What CPS Can and Cannot Do in Texas

As family law attorneys, we field a lot of questions about Child Protective Services (CPS) in Texas. CPS is a division of the Texas Department of Family and Protective Services (DFPS), two agencies that safeguard the welfare of children in our state.

While the Department protects minors from abuse, neglect, and exploitation, parents also have rights, and there are things that CPS can and cannot do when investigating a case, according to Texas law.

In this blog post, we’ll clarify the role of CPS and explain what they can and cannot do when investigating reports of child abuse or neglect.

How CPS Works with Law Enforcement and Courts to Protect Texas Children

Texas law mandates CPS to investigate child welfare reports and take necessary actions to ensure a minor’s safety and well-being.

This examination includes working closely with law enforcement and the court system to intervene when children are at risk of harm.

CPS trains its caseworkers to assess the safety of a child’s environment, provide support services to families, and make recommendations to the court regarding the best interests of the child.

What Happens When CPS Comes Knocking

As mentioned earlier, the CPS investigates after receiving a report of suspected child abuse or neglect.

During a CPS investigation, caseworkers have the authority to take specific actions to gather information and assess the situation.

These actions may include:

• Interviewing the child, parents, and other relevant parties, such as family members, neighbors, or school personnel.
• Requesting medical exams or psychological evaluations to determine if the child has been abused or neglected.
• Obtaining records from schools, medical providers, or law enforcement agencies to gather evidence.
• Visiting the child’s home to assess their living conditions and ensure their safety.

Must not violate your constitutional rights

It’s important to note that while CPS has the authority to investigate, caseworkers must not invade your rights and protections afforded to you under federal law.

• FOR EXAMPLE – CPS must obtain a court order or the parent’s consent to enter a home unless they believe the child is in immediate danger.

Additionally, CPS can ask questions related to the investigation, but parents have the right to remain silent or consult with an attorney before answering (more below).

Understanding State Limits on CPS Authority

There are also limits to what CPS can do under Texas law.

Removal of a Child (Tex. Fam. Code § 262.104)

CPS cannot remove a child from the home without a court order unless there is an immediate threat to the child’s safety. If caseworkers believe fast removal is necessary, they show evidence that the child is in imminent danger.

Forcing Compliance (Tex. Fam. Code § 261.303)

CPS cannot force parents to comply with their requests or demands without legal grounds. Parents have the right to contest CPS actions and have their cases heard in court.

Visitation Rights (Tex. Fam. Code § 262.115)

CPS cannot deny or restrict parental visitation rights unless ordered by the court. Parents maintain their visitation rights unless there is a compelling reason to limit them, such as threatening the child’s safety.

Discrimination (Tex. Fam. Code § 261.301)

The law prohibits CPS from discriminating against families based on race, religion, or socioeconomic status. They must treat all families fairly and objectively, basing their actions solely on the evidence of abuse or neglect.

If you believe that CPS has overstepped its authority or violated your rights, consult an experienced family law attorney experienced in CPS cases.

These advocates protect parental rights, ensure Texas CPS follows proper procedures, and fight for the child’s best interests.

Asserting Parental Rights During CPS Investigations

Parents involved in a CPS investigation have certain constitutional rights that caseworkers must respect throughout the investigation or child removal process.

1. Right to be informed of the allegations and the purpose of the investigation.
2. Right to have an attorney present during questioning or court proceedings.
3. Right to refuse entry into the home without a valid court order or warrant.
4. Right to challenge CPS findings and decisions in court and present evidence in their defense.

You must assert your privileges and seek legal counsel when you feel that CPS is acting inappropriately or infringing upon your parental rights.

Experienced Houston family lawyer attorneys can ensure the agency respects your family’s rights throughout the investigation and any subsequent legal proceedings.

Tips for Texas Parents Under a CPS Investigation

Dealing with a CPS investigation is stressful and overwhelming for most parents.

To help you get through this process effectively, consider the following tips:

1. Cooperate with investigators while asserting your rights.

While it’s important to cooperate with CPS to demonstrate your commitment to your child’s welfare, asserting the above mentioned rights and consulting with an attorney if you have concerns about the investigation is equally important.

2. Document all interactions and keep detailed records.

Keep a written record of all interactions with CPS, including dates, times, and the content of conversations. This documentation can be valuable evidence in court if needed.

3. Seek legal counsel from a family law attorney handling CPS cases.

A Texas family law firm that litigates CPS cases can offer invaluable guidance and help you approach the system effectively.

4. Comply with court orders and service plans.

If the court orders certain actions or requires you to participate in services, such as parenting classes or counseling, you must comply to demonstrate your commitment to your child’s well-being.

5. Maintain open communication with your caseworker and attorney.

Regular communication with your CPS caseworker and family lawyer can help you stay informed about the progress of your case and address any concerns or questions you may have.

You can ensure the best possible outcome for your family by following these simple steps and working jointly with CPS during its investigation.

When CPS May Remove a Child in Texas

In certain situations, CPS may determine that removing a child from the home is necessary to ensure their safety.

Under Texas law, CPS may remove a child when:

• There is an immediate danger to the child’s health or safety.
• Evidence of severe abuse or neglect is present.
• Parents fail to comply with court-ordered services or participate in required actions.
• The parents abandon the child or are unable or unwilling to provide basic necessities.

Parents must understand the legal process after CPS removes a child and the steps they can take to work toward reunification.

Legal Process Following CPS Child Removal

After Texas CPS removes a child from a home, a series of legal proceedings take place to determine the best course of action for the child’s welfare.

Emergency Hearing

Within 14 days of the child’s removal, the courts schedule an emergency hearing to determine temporary custody arrangements and assess the need for continued removal.

Adversary Hearing

Within 14 days of the emergency hearing, an adversary hearing takes place where parents can contest the removal and present evidence in their defense.

Status and Permanency Hearings

Following the adversary hearing, status and permanency hearings are held periodically to monitor the case’s progress, assess the parents’ compliance with court orders, and determine long-term plans for the child.

Right to defend the charges

Throughout these proceedings, parents have the right to have a family law attorney represent them and the opportunity to present evidence in defense of accusations.

Possible outcomes

The above hearings may lead to reunification with the parents if the court deems it safe and in the child’s best interests, placement with relatives or foster care, or termination of parental rights in severe cases.

A seasoned attorney advocating for your rights and guiding you through the legal process usually achieves the best possible outcome for your family.

Your Parental Rights Matter

When dealing with Texas CPS, know your parental and constitutional rights and the limits of CPS authority.

Dodson Law Firm, PLLC is a Houston family law practice focusing on CPS cases.

Our knowledgeable Texas lawyers ensure CPS follows proper procedures and advocates for your family’s best interests.

Schedule a consultation today to discuss your case, learn about your options, and take the first step towards protecting your family.

Frequently Asked Questions

What should I do if CPS shows up at my door?

If CPS arrives at your home, remain calm and respectful. You have the right to ask for identification and the reason for their visit.

Unless caseworkers have a court order or believe your child is in immediate danger, you can refuse to let them enter your home. It’s advisable to consult with a CPS defense attorney before answering any questions or providing information to the agency.

Can CPS interview my child without my consent?

Sometimes, CPS may interview your child without your consent, principally when the agency believes your child is in immediate danger or when caseworkers conduct an interview at school.

However, you have the right to be present during most interviews with your child (unless the court has ordered otherwise). It’s best to consult with a CPS defense attorney if you have concerns about your interview rights.

What happens if CPS removes my child from my home?

You have the right to a court hearing within 14 days after CPS removes your child from your home to determine if the removal was necessary and to discuss temporary custody arrangements.

You also have the right to an adversary hearing within 14 days of the initial hearing, where you can contest the removal and present evidence in your defense.

We recommend that an experienced family law attorney represent you during these proceedings to argue for your child’s return.

How can I work towards reunification with my child after removal?

Texas family courts will typically order a service plan that outlines the steps you need to take to address the issues that led to CPS removing your child from your home.

This plan may include actions such as attending parenting classes, participating in counseling, or addressing substance abuse issues.

You can work towards reunification by complying with the service plan and demonstrating your commitment to providing your child with a safe and stable environment.

Your attorney can help you work through the process and advocate for your child’s return.

What should I do if I believe CPS has violated my rights?

If you believe that CPS has violated your rights as a parent or overstepped your authority, consult with Dodson Law Firm, PLLC which focuses on CPS cases.

Our attorneys will review the details of your case, advise you on your rights, and take appropriate legal action to protect your interests.

Legal action may include filing a complaint, requesting a hearing, or appealing a court decision.

Remember, you have the right to challenge CPS actions and decisions, and our lawyers can help you assert those rights effectively.