Published: October 26, 2009 06:38 pm      

County discusses attorney for CPS

State District Judge Bascom W. Bentley III and Anderson County Court at Law Judge Jeff Doran told the Anderson County Commissioners Court how important it was to have a local lawyer prosecute cases for Child Protective Services.

The District Attorney’s office will not be able to handle cases for CPS for a while due to a conflict of interest with Anderson County District Attorney Doug Lowe as he and his wife are caring for a child placed in their custody by CPS.

Until that case is resolved, Lowe said the DA’s office will not be able to handle CPS cases.

In the meantime there is a void which needs to be filled according to the two judges.

“At this point we (judges) don’t have a firm recommendation for you,” Doran told the commissioners court.

Doran said the local courts are set to meet with CPS general counsel and work to find a solution that’s “efficient and economical without costing the taxpayer a large amount of money.

“The only authority we have is to appoint an attorney,” Doran said, noting it was not a desirable option, but if the courts have to do they will to get the cases resolved.

Bentley also voiced concerns over the situation and noted, “we won’t let (county’s) problem become their (children’s) problem.”

While there are regional attorneys for CPS, Bentley said there are times when the children need a local attorney.

“The problem is who is going to represent that child at 5 p.m. at the emergency room because the mother is there because she ingested cocaine and left behind a blind... baby,” Bentley asked rhetorically.

Lowe said he has contacted the Texas Attorney General’s office about the situation and he, along with the commissioners court, CPS and judges are working on a solution.

No action was taken on the issue.

Bentley also addressed the commissioners court as chairman of the county’s trash committee over the trash problems in the county and along with Trevor Theilen told the court they have the authority to regulate commercial trash haulers in the county.

Bentley noted a lack of a county or city-owned landfill along with the local tradition of just throwing garbage out the window as part of the problem. But, part of his first step in solving the issue would be to require commercial trash haulers to be licensed with the county which would allow the county to enforce certain standards, such as keeping trash covered while it is in transportation along with providing the county a list of drivers and a route map.

In other business the court:

• APPROVED budget amendments.

• APPROVED bills.

• LOWERED the speed limit on CR 2133 to 35 miles per hour.

• APPROVED accounts management policy for county workers.

• HEARD from Tyler Technologies regarding billing issues and appointed Anderson County Tax Assessor/Collector Teri Garvey and Anderson County Auditor Stan Chambers of negotiate with them.

• ACCEPTED a $10,824 grant from Homeland Security Department.

• APPROVED Flulaval vaccine purchase by Anderson County Sheriff’s Dept.

• HEARD update from Palestine Economic Development Corp. Interim Director Bill Lacey concerning Capgemini project.

• APPROVED contract with Arcadia Publishing to publish local history book for Anderson County Historical Commission.

• HEARD from Precinct 2 Justice of the Peace regarding computer problems.

• CREATED Local Data Advisory Board with serving members to be according to HB 2730 the Anderson County Sheriff or his designee, District Attorney or his designee, county clerk or a designee, Palestine Police Chief or designee, district clerk or a designee, county IT director, a member from Tyler Technologies and GSA.

• CONVERTED PR 8420 to CR 4044.