Child Protective Services (CPS) knocks on your door one morning. The kids just got on the school bus, and you are getting ready for work. The house is a mess. Dishes are in the sink; dirty clothes are on the couch. You haven’t even finished your cup of coffee when a knock at the door hurries you to the front of your home. You see an unfamiliar vehicle parked in front of your house. Looking through the window by the front door you see a person with a stack of papers and an annoyed expression. Not exactly the most welcoming experience to go through by any means of the imagination.
So, you open the front door, and that annoyed expression doesn’t change much. A woman hands you her business card and you see a state of Texas star along with a few phone numbers. She has a badge with her name on it. Next, she identifies herself as an employee of the Texas Department of Family and Protective Services. Already, she begins looking over your shoulder into the house. You remember those dishes and dirty clothes and now it’s your turn to be the annoyed one. What is going on exactly?
If you find yourself in a position where you are the subject of a CPS investigation that means you need to develop a plan- and fast. CPS does not just “go away.” If anything, CPS is like that little dog in a movie or television show that bites onto your pant leg and just won’t let go. No matter how hard you kick that little dog will not let go. The harder you try that just causes the dog to bite down even harder. I’m sure you have this visual in your mind right now. Not a pleasant experience at all.
Fortunately for you, there are opportunities for you to be able to learn how to best handle the twists and turns of a CPS case. CPS cases are unique in that they involve a state agency in addition to you and your co-parent. This is a state agency that investigates allegations of abuse and/or neglect of children. In that case, you need to have a plan and be aware of the potential outcomes of the case as they pertain to your family.
In today’s blog post from the Law Office of Bryan Fagan, we are going to walk through the essential questions that you need to be prepared to ask CPS during an investigation. The best way for you to learn about what is going on with your case is by asking the CPS investigator directly. However, from our experience, many parents in your shoes do not know what to ask or how to ask it.
That is where the experienced CPS defense attorneys with the Law Office of Bryan Fagan come in. We can help you identify the right questions to ask and will provide you with a timeline of when to ask those questions. On top of that, we will share with you some information that can help you determine appropriate goals for your case so that your experience with CPS is as short and successful as possible.
After reading this blog post, if you have any questions, 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. When you are dealing with CPS it is best to leave nothing to chance. A consultation with one of our attorneys is just what you need to gain an understanding of the case in front of you and how to best proceed.
Question #1: Why are you here?
This is the most basic question that a parent can ask of CPS when they approach for the first time. It may seem logical to ask this question but for many parents, it is an overwhelming experience to find themselves in a situation where CPS is asking a lot of questions and not explaining very much at all. You can be put on the defensive almost immediately by the actions and tone of a CPS investigator. Being in a situation where you are investigated by CPS should lead you to ask many questions. However, if you remain on the defensive then you may end up just answering their questions instead of asking your own.
You should be direct with CPS and ask them why they are here on your doorstep. You are not being rude or disrespectful of that person to ask a basic question like this. CPS employees should be civil and courteous with you when they are interacting with you, your child, or any other person in your family. However, that does not mean that CPS will always explain themselves fully or be transparent about what is happening. The CPS caseworker may only provide you with valuable information if you stop to ask him or her.
Let’s consider a situation where you are still on your front porch staring this CPS caseworker in the face. She has talked to you about herself and what she does for a living, but she still has not specifically told you why she is here on your doorstep. You can probably take a guess and figure out that she wants to learn more about your daughter in some way. Then again, you don’t want to jump to conclusions. She may want to know more about a situation involving a nephew or a child down the street.
Instead of trying to guess why she is here (if she hasn’t already told you), the first thing you should ask a CPS caseworker is the purpose of their visit to your home. CPS is required to tell you the reason why you are being contacted in this way. Wait for the person to describe why she is present at your home. Listen closely to what she says. Keep in mind that CPS receives anonymous reports of abuse and neglect of children. From there, these reports need to be investigated.
This means that the CPS caseworker probably has very little evidence one way or the other about the allegations made. From asking the CPS employee the purpose of their being on your front doorstep, you learn that CPS received a report that your children have potentially been neglected. They were playing on your front lawn unsupervised the report went on to say. As a result, CPS has come out today to learn more about the situation. They are also asking if they can speak to your children about what had happened if anything.
By asking the CPS employee the purpose of their visit you at least can gauge better how to respond. From this point, you need to know that you do not have to grant CPS access to you, your children, or your home. You can politely decline to speak to them at that point. You also have the right to participate in the investigation, answer their questions, and make your children available for interviews. It is up to you on how to proceed, if at all.
We will caution you that making a mistake at this juncture can put you in a bad position as far as how their investigation will go. Not participating in an investigation can mean that CPS may never get your perspective on what happened. They will need to rely upon evidence provided by other people. With that in mind, it may be better for you to participate in the investigation, so your side of the story is made known. Working with a family law attorney with the Law Office of Bryan Fagan is a great way to ensure that you are asking the right questions and providing the most helpful answers possible.
Question #2: What are my rights?
Do not feel like you are without rights in this process. CPS can make you feel like you have no options or no place to turn to when that is not the case at all. Do not allow CPS to intimidate you or to feel like you are a criminal. That’s not to say that this is how they will try to make you feel. However, being accused of having abused or neglected your child can certainly cause you to feel that way. Your job is to be present for yourself and your child. Do not back down and consider asking additional questions after you have determined by CPS is at your home in the first place.
The next question that you should consider asking the CPS investigator is regarding what your rights are in the investigation. You may have figured out why CPS is on your front doorstep. You may have figured out that this process is known as an investigation. This is a good start. However, now that you have the hang of asking questions of the CPS employee you should not stop there. Go ahead and inquire about what your rights are during that investigation.
The CPS caseworker may go ahead and tell you what your rights are even before you ask. However, it is not as if they are required to do so as a police officer would be before placing you under arrest. You need to advocate for yourself in a situation like this. Nobody is going to jump out of the bushes and save you. You need to be able to stand up for yourself. The best way to learn how to stand up for yourself is to ask what your rights are during a CPS investigation.
You have the right to be represented by an attorney during a CPS case. This means that if CPS wants to meet with you now or in the future then you have the right to have your attorney with you during that meeting. Any documents that you sign or send back to CPS can be first reviewed by an attorney. Your attorney would have the right to speak to CPS directly about questions or issues that come up in your case.
The advantage of having an experienced CPS defense attorney by your side in a case is that we know how the process works and are not intimidated by CPS. To be sure, it is good to have a certain level of respect for CPS and the work that they do. Most CPS investigators are simply doing their best in tricky circumstances. However, you should be prepared to hold the investigator accountable for how the investigation is conducted. Do not be satisfied just because you have been able to learn what they are doing at your home. Go ahead and ask more and you will be more effective at advocating for yourself and your child.
Question #3: What is the process?
A CPS case is fortunately very process-driven. This means that you can look forward to the CPS investigator taking a very methodical approach to the case. It is not like in some family law cases where a divorce or child custody can seemingly go in four different directions all at one time. Rather, in a CPS case you can be sure that the case will proceed along a certain timeline as far as important dates and events are concerned.
In large part, this is due to CPS needing to meet certain deadlines for the case as far as getting to a final trial is concerned. Everything is driven by the need to complete their investigation within one year of the investigation’s start. That’s not to say that your case will take this long to complete itself. However, it does provide you with an overview of how long a case could take and what steps are involved to get to that point.
CPS will conduct a home evaluation at least once during the process. This means that if you are aware of when that evaluation will be then you can prepare the physical home itself (pick up dirty clothes and do the dishes) as well as your family who will be present in the home during this evaluation. The more prepared your family can be the better impression you can give to the CPS investigator.
Finally, CPS will conduct interviews with you, your child, and any adult who lives in your home. More accurately, CPS will attempt to conduct interviews. It is up to you whether ot participate in the interview process. Until and unless CPS obtains a court order which requires that you participate in the interview it is up to you on how to proceed. Learning about the process involved in a CPS allows you to maintain a better plan and strategy on how to proceed.
Question #4: How can we cooperate?
This final question that we wanted to cover with you today relates to so much of what we have already discussed. The bottom line is that it is up to you the extent to which you cooperate in the CPS investigation. Until and unless a court becomes involved in the case you are under no obligation to communicate with CPS or to have your child be made available for communication purposes. Theoretically, you could smile at the CPS investigator and close the door on her from the first moment you hear why she is at your home.
However, there are consequences when it comes to participating in a CPS case. If you choose not to participate then CPS can still conduct their investigation. If the allegations are serious enough, they can still remove your child from your home without you participating. At that point, it may be time to consider talking to them. The information they may have may conflict with the reality of what went on regarding you and your child.
By the same token, if you do choose to participate in the CPS investigation you could say the wrong thing, become flustered, and give a bad impression. This may not be your fault entirely, but you want to make sure that your interactions with CPS are geared towards preserving your rights and doing what is in the best interest of your child. Jumping into a CPS investigation with no help, no plan, and no goals is not wise at all.
Balancing your rights and the need to cooperate in a CPS investigation is a delicate dance to try and learn. Having an experienced CPS defense attorney available to lean on during this time can seriously increase your chances of achieving a favorable result for your family. When the removal of your child for a period is a potential outcome, you need to have a plan that makes sense. Working with an experienced attorney with the Law Office of Bryan Fagan is the best way for you to approach a CPS investigation.
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 a CPS investigation.
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.
