As a parent, you have the responsibility to raise your child and provide the necessities of life for them. Part of this responsibility is to see that they are protected from harm.
This can be physical abuse or neglect, emotional trauma, or even sexual abuse. When it comes to issues like these, if you cannot do so, Child Protective Services (CPS) is empowered by the law to intercede and investigate your child, you, and your family.
I have spoken to many parents who have had to get through a CPS case involving their family, and one concern that each parent has had is how CPS can wield as much power and authority as they do.
The State of Texas vests in parents the ability to make the majority of decisions in a child's life. These rights extend into areas like your child's education, medical treatment, and psychiatric treatment. After ensuring that your child has been provided for as best as possible, you are now being told that CPS can take away that authority over a single phone call alleging abuse or neglect of your child. How is this even possible?
The State of Texas has responsibilities to your child as well.
Just as you do, the State of Texas has responsibilities regarding your child as well. First and foremost, your child's right not to be abused or neglected by any person. The State must take steps to prevent this from occurring again if it becomes aware that prior incidents of abuse or neglect are being alleged. This is where anonymous reports come into CPS detailing those incidents to allow CPS to investigate their validity.
The State has the power to conduct interviews with people involved in your child's life but cannot remove your child from your home without a court order. This means that a CPS attorney must go before a family court judge to seek an order that allows CPS to remove your child from your home. If there are risks of imminent harm to your child, CPS can bypass this requirement and remove your child from your home without the permission of a judge.
If your child is removed from your home without the permission of a court order, CPS will need to set a hearing with a judge to present evidence as to why the removal was merited. The judge will need to decide if sufficient evidence was presented to justify the removal. Was your home so unsafe to explain your child being taken without a court order?
The role of a judge if your child is removed from your care
Regardless of the judge gave CPS permission before or after your child was removed from your home, the effect of removal is that the judge will now play a significant role in your case.
Whether or not your child is returned to your care will be dependent upon the judge. You will become familiar with the judge as your case will have many hearings throughout your case history. A CPS case can last up to one year from beginning to end.
It is necessary to point out that you should be in attendance for each hearing, no matter the day or time the hearing is set for. You will not be able to re-schedule a hearing because of a work commitment or issue with transportation.
You will need to act in advance and plan for problems ahead of time. Ensure that you will be present for each hearing. A CPS case involves CPS employees and the judge deciding if you are committed to bettering yourself and your home to have your child returned to you.
What is contempt of court?
If there is a court hearing in which the judge issues orders that involve you, it is necessary that you do what has been ordered to do. These are not suggestions or options for you to choose from as far as your habits are concerned.
Instead, you are being ordered to do something. If you fail to abide by a judge's orders, you are in contempt of court. This means that you can be fined or sent to jail for doing so.
The cast of characters in your CPS drama
Many other people will be involved in your case beyond just you, your child, and your CPS caseworker. It is not wise to think that you need only concern yourself with your child and you. All of the different persons in your case have a role to play, and all can impact whether or not your child is eventually returned to your home. Learning about each person and their function can serve you well as you attempt to navigate a likely unfamiliar process.
A CPS investigator will likely be the first person you contact within your case. CPS will send this person to your home to speak to you after a report of abuse or neglect has been made. The investigator will interview you, your family members, and your child to learn whether or not the allegations of abuse or neglect have any validity.
This investigator will attend court proceedings as well. The investigation results will be testified about in the hearing, and CPS' attorney will question them about your involvement in the case.
Family-Based Social Services
In many instances, your child will not be removed from your home, and you, instead, will have an opportunity to work with a Family-Based Social Services employee. This person will work with you and your family to help make your home a safer environment for your child. This is usually a step taken when there is no immediate risk of harm to your child, and your child is either living in your home or residing with a relative of yours.
Temporary Conservatorship employee
On the other hand, if your child is removed from your care, then your case may be assigned to a Conservatorship caseworker. This person will be working with you as long as your case is involved in courtroom proceedings.
This person will be the liaison for the court to CPS as they will have temporary conservatorship rights over your child. The rights and duties you had in your child will now be shared with CPS as long as they are in quick possession of your child.
CPS Supervisor
The person responsible for approving all actions in your CPS case is a CPS case supervisor. This person is the main point of contact for yourself as you become more and more involved. They can answer questions about how the case is proceeding, how the caseworkers are handling your claim, and provide additional information on any subject related to your child's topic.
It is essential to remember that the CPS employees are not working for you or against you. They are merely seeking to do what is best for their child. Their methods may seem impractical or unfair to you, but the law gives them a great deal of authority when it comes to helping your child remain safe. It is unwise to act disrespectfully towards a CPS employee.
Tomorrow's blog post will discuss the other persons involved in your CPS. Stay tuned to learn more.
Questions regarding a CPS investigation? Contact the Law Office of Bryan Fagan, PLLC
If you are interested in learning more about a CPS investigation that involves you and your family, do not hesitate to contact the Law Office of Bryan Fagan, PLLC. One of our licensed family law attorneys can meet with you in a free-of-charge consultation to discuss any questions or concerns. Our office represents clients across southeast Texas and would be honored to do the same for you and yours.
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Other Articles you may be interested in:
- Help your child and yourself in a Child Protective Services case by remaining actively involved
- Maintaining a positive outlook during a CPS investigation in Texas
- Help your child and yourself in a Child Protective Services case by remaining actively involved
- Family Law Cases in Texas: Examining the steps in a Child Protective Services case
- Managing a Family Law case in Texas
- Texas Family Courts: Child Protective Services, Part Two
- How to present yourself and testify well in court during your divorce case, Part Two
- What to know about Child Protective Services
- Child Protective Services Investigation- What to expect and how to handle the situation
- Child Protective Services Investigation- What to expect and how to handle the situation, Part 2
- Child Protective Services Investigation- What to expect and how to handle the situation, Part 3
Law Office of Bryan Fagan, PLLC | Houston, Texas CPS Defense Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding CPS, it's essential to speak with one of our Houston, TX CPS defense lawyers right away to protect your rights.
Our cps defense lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles cps cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.
