How familiar are you with Child Protective Services (CPS) outcomes in Texas? Chances are, not much. This isn’t because I doubt the intelligence of the average reader or their ability to stay informed. Many of us have friends or family members who have been involved in child custody or divorce cases, and they have likely shared their experiences with us. As a result, we all have some level of knowledge about these common family law cases in Texas.
Child Protective Services cases are another matter altogether. Fortunately, these types of cases are less common due to the extreme nature of many of them. While it is relatively common to have marital problems or custody disputes, it is less common for Texas to investigate a family for abuse or neglect of a child. This is something, especially amid a pandemic, that we should all be thankful for. Child Protective Services acts on behalf of the city of Texas to investigate allegations and reports of abuse or neglect of a child. These reports are anonymous to protect the identity of the Reporter and the information that they are giving.
Investigating reports of child abuse or neglect can be emotionally and logistically challenging. Consider the vastness of Texas and the extensive ground CPS caseworkers and investigators must cover. They often encounter unfavorable conditions and interact with uncooperative individuals. If you’re currently in a CPS case, you’re likely familiar with the overwhelming feeling many parents experience upon learning about the investigation. It can be utterly deflating.
Emotional impact and legal ramifications of CPS cases
Parents go through the CPS case and experience a wide range of emotions. A CPS case can evoke a range of emotions, including fear, anger, hope, happiness, frustration, and everything in between. Not only are you concerned about your child’s well-being in the future of your relationship with them, but you are likely also concerned with your ability to maintain a relationship with your children in the future. In contrast to a child custody or divorce case, a potential outcome of a CPS case includes the termination of your parental rights. This means that you would not be able to have any legal rights or duties as they pertain to your children.
What does this mean on a real-world level? For starters, it means that you have no legal relationship with your kids. Biologically you would remain the parent of your children, but in a legal sense, you would have no more rights or duties related to your children. Essentially, you would have the same legal relationship with your children that I do, that is to say, no relationship at all. For any parent, this is a frightening prospect, and that it is a realistic income; for any CPS case only adds to the concern most parents feel at the beginning of a CPS case. Many parents who do not realize that this is a potential outcome grow even more worried throughout the case when this fact comes to light.
Parental responsibilities in CPS cases
Keep in mind that the termination of your parental rights is a fairly extreme option that is not the norm as far as outcomes in CPS cases in Texas. Typically, it is only when a parent disregards recommendations from the court or specific court orders that termination of parental rights occurs. Within a CPS case, you must meet specific guidelines and fulfill duties outlined in parenting plans, safety plans, and various temporary orders. The failure to meet your obligations as contained in these orders could potentially mean the termination of your parental rights or, at the very least, a severe restriction of your ability to interact with your children and make decisions on their behalf.
Most of the time, the steps you have to complete your Service plan or safety plan would be to do things like a 10 counseling or therapy if you have a drug addiction or anger management problem and then report back to your CPS caseworker upon completion of the courses. If you are not currently seeking therapy or counseling, then CPS would be able to provide you with information on low or no-cost counseling and therapy for you to undergo. The CPS case is often a blessing in disguise because it allows you to learn about certain problems he may have and then take action to deal with them. But for the CPS case, the problems you are experiencing in your daily life may have gone untreated for years and years.
What can the outcomes be in a CPS permanency hearing?
Approximately six months after your child’s removal from your home, the court will conduct a permanency hearing to assess your progress in completing the Service plan. The judge will review your child’s well-being and preferences, including any expressed desire to be reunited with you. Conversely, if your child expresses hesitance about reuniting with you, the judge will take that into consideration regarding the possibility of family reunification.
These permanency hearings occur regularly throughout a CPS case. The law in Texas states that a judge must hold permanency review hearings at least every four months after the initial hearing. Depending on the nature of your case and the specific circumstances that you find yourselves in, these permanency hearings may occur more frequently. The judge will determine how you are progressing through your parenting and safety plans and whether it is in your child’s best interest to have them return to your home.
The CPS caseworker who is working with you on your case will submit reports to the judge to inform them of your progress, as well. You and your lawyer can obtain copies of the reports filed with the judge before the hearing, allowing you to review the content in advance. This preparation is crucial for better readiness in addressing the next steps of your case and countering any evidence you believe inaccurately argues against your child’s return home.
Navigating CPS court orders with legal representation
After every hearing with a CPS court, the judge will issue orders based on what transpired in the hearing that day. These orders hold significant importance for your case’s future, as you must adhere to the outlined plan and report progress to your CPS caseworker. As previously discussed, failure to follow the plan detailed in your court orders could lead to termination of your parental rights.
Having an attorney in a CPS case allows you to address concerns about the order, preventing potential consequences due to misunderstandings. They also assist in developing and clarifying orders post-hearing.
During your CPS case, you can consult your attorney outside the courtroom to ensure compliance with the orders and fulfillment of all their requirements. There may be some aspects of the order that, over time, become difficult for you to manage due to changing circumstances. If this is the case, you should speak to your attorney, and they can speak to the caseworker or attorney for CPS to inform them of this. This is a much better scenario than having to tell a judge for the first time about missing an appointment or a visitation session with your child at a hearing.
Meetings to plan out the long term future of your case
Throughout the CPS case, you will collaborate with CPS, their attorneys, the Guardian ad litem, the attorney ad litem, as well as your attorney to devise a plan for your child’s permanent long-term placement. These meetings, known as permanency planning meetings, occur at least once during the CPS case. You will be able to discuss the case outside the judge’s presence and receive feedback from the other parties involved. If there have been particular problems with you completing certain aspects of the parenting plan, then the other parties can also speak to you about these issues.
The nice part about these meetings is that the other parties involved, who may be much more familiar with CPS cases than you, can discuss strategies to help complete your plan of service and achieve a permanent residence for your child in your home. In CPS cases, most of the time, these meetings will occur much more than once and can occur as early as the period immediately after your first permanency review hearing.
What is a final hearing about your CPS case?
A final hearing or trial in your CPS case would take place approximately one year after the start of the case. Keep in mind that many CPS cases finish long before a trial, and one may not even be necessary in your particular case. You and your attorney will know the location, date, and time of that final hearing or trial well before the actual date. The subject matter discussed in your trial will be completing your case, setting a final order into place, determining parental rights, determining conservatorships issues, or the dismissal of your case.
In your trial, the court will primarily decide whether your child will return home permanently. Additionally, your completion of parenting and safety plans will determine if the court restricts or terminates your parental rights. Some cases involve the court imposing restrictions on visiting and spending time with your child, even if parental rights are not entirely terminated, while you complete counseling or therapy sessions.
What is monitored return in conjunction with a Texas CPS case?
In CPS cases, judges may sometimes order a monitored child to return home if they believe it’s safe, but with monitoring. This would involve a court setting forth an order that requires a return date to court approximately six months after the trial date in your case. During these six months, CPS will retain temporary custody of your child, but they will be permitted to return and live at home with you.
While this may seem intrusive, it would allow you to readjust to living with your child in the home and ensure that any safety concerns do not redevelop. You might be surprised to learn that your child may require some transition time if they have to return home to live with you after being away for nearly a year. Some of the behaviors and emotions that led to your child’s removal may rear their ugly heads upon your child being back in the home. You can look at the six months as a transition time for you and your family.
If your child cannot remain home with you long-term, CPS will likely remove them again if taken from your possession during these six months. If a court disagrees with that removal, your case will likely be dismissed or an additional period will be allowed for your child to return home with you, and another attempt at placement in your home will be set up.
Closing thoughts on CPS investigation outcomes
Certainly, managing CPS cases can prove complex, both practically and emotionally. Having worked with numerous families in similar situations, I can attest that even under the most favorable circumstances, the contentious nature of a CPS case can push parents’ emotions to the forefront. The fact that the case’s timeline is not always in your control can be another difficult to stomach aspect.
With that said, I have come to believe that the biggest advantage that you can possess in a CPS case is an attitude in willingness to do what it takes to have your child returned to your home. Submitting to the process and having legal representation significantly increase your chances of reuniting with your child in a CPS case.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultation six days a week in person, over the phone, or via video. These consultations offer you an opportunity to speak with an experienced family law attorney and learn more about the world of Texas family law and the services that can be provided to you as a client of ours. We appreciate your interest in our law practice. We hope you will join us again tomorrow as we continue to post interesting and relevant subject matter regarding family law issues in Texas.
If you find yourself in the middle of a CPS case, it is easy to find your spirits low and optimism levels even lower. A misunderstanding or misinformation provided to Child Protective Services about you or your spouse abusing or neglecting your child could result in the permanent loss of the life you had previously with your family.
Now that CPS has become involved, you are feeling stressed out to the max. The purpose of the CPS investigation is not all that clear to you and attempts to contact your caseworker usually end up in voicemails being left multiple times per day. It is not ideal for a parent like yourself with many questions and not much time to get the answers you need.
Keep your head up for your child’s sake.
While it is easy to feel sorry for yourself when CPS knocks on your door, keep in mind that your child is the one who is truly suffering here. They do not understand anything that is going on most likely and have now been exposed to people and things that were before unknown to them.
To help your child get back into your home, you must take steps to protect yourself and your own well-being during a CPS investigation.
Talk to people that you trust and remain positive.
These two suggestions may not be easy for you to practice, but I can tell you that they are essential to your remaining sane during a CPS case. If you have family, friends, people from church, or a therapist available to you, by all means, talk daily to these folks about your situation.
It can be embarrassing to talk to another person about CPS involvement in your life but letting go of your frustrations about your case be freeing. These are the people that you trust most in your life, and they have your and your child’s best interests at heart. Lean on them during the tough times of your case.
You are not in a hopeless situation. Let me repeat that: you are not in a hopeless situation. You may not be an attorney or know the legal system even in general, but you and your family can manage this CPS case.
A CPS case has a beginning point and an endpoint. What’s more- you have the power within you to affect the outcome of the case through your behavior and actions. Nobody will take the steps that you need to take for yourself, but with the power of positive thought and proactive thinking, you can help yourself a great deal.
Patience is a virtue.
I’m willing to bet that someone has told you that patience is a virtue or something similar to that at some point in your life. Take solace in knowing that your case operates on a timeline, typically lasting one year from the start of the investigation, despite the legal system’s reputation for slow and inefficient justice.
This is a double-edged sword. On the one hand, you only have to go through the case for one year- not an endless amount of time by any means. Remaining positive, actively engaging in the process, and taking proactive steps to improve your life can lead to the relatively swift return of your child to your home.
On the other hand, you only have a year to prove to a judge that you have what it takes to keep your child safe and provide a home life conducive to raising them. Depending on the allegations being made against you or your spouse, this can mean that you have a lot of work to do in a relatively short amount of time.
Fortunately, your CPS caseworker will work with you on taking the necessary steps to make those improvements, and you have the ability to hire an attorney who will advocate on your behalf and make sure that you are meeting the guidelines set forth by CPS in your safety plan.
Take inventory of your life and remain sober.
It could be an unfortunate situation where you have to face an addiction to drugs or alcohol due to CPS becoming involved in your life. Previously you would have thought that you didn’t have an addiction, per se, and that you could handle your parenting responsibilities just fine despite being altered mentally from time to time.
Fast forward to the current CPS investigation, and it should become clear to you that life using substances and a life where you can parent your child are no longer compatible. This means that you should take whatever steps are available to you to eliminate the usage of drugs and alcohol from your life. CPS most likely has resources available to you to attempt to sober up and eliminate a cause of concern regarding your ability to parent.
It is also not lost that stress can lead you to relapse and rely even more heavily on drugs or alcohol. A CPS case is extremely stressful, and it is easy to lose yourself in the comfort of an old addiction. With that said, your ability to anticipate this condition and surround yourself with people who can support and love you during tough times is important.
Evaluate the people you spend your time with and figure out if you need to make changes in that area. Remember- who you hang around with will influence your children’s attitudes, career, and personal life. To stand a chance at having your child returned home, it’s crucial to eliminate individuals who expose you to dangerous situations, especially concerning substance abuse.
Help your child by helping yourself.
In a CPS case, you must swiftly grasp the investigation process, your role, and determine if you require assistance in advocating for yourself and your child. Amidst an ongoing investigation, it’s easy to lose sight of crucial aspects of the CPS case, consumed by the daily challenges. If you do not know what is important in a case, you will have even less of a clue on how to ensure that you are taking steps to achieve your goals.
Hiring an attorney and working closely with the CPS caseworker are perhaps the most important and basic steps that you can take to help yourself and therefore help your child during a CPS investigation. These professionals will help you manage your case, attend appointments, and achieve the goals set by you and CPS for having your child returned home. These folks’ experiences will compensate for your anxiety over not knowing exactly how to best proceed in certain situations.
In conclusion, while many may not possess extensive knowledge about CPS outcomes in Texas, our understanding often derives from the experiences shared by friends and family involved in child custody or divorce cases. These cases, though common, profoundly impact families and children. Increasing awareness of CPS outcomes and the broader context of family law empowers us to navigate these complex situations and advocate for the well-being of all parties involved.
Acting with purpose in a CPS case is important- we’ll discuss how to do so in tomorrow’s blog post from the Law Office of Bryan Fagan, PLLC.
If you seek an attorney who will act with your and your family’s best interests in mind, look no further than the Law Office of Bryan Fagan, PLLC. We represent families across southeast Texas who have active cases with CPS and would be honored to do the same for you and your family. Please get in touch with us today for a free-of-charge consultation with one of our licensed family law attorneys.
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Other Articles you may be interested in:
- What are the steps of a CPS investigation?
- What are your lawyer’s responsibilities during your CPS case?
- Intervention into Texas CPS cases
- 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 is investigating 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?
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.
