What Are My Rights with CPS in Texas?

If you’re a parent in Texas and Child Protective Services (CPS) is investigating your family, it’s crucial to understand your rights and how to protect them.

At Dodson Law Firm, PLLC, our experienced family law attorneys are here to guide you through this challenging process and help ensure that your family’s rights and well-being are protected.

CPS Investigations in Texas

CPS investigations are initiated when the agency receives a report of suspected child abuse or neglect. In Texas, the Department of Family and Protective Services (DFPS) is responsible for conducting these investigations.

Once a report is received, CPS has 30 days to complete their investigation, although this timeline may be extended in some cases (Texas Family Code §261.301).

The investigation process typically involves:

1. Interviews with the child, parents, and other relevant parties
2. Home visits to assess the child’s living conditions
3. Gathering information from schools, doctors, and other professionals involved with the family
4. Reviewing any relevant medical records or police reports

At the conclusion of the investigation, CPS will determine whether the allegations of abuse or neglect are substantiated, unsubstantiated, or unable to be determined. If the allegations are substantiated, CPS may take further action, such as offering services to the family or, in severe cases, removing the child from the home.

Your Rights During a CPS Investigation in Texas

As a parent, it’s essential to know your rights during a CPS investigation. Understanding these rights can help you navigate the process and protect your family’s interests.

The Right to Know the Allegations

When CPS begins an investigation, they must inform you of the specific allegations against you. This allows you to understand the nature of the investigation and prepare a defense if necessary. However, there are exceptions to this requirement if the caseworker believes that informing you would put the child in immediate danger.

The Right to Remain Silent

You have the right to refuse to answer questions from CPS investigators. While it’s important to cooperate with the investigation, you should consult with a family law attorney before speaking with CPS. Anything you say can be used against you in court, so it’s crucial to have legal guidance to protect your interests.

The Right to Refuse Entry into Your Home

CPS cannot enter your home without your permission or a court order, unless they believe the child is in immediate danger (Texas Family Code §261.303). If a caseworker asks to enter your home, you have the right to refuse. However, if CPS obtains a court order, you must allow them to enter.

The Right to a Court-Appointed Attorney

If CPS files a lawsuit against you seeking to remove your child from your home or terminate your parental rights, you have the right to a court-appointed attorney if you cannot afford one. This ensures that your legal rights are protected throughout the court process.

What CPS Can and Cannot Do in Texas

It’s important to understand the limits of CPS’s authority in Texas. While CPS has the power to investigate reports of abuse or neglect and take action to protect children, there are certain things they cannot do without a court order:

• CPS can investigate reports of abuse or neglect, which may involve visiting your home, interviewing you and your child, and gathering information from other sources
• CPS can request a medical, psychological, or psychiatric examination of your child if they have reason to believe it is necessary to determine if abuse or neglect has occurred
  CPS cannot force you to take a drug test without a court
• order
• CPS cannot remove your child from your home without a court order unless they believe the child is in immediate danger

Protecting Your Rights During a CPS Investigation

If you’re involved in a CPS investigation, there are several steps you can take to protect your rights and your child’s well-being:

1. Document all interactions with CPS, including phone calls, emails, and in-person meetings. Keep a journal of these interactions and save any relevant correspondence.
2. Consult with an experienced family law attorney who handles CPS cases. Your attorney can advise you of your rights, communicate with CPS on your behalf, and represent you in court if necessary.
3. Attend all court hearings and meetings with CPS. This shows that you’re taking the matter seriously and are committed to working toward a resolution.
4. Comply with any court orders. If CPS requires you to complete certain tasks, such as attending parenting classes or undergoing a substance abuse evaluation, it’s essential to follow through with these requirements.
5. Maintain a safe and stable home environment for your child. This includes ensuring that your child has appropriate food, clothing, shelter, and medical care.

How Dodson Law Firm, PLLC Can Help with Your CPS Case

At Dodson Law Firm, PLLC, our family law attorneys have extensive experience handling CPS cases in Texas. We understand how overwhelming and stressful a CPS investigation can be, and we’re here to provide the guidance and support you need during this challenging time.

Our attorneys can:

• Explain your rights and help you understand the CPS investigation process
• Communicate with CPS caseworkers and investigators on your behalf
• Represent you in court hearings and negotiations with CPS
• Help you develop a defense strategy and gather evidence to support your case
• Advocate for the best interests of you and your child throughout the process

We believe that every family deserves legal representation, especially when dealing with an emotionally charged situation like a CPS investigation.

If you’re facing a CPS investigation in Texas, don’t wait to seek legal help. Contact Dodson Law Firm, PLLC today to schedule a consultation with one of our experienced family law attorneys.