Imagine this scenario involving child protective services: You’re mowing the lawn when you spot your neighbor’s three-year-old wandering alone. Concerned, you approach the child, given the busy street you live on. Cars frequently speed by, posing a risk to any child playing nearby. Recognizing the danger, you decide not to take any risks.
Upon reaching him, you ask where his parents are, but he doesn’t respond. This silence is typical for young children who are unfamiliar with an adult. You knock on your neighbor’s door, and he appears unconcerned about his son’s safety. He thanks you for your vigilance. However, an hour later, the child is unsupervised again. Now your concern deepens.
Many of us would feel unsure about how to act in this situation. While Texas law trusts parents to make the best decisions for their children, it might seem intrusive to intervene. Yet, seeing a child at risk stirs a need to act, despite potential backlash from the parents.
In such instances, contacting child protective services is not always the first step. But if it seems like the only viable option to ensure a child’s safety, hesitation should not prevent action. Today’s blog post will explore when it’s appropriate to involve CPS and when a direct conversation with parents might be more effective.
At the Law Office of Bryan Fagan, we frequently assist Texas parents with CPS cases. We recognize the stress and uncertainty these cases can bring. Although CPS might sometimes seem overzealous, understanding when their involvement is beneficial is crucial. Our experienced family law attorneys are ready to offer guidance. For any questions about today’s topic, feel free to contact us for a free consultation.
Understanding what child abuse and neglect are
For many people, contacting the government about a child’s welfare feels foreign. We often think of calling law enforcement when we witness danger, but this instinct doesn’t always extend to child protective services (CPS) and children. Seeing crimes or dangerous situations is more common than observing suspicious events involving a child. Police presence in daily life is more familiar than interactions with CPS caseworkers, explaining why some hesitate to contact CPS.
Before calling CPS about a child-related incident, it’s helpful to understand what CPS entails. Child Protective Services, part of the Texas Department of Family and Protective Services, aims to protect vulnerable individuals, including children who depend on adults for care due to their physical and mental limitations.
CPS offers several methods for making anonymous reports about a child’s well-being. They ensure your identity remains private and is not disclosed to the person reported. Even if the reported individual accesses initial call transcripts or caseworker notes, your name will be redacted. This privacy protection is crucial for many potential reporters.
When a report reaches CPS, the nearest local division investigates. They assign caseworkers to assess the situation, often involving home visits to interview adults and gather additional data like school and medical records.
A CPS caseworker compiles information to determine if abuse or neglect occurred, with a supervising employee approving their findings. The investigation’s outcome affects the family based on whether CPS finds evidence of abuse or neglect or neither.
In scenarios where a child’s home environment is unsafe, CPS might seek a court order for temporary custody to remove the child. They generally collaborate with the family, requesting contact details for relatives who could care for the child during the investigation.
If the situation escalates to legal proceedings, the parent might need to fulfill conditions like counseling or rehabilitation before the child can return home. These processes involve regular updates to the court on the parent’s progress and CPS updating the court on the child’s well-being.
Post-investigation, a judge decides if the child can return home based on CPS recommendations. In some cases, reunification is feasible; in others, CPS may continue as the primary caretaker or even move to terminate parental rights if the parent is deemed incapable of ensuring the child’s well-being.
With this understanding, you can better navigate the process of reporting child abuse or neglect. If you are a parent impacted by a CPS report and have concerns about your child’s welfare, consider reaching out to the Law Office of Bryan Fagan for guidance and support in these challenging times.
Reporting potential abuse or neglect to CPS
Identifying potential abuse or neglect is crucial for making reports to child protective services (CPS). Adults play a vital role in protecting children, even those they don’t personally know. Teachers are particularly important because they spend a lot of time with children and are often the first to notice signs of abuse or neglect. Research indicates that unreported cases of child abuse and neglect rose sharply during the pandemic. This increase was primarily due to the transition from in-person to virtual schooling, which limited educators’ direct observation.
Assessing suspected child abuse or neglect from outside the home can be difficult for adults. It is crucial not to make hasty judgments that could harm families unnecessarily. However, it is essential to remain vigilant to identify potential abuse or neglect. Being vigilant does not mean searching for abuse in places like grocery stores or soccer fields; it means being alert and recognizing signs when they manifest.
If you suspect a child is in immediate danger, immediately call 9-1-1. You should act based on a well-founded belief of imminent danger, regardless of potential repercussions for the child’s parents. The main goal is to protect the child; law enforcement will address the legal details.
What to do when a child makes an outcry to you
If you hold a position of trust with a child, don’t be surprised if they approach you with concerns about abuse or neglect. This could be unsettling, but you might be the best-placed adult to help. When a child confides in you about such incidents, allow them to speak freely. It’s crucial that they express themselves in their own words without your influence, which could alter their account and affect the effectiveness of child protective services (CPS).
Reporting to CPS is straightforward. You’ll need to provide basic details such as the child’s name, date of birth, address, and caretaker names. Use online tools or the hotline to make your report to CPS.
As discussed earlier, CPS strives to protect your anonymity. However, your identity might be disclosed to law enforcement if necessary for a criminal investigation.
When reporting abuse or neglect to CPS, remain as calm as possible. It’s vital to believe what the child tells you. Children might misunderstand situations, but taking them seriously allows the appropriate authorities to evaluate the case. Encourage the child to share details freely. You can ask questions and show concern to gather more information.
Avoid pressing the child for more information than they are comfortable sharing. This can make them reluctant to disclose further. Never make promises you can’t keep. Once you know who is responsible for the abuse or neglect, inform law enforcement, CPS, or both. However, never confront the accused yourself.
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 are a great way for you to learn more about the world of Texas family law as well as how your family’s circumstances may be impacted by the filing of a divorce or child custody lawsuit.
Other Related Articles:
- Child Protective Services in Texas: Safeguarding Childhood and Shaping the Future
- Child Protective Services (CPS) in Texas and Marijuana Use: What Parents Need to Know
- Child Protective Services (CPS) and Marijuana: A Comprehensive Guide to Texas Law
- Understanding CPS Authority: Can Child Protective Services Require Drug Testing in Texas?
- Confidentiality in your Texas Child Protective Services case
- Drug Offenses and Child Protective Services (CPS)
- CPS Navigator Your Guide to Conquering Child Protective Services with Confidence!
- Here is what you should do when Child Protective Services knocks at your door
- Refusing Entry to Child Protective Services
- Child Protective Services Investigations in Texas
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
