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Child Protective Services Investigation- What to expect and how to handle the situation, Part 2

Picture this: You're in the middle of your daily chores, maybe you're brewing your favorite cup of joe, or perhaps you're helping your kid master the art of tieing shoelaces. Then, the phone rings. The voice on the other side is a Child Protective Services (CPS) representative. Your heart drops. A flurry of questions zoom through your mind like a high-speed bullet train. What happens now? Are they going to take away my child? But I'm a good parent, why is this happening?

Hey, take a deep breath! It's time to switch off panic mode. We're here to be your guiding star, illuminating the murky waters of a CPS investigation. From understanding your legal rights to managing the emotional impact on your family, we'll cover it all. Essentially, we're about to embark on a journey to understand what happens in a CPS investigation.

"Why should I keep reading?" you may ask. Here's the short answer: Knowledge is power, my friend! Unraveling the twists and turns of a CPS investigation will equip you with the tools to navigate this challenging experience confidently. So, buckle up and let's set off on this enlightening ride!

This blog post is the second in a series of posts that detail CPS investigations: what they are, how CPS conducts them and how you can present yourself most favorably during one.

Obviously there is no one size fits all prescription on how to handle yourself and your family when is investigating but the attorneys with the Law Office of Bryan Fagan, PLLC believe the information contained in these posts will be helpful to most any family facing an investigation.

Let's begin this post by discussing what happens when CPS speaks to your child during the course of an investigation.

What happens with CPS interviews your child?

Unless your child is too young to communicate or unable to express himself or herself, CPS will conduct an interview. If a report to CPS details an allegation of abuse or neglect against your child, expect to have your child interviewed.

Interviews can take place at your home, a CPS office, or your child's daycare or school. The main subject areas that are focused on during a child-interview are:

  1. What happened during the alleged abuse or neglect incident (or incidents)?
  2. whether the child feels safe in their home right now
  3. whether the child believes that future abuse or neglect will occur
  4. whether any abuse or neglect occurred in the first place

In order for the interview to take place in your home the CPS investigator must first get your permission.

Without your permission the interview will need to be conducted at another location. Regardless of where the interview takes place, the CPS investigator will want to speak to your child in a private place where your child feels comfortable to talk to him or her.

This means that even you, their parent, will most likely not be allowed to even listen to the interview.

On the other hand, if CPS wants to interview your child at school they must first get your permission to do so if you are at the school during the time of the interview. If you are not at the school, they can interview your child without your permission.

The big thing to note here is that if you've already denied the permission to interview your child at your home then CPS cannot side-step this denial by heading to the elementary school for the interview to be conducted.

Coaching your child prior to a CPS interview

Outside of advising your child to tell CPS the truth, it is never appropriate to "coach" your child before a CPS interview. Never ask your child to lie to CPS, phrase something a certain way, or emphasize/de-emphasize certain points.

CPS investigators are trained to look for telltale signs of coaching. What's more- children are not good at masking the truth. Your effort to protect yourself will shine through your child's answers, which will be a mark against you in the eyes of the investigation team.

The actual examination of your child

It is not only oral interviews that can be conducted on your child. CPS can also have medical, physical or even sexual abuse examinations done if the investigator believes that it is justified.

Just as it pertains to in school interviews, if you are available in person at the time of the examination then CPS needs to get your permission to conduct the examination.

If a Court has ordered an examination be undertaken, then CPS does not need to get your permission, however. CPS also does not have to get your permission to examine or interview your child if the child has been removed from your home.

To avoid any problems with obtaining your permission to conduct an examination, CPS will likely ask the Court for an Order.

As a warning, if a Court orders you to do something, you must comply. It does not matter if you agree with the Order or not. Failing to abide by the terms of a Court's order can result in your child being permanently removed from your home or even fully terminating your rights as a parent.

Elements of a Physical Exam

A visual review of your child's body is what a physical exam entails. The CPS worker can examine the child who is the alleged victim of abuse or neglect and any other child who lives in your home.

The CPS investigator is looking for cuts or bruises that may be evidence of abuse. For female children, a female investigator will conduct the examination. Likewise for male children, a male investigator will conduct the investigation. In the case of neglect, poor hygiene, diaper rash (severe) or signs of malnutrition are being will be looked for.

Elements of a Sexual Abuse Exam

If it is reported that your child has been the victim of sexual abuse then an examination will likely occur at a place called a Child Advocacy Center. Special interviewers trained in advanced methods of finding information from children who are victims of sexual abuse may conduct the interview rather than the CPS investigator.

The above caveats apply to sexual abuse examinations as well. CPS must have the parent's consent, a judge's Order or temporary conservatorship of the child in order to conduct an examination.

As far as the actual physical examination of the child in the context of a sexual abuse investigation, a doctor or nurse will be needed to perform the exam. A CPS worker will not be the person administering the exam.

Part Three in a series of CPS blog posts upcoming from the Law Office of Bryan Fagan, PLLC

If you want to learn more about what happens when CPS actually inspects your home or what kind of records CPS can request of your children, keep an eye out for the next article in this series.

After reading any blog post on our website, if you have questions that need an attorney's answer, do not hesitate to contact the Law Office of Bryan Fagan, PLLC. Our attorneys are eager and willing to speak to you, answer your questions and show you how our Family Law attorneys can assist you and your family.

What Happens in a CPS Investigation?

Imagine being a parent and receiving a Child Protective Services (CPS) call. It's a situation that can provoke a whirlwind of emotions and concerns. Therefore, our focus today is to demystify the process and provide an overview of what happens in a CPS investigation.

Understanding Your Legal Rights

When it comes to a CPS investigation, it's crucial to understand your legal rights. Suppose CPS knocks on your door. You have the right to ask for identification, know the allegations made against you, and you can refuse entry unless they have a court order. Remember, you're not legally required to talk to the CPS worker, although cooperation can often work in your favor.

The Role of an Attorney in a CPS Investigation

Involving an attorney during a CPS investigation can be a game-changer. An experienced attorney can guide you through the process, ensuring that your rights are protected and your voice is heard. It's like having a seasoned navigator guiding you through uncharted waters.

Navigating the Waters of Parent Interviews

Parent interviews are an inevitable part of the process if a CPS investigation is underway. It can be daunting, but remember, honesty is your best policy. Express your concerns, answer questions truthfully, and demonstrate your commitment to your child's well-being.

The Impact on the Family: An Unspoken Truth

A CPS investigation can take a significant emotional toll on the family. The process can be stressful and confusing for children. As parents, it's essential to reassure them, help them understand the situation, and providing emotional support throughout the process is essential.

The Road Ahead: Follow-Up Actions After Investigation

After the CPS investigation concludes, various outcomes may unfold. If allegations are substantiated, the agency may provide supportive services or, in severe cases, initiate legal actions. Understanding these potential outcomes can help prepare you for the journey ahead.



Allegations Unfounded

If allegations are determined to be unfounded, the investigation will be closed, and no further action will be taken.

Substantiated Allegations

If allegations are substantiated, the CPS agency may provide supportive services, initiate legal actions, or both.

Placement in Foster Care

In severe cases, if the child's safety is at risk, the child may be placed in foster care or with another relative.

Termination of Parental Rights

In extreme cases, if the court deems that a parent is unfit, parental rights may be terminated, and the child will be placed for adoption.

Proactive Steps: Prevention Measures

Prevention is always better than cure. To prevent a CPS investigation, ensure your home environment is safe and nurturing. Address your child's needs promptly, be vigilant about their physical and emotional well-being, and maintain open lines of communication with them.

The Veil of Confidentiality During Investigation

Confidentiality is a cornerstone of CPS investigations. The agency is obligated to protect your family's privacy, and any information gathered during the investigation is strictly confidential. You can rest assured that your family's privacy will be respected.

Building Bridges: Working with CPS

Maintaining a positive relationship with CPS can be beneficial. Cooperating with CPS, demonstrating your commitment to your child's well-being, and being responsive to their recommendations can go a long way. Remember, the agency's primary goal is to ensure child safety.

Keeping a Record: Documentation and Records

Keeping a detailed record of your interactions with CPS can be immensely helpful. Document meetings, phone calls, and other communication. This record can be invaluable if you need to recall specific details or dates.

Recognizing Cultural Considerations

Cultural and linguistic barriers can potentially impact a CPS investigation. It's essential to communicate any cultural or linguistic needs to CPS to ensure a fair and accurate investigation. The agency strives to respect cultural diversity and provide language assistance when necessary.

In conclusion, understanding what happens in a CPS investigation can help alleviate some of the fear and uncertainty associated with the process. The journey may be challenging, but with knowledge and preparation, you can navigate it more confidently.

CPS Investigations: Navigating the Choppy Waters

And there you have it, folks! We've covered everything you need to know about CPS investigations. From understanding your legal rights and the impact on your family to the role of an attorney and maintaining a positive relationship with CPS, we've got you covered.

But before we go, let's end on a high note. Think of it this way: A CPS investigation is like an unexpected guest that overstays their welcome. No one wants them there, but they've arrived, and it's up to you to manage the situation. With the knowledge and tips we've shared, you're now well-equipped to manage this unwanted guest, no matter how long they decide to stick around.

So, take a deep breath, don't panic, and rely on your newfound knowledge to navigate the choppy waters of a CPS investigation. And if you ever need a guiding hand, don't hesitate to reach out to us at the Law Office of Bryan Fagan, PLLC. We're always here to help.

Short answer: A CPS investigation can be a daunting experience for any parent. But with our guide, you'll gain the knowledge and tools to navigate this challenging situation confidently.

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Other Articles you may be interested in:

  1. Child Protective Services Investigation- What to expect and how to handle the situation
  2. What can be done if CPS has taken possession of your child in Texas?
  3. Child Protective Services Investigation- What to expect and how to handle the situation, Part 3
  4. Child Protective Services: Investigation Essentials for Texas Families
  5. CPS and how The Law Office of Bryan Fagan can help
  6. Child Custody Basics in Texas
  7. Texas Child Visitation Modification
  8. 10 Quick Tips About Parental Visitation
  9. Supervised Visitation in a Texas Divorce: Can it happen to me?
  10. Protective Orders in Texas Family Law Cases
  11. An Overview of the Texas Foster Care System

FAQs: Understanding CPS in Texas

What to expect in a CPS interview?

In a CPS interview, expect to answer questions about your child's wellbeing and your family situation. The investigator will want to understand if the child is safe and well cared for. It's important to be open, honest, and cooperative during the interview.

How long does CPS have to investigate in Texas?

In Texas, CPS typically has 60 days to complete an investigation after receiving a report. However, the time can vary depending on the specific circumstances of the case.

Are CPS cases public record in Texas?

No, CPS cases are not public record in Texas. These cases involve sensitive information about children and families, so they are kept confidential to protect the privacy of all involved.

What does Texas CPS look for in a home?

Texas CPS will look for signs of a safe, clean, and nurturing environment during a home visit. This includes adequate food, appropriate sleeping arrangements, cleanliness, functioning utilities, and absence of hazards or dangerous substances.

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