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Let’s begin by exploring the CPS report process and how it functions when a report is made. CPS, or Child Protective Services, operates as a division within the Texas Department of Family and Protective Services (DFPS). This state agency is dedicated to ensuring the safety of adults and children by creating environments that are free from abuse and neglect.
When CPS initiates an investigation regarding abuse or neglect of a child they will reach out to you as the parent of the child in question. This can be done via phone or in person. What CPS wants from you is information and participation in their investigation. In many cases, the more information you can provide the easier it is for them to conduct their investigation and make a final determination as to whether or not abuse or neglect occurred. Or, it may not be in your best interests or those of your child for you to participate in their investigation. That is the difficulty of the process- deciding about how and when you should participate in a CPS investigation.
Understanding CPS removal and reunification processes
If CPS removes your child from your home, it’s essential to understand the circumstances that lead to this decision. The agency can present evidence to a judge indicating that your child is in danger of abuse or neglect. In such cases, CPS will assume temporary conservatorship of your child, enabling them to make decisions on your child’s behalf until your case is resolved.
Despite the removal, CPS generally aims to return your child and reunify your family. Throughout the case, you will have the opportunity to collaborate with CPS on the best ways to facilitate your child’s return. This can occur through Family Based Safety Services (FBSS) or safety planning during the investigation. You may be able to gain access to resources that can help you and your family like drug or alcohol counseling, anger management courses, or even co-parenting workshops that will help you parent your child with a former spouse or significant other.
What can happen if reunification is not possible?
When it comes to CPS investigating your case many outcomes could occur as a result. In some instances, CPS will look into the case and determine there is not sufficient evidence for a finding of abuse or neglect of your child. At that time the investigation will cease in your case will be closed. However, CPS may be able to gather sufficient evidence to make it a termination that abuse or neglect has occurred. When that happens the agency will take steps to protect your child.
One of the ways that CPS may determine that it can best protect your child is to remove your child temporarily from your home. In this case, the agency would work with you on reunification as we have discussed. If you fail to Participate or do anything that hinders the ability of CPS to be able to conduct their investigation then their goal may not be to reunify you and your child. Instead, a permanent removal and termination of your parent-child relationship may be recommended.
CPS procedures: preventing harm and family placement
When CPS approaches you and your family they will attempt to prevent any additional harm from befalling your child. Additionally, I do not want to give you the impression that the agency will certainly be removing your child from your home no matter what circumstances you are facing. Rather, the agency will attempt to allow your child to remain in your home if at all possible. In most cases, if you work with your CPS caseworker And cooperate to the best of your ability then termination of parental rights will never be an option in your case.
If CPS decides to remove your child it will do so while seeking to Place your child with a family member or other close relation to your child. This action aims to avoid disrupting your child’s life and allows them to continue engaging in school and other familiar activities. You will be able to play a part in this discussion by submitting a list of persons who would be suitable temporary childcare providers for your son or daughter. You will likely receive time to consider who you want to name for temporary placement while you work with CPS to have your child returned home.
Managing family dysfunction and CPS cases
In cases of household dysfunction between spouses or among children, CPS allows you to address these issues to create a safe environment for your child’s return. This specific circumstance requires taking charge, making potentially uncomfortable decisions, and possibly removing individuals who pose a threat to your child, all with the goal of reunification.
Termination of a parent’s parental rights there’s never the first option for CPS. Typically, this only becomes a proposal after your child can no longer return home. In many cases, parents in your position will willingly accept termination of their parental rights. You would need to look at your specific circumstances and decide about your willingness to participate in a CPS case as well as the remedial measures proposed for the case.
However, if there is no immediate threat of harm to your child then CPS would likely not remove your child from the home. Or, CPS may give you a limited amount of time to remove a threat of harm to your child, and then they would consider allowing your child to remain in the home. In that case, time would be of the essence and it would be important for you to be able to Follow through with the steps proposed by CPS and work with them to ensure that your child can remain in your home moving forward.
What happens after your child is removed from the home?
Ultimately, if CPS removes your child from your home, a series of events will follow to facilitate their return as soon as possible. You will likely need to attend at least one court hearing and work with CPS continuously to regain custody of your child. And that sort of circumstance it would be beneficial to have an attorney by your side to help represent you. Bear in mind that having an attorney to represent you can allow you to participate more fully in an investigation and protect your rights and those of your child.
If you have any questions about the material that you read in this blog post or regarding a specific CPS case that your family is facing, then I would recommend that you 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, and via video. These consultations offer a great opportunity for you to learn about Texas family law and understand how filing a family law case or starting a CPS investigation may affect your family circumstances.
How does CPS define abuse or neglect?
Abuse and neglect are two terms that have a lot of general usage in our society, but that CPS defines in very certain ways when it comes to their investigations. You need to understand how those terms are defined to effectively navigate a case involving your child.
Defining abuse and neglect under the Texas Family Code
In the Texas family code, abuse can mean mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning. Additionally, it can also mean causing or permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable material impairment in the child’s growth, development, or physical functioning. Finally, abuse can mean a physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child.
Neglect happens when someone leaves a child in a situation that puts them at substantial risk of physical or mental harm, without arranging any necessary care for them. It also includes the failure of a parent, guardian, or managing or possessory conservator to demonstrate an intent to return the child. Additionally, neglect can mean placing a child in or failing to remove a child from a situation that a reasonable person would understand required judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm to your child.
Abuse and neglect definitions in the Texas Family Code
The Texas Family Code provides additional components to the definitions of abuse and neglect of a child. However, these definitions serve as a good starting point for understanding what it means for a child to experience abuse or neglect. Notably, abuse doesn’t always involve physical injury to your child. By the same token, neglect of a child Does not necessarily need to lead to an injury only the risk that an injury or other bad outcome may have occurred due to an action taken by you or two actions on your part.
Understanding these definitions and how they play out in real life is just one more reason why it can be extremely beneficial for you to have the advice of an experienced family law attorney available to you. If you review the Texas Family Code for the definitions of abuse and neglect, you will find that these definitions can be quite complex. Understanding them in the context of your real-life situation can be even more challenging. As a result, being able to piece all this information together can take a team of people to assist you. Having a lawyer in your corner not only to advocate on your behalf in the legal system but also to teach you what you need to know to make good decisions for yourself and your child is essential to this process.
What persons will you meet during your CPS case?
CPS will have an attorney representing them, either from within CPS itself or from a district or county attorney’s office in your area. Whenever you have court dates on behalf of your child CPS, we’ll likely have an attorney present who will speak on behalf of the agency. Throughout the case process, the attorney for CPS will have to be able to share with and show a family court judge why your child needs to continue to be in the Cassidy of CPS and outside of your home.
While you may assume that you are representing your child’s best interests in a CPS case, the court will have a separate representative appointed on behalf of your child. This attorney, known as an attorney ad litem, provides legal services to your child. Their primary responsibility is to advocate for your child’s best interests. Additionally, any conversations between your child and this attorney will remain confidential. The attorney had let him meet with the child and talk with any family members or adults who are playing a role in your child’s life such as a teacher or doctor. In the courtroom, the attorney ad litem represents your child and collaborates with the family court judge to determine the necessary steps to ensure your child’s safety and promote their best interests.
Role of court-appointed special advocates and CPS caseworkers
A court-appointed special advocate (CASA) may also participate in your child’s case. This is a trained volunteer who will assist abused or neglected children who go through the family courts and a CPS case. This person is a volunteer who will meet with your child periodically and report back to the family court judge on how your child is doing. The volunteer will also be able to make recommendations about what is in your child’s best interests as far as placement is concerned.
You will meet the CPS caseworker either at the beginning of the case or after they remove your child from your home. The CPS caseworker assigned to your child’s case may be the same person who conducts the initial interview and investigation, or it may be someone different. Either way, this person will be your primary point of contact throughout the life of your case. The caseworker will likely ask questions of you or anyone in your household to obtain information about your child’s case. The CPS caseworker will meet with your child regularly and will keep you updated on how your child is doing. It is a CPS caseworker who will work with you to develop a safety plan that you need to follow to have your child returned home to you.
Mediation in CPS cases: reaching agreements for child welfare
Finally, you will be able to attend mediation at a certain point in your case that allows for you to meet with an experienced mediator, the CPS caseworker, and the attorney for CPS. The mediator will work to make sure that you all have an opportunity to settle in an agreement to either have your child returned home, continue to be in CPS custody, or even terminate your parental rights. If you reach a final agreement that does not terminate your parental rights, you may avoid a trial altogether. The mediator is a neutral party.
In conclusion, the CPS report process is integral to the Texas Department of Family and Protective Services (DFPS), safeguarding the safety and welfare of adults and children statewide. When individuals submit reports to CPS, they trigger an investigative process designed to address allegations of abuse or neglect and implement interventions to safeguard vulnerable individuals. Understanding CPS’s role and protocols is essential for anyone impacted by child welfare issues. This knowledge emphasizes the importance of creating secure and supportive environments for all community members.
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 consultations six days a week in person, over the phone, and via video. These consultations provide a valuable opportunity for you to learn more about Texas family law and how filing for divorce or a child custody case may impact your family circumstances.
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