Among the most challenging and disheartening cases handled by the attorneys at the Law Office of Bryan Fagan, PLLC, are those involving Child Protective Services (CPS) investigations. For parents, the prospect of CPS involvement can evoke feelings of anxiety and apprehension. This is because it entails outsiders influencing and potentially disrupting their child’s life. The fundamental rights and responsibilities that parents often take for granted are suddenly at risk when CPS intervenes. It jeopardizes both the present and future dynamics of parental authority.
Why does CPS come into some families’ lives? What could you have done that caused CPS involvement? These questions and more will be the topics of today’s blog post. We seek answers and provide context for this vital area of family law in Texas.
What causes CPS to become involved in your and your child’s lives?
CPS is a part of the Texas Department of Family and Protective Services and seeks to protect our state’s children. Specifically, the agency provides a toll-free hotline to call if someone has information about a child’s potential abuse or neglect. An anonymous tipster can reach into the hotline and speak to a call center representative. They will then notify CPS caseworkers in the state area where the alleged abuse or neglect has occurred.
CPS must investigate every allegation of child abuse or neglect made to them to verify its accuracy. Whether or not a full-fledged investigation will occur is an entirely different story. Still, if there is any indication that abuse or neglect did happen, you will likely be receiving a visit from a CPS caseworker.
How CPS will make contact with you and possibly your child
During the investigation into abuse or neglect, CPS will probably visit your home and directly engage with you regarding the purpose of their visit and the allegations. Expect CPS not to disclose the specifics of the investigation, but the worker will likely wish to observe your child to assess any visible signs of concern.
It is your decision whether or not you will participate in their investigation. You do not have to open up your door to speak to a CPS caseworker. You do not have to allow the caseworker access to your child when your child is at your house. If, however, your child is at school, and you are not there, a caseworker does not have to seek your permission to interview your child at their school. Nor does their school have to inform you that an interview took place on school grounds.
How to avoid having your child go into the temporary care of CPS
One of the most common questions I receive about CPS investigations is how to prevent your child from being placed in CPS care following an allegation of abuse or neglect. This is the genuinely intimidating part of a CPS case- the concern that parents like you have regarding the potential to lose control of their children due to an anonymous tip made to CPS.
If CPS were to take possession of your child and exert temporary conservatorship rights and duties over them, it would be based on either a court order that has granted CPS this right or emergency circumstances that justified CPS intervening. To avoid this situation, you should cooperate as fully as possible with the investigation. The fact is that CPS will need to determine that the risk of harm to your child is low if they were to remain living with you. If doubts persist or concerns remain unaddressed by you directly, CPS may be justified in removing your child.
CPS will conduct a series of interviews to substantiate or rule out allegations of abuse or neglect of your child. You, your spouse, family members, and anyone residing in your household will likely undergo interviews. CPS may request access to medical records, requiring you to sign a release for this information. If the allegations are found to lack substance, the case may be promptly closed. Alternatively, even after completing an investigation, CPS may require periodic check-ins with a caseworker. As mentioned earlier, in extreme cases, CPS may remove your child from your home.
The legal process of CPS removing your child from your home
If CPS decides to remove your child from your home due to safety concerns, it will likely occur before the investigation concludes. A Suit Affecting the Parent-Child Relationship (SAPCR) will be filed in the county where you and your child reside, allowing for the issuance of an emergency order to remove the child from your home. The order would come out of a hearing that CPS’s attorney would have with a juvenile court judge. The attorney would present whatever evidence it has to the judge to justify the removal and continued custody with CPS. All of this must occur within one working day of your child being removed from your home.
An adversarial hearing allows you to fight back after your child is removed from your home.
The law mandates a hearing within fourteen days of your child being removed from your home and placed into temporary CPS care. At this hearing, the state bears the burden of demonstrating why they should continue to act as temporary managing conservator of your child. You and CPS would present evidence to the judge why your child should remain in CPS custody or go home to you.
Avoid a hearing by working with CPS.
Keep in mind that the reality of a CPS case is that things do not have to get to the point where CPS asks a judge to remain on as a conservator of your child for the foreseeable future. By enlisting the services of an experienced family law attorney with a background in assisting individuals affected by CPS investigations, you can work towards preventing separation from your child. Your attorney can offer guidance and preparation for interviews and interactions with CPS. If you’re unfamiliar with such situations, your attorney can advise you on how to conduct yourself effectively. An experienced attorney will show you how to address a CPS caseworker and answer their questions.
Your attorney can also help you to minimize future risks to your child. Your attorney can assist in identifying and addressing any conditions in your home, individuals in your life, or other issues that may pose future risks, helping you mitigate and avoid them effectively.
Keep in mind that while a CPS case may seem daunting, it does not have to be that way. Enlisting the support, advice, and care of an experienced family law attorney can help you and your family avoid unnecessary difficulties that sometimes come with CPS cases.
In conclusion, the ramifications of CPS involvement are profound, impacting not only the immediate circumstances but also shaping the future dynamics of parental rights and responsibilities. For families navigating these challenges, the support and guidance of experienced legal professionals like those at the Law Office of Bryan Fagan, PLLC, are invaluable. With compassionate advocacy and strategic counsel, they help parents navigate the complexities of CPS investigations, working tirelessly to protect the best interests of both parents and children alike amidst these challenging circumstances.
Questions about CPS cases and family law in Texas? Contact the Law Office of Bryan Fagan
The attorney with the law office ofBryan Fagan, PLLC, would like to thank you for taking the time to read today’s blog post. If you have any additional questions about CPS cases or other issues affecting your life in the area of family law, please do not hesitate to contact us today. We offer free consultations with a licensed family law attorney six days a week.
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- Take control of your child’s CPS case by following these tips
- How to stand up for yourself during a Texas CPS case
- How to prevent a second CPS investigation after your first concludes
- Family Law Cases in Texas: The final stages of a CPS case
- When can CPS remove your child from your home in Texas, and what can you do about it?
- What to do if you no longer like your CPS service plan?
- In what circumstances could your child end up living with your relative during a CPS case?
- What can a CPS investigation into your family mean now and in the future?
- What to do if CPS investigates your spouse in Texas for abuse or neglect of your child?
- Can CPS photograph your house and request your child’s medical records in Texas?
- What does a Texas CPS investigation look like?
- Can Child Protective Services take action against you for abusing drugs or alcohol?
- Knowing your rights in a Child Protective Services (CPS) case
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
