS, then it is their OBLIGATION to investigate and determine whether the claims are true.

    If however you feel someone acted maliciously in reporting this as abuse, then you need to consult a lawyer for your options.

    I'm a nurse, and if we have a child brought to us as a patient with a suspicious injury, we are legally obligated to contact CPS. CPS then initiates an investigation, to include speaking with the child and taking pictures, and reviewing the medical records.

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