A Child Protective Services case is among the most difficult kinds of family law cases in Texas. Not only do you have to handle the stress and anxiety in your home, but you also have considerations related to CPS and the courts.
Hanging over the entirety of your case is the threat of removal of your children. As pressing as matters might be related to the well-being of your family you also have work and other responsibilities. The rest of your life does not pause itself just because you were going through a CPS case. During this time you have a lot on your mind.
Facing a CPS case one time is difficult. However, consider what we would do if you had to face a CPS case on multiple occasions. How would you handle the situation? What strategy would you develop to attend to matters which have to do with the daily life of your children? How can you protect yourself and your family from government intrusion? These are all valid questions to ask.
In today’s blog post from the Law Office of Bryan Fagan, we are going to focus our time on answering these questions. Specifically: how can you beat a CPS case on multiple occasions? Our experienced family law attorneys will share useful information with you about CPS cases and how to approach them in your life as a parent.
Protecting your rights and your family in a CPS case
One of the most significant disadvantages that many parents enter a CPS case with is not understanding the process. In a divorce or child custody circumstance, there is a great deal of information available to parents about how to proceed in a case. However, CPS cases have much less information available both online and in other formats. This can leave you feeling like you have far fewer resources available. Less information typically leads to greater anxiety.
Child Protective Services functions as a part of the Texas Department of Family and Protective Services. The overarching goal of this state agency is to ensure that children and vulnerable people are kept safe. To further this mission, the state of Texas investigates reports of abuse and neglect of children. These reports are made anonymously through various reporting methods such as Internet and phone hotlines.
Whatever report comes in to Child Protective Services about potential abuse or neglect involving your child the agency will provide the report to your local office of Child Protective Services. From there, the agency will send a field worker or investigator to your home to reach out to you about the report. Imagine a situation where you are getting ready for work one day when you see a strange car pull up in front of your house. A woman walks to your front door with a badge around her neck in purpose to her steps. How would you approach this person?
Previous encounters with CPS can inform how you approach an investigation
One of the advantages of having had contact with CPS previously is that you will know how to talk with a CPS employee. For instance, those who have no experience with CPS will often ask whether it is appropriate to even talk to CPS, as in, whether it is against the law to not answer the door when CPS knocks.
Having had prior experience with CPS, you know that the initial interaction with CPS is almost always voluntary. This means you do not have to necessarily talk to CPS if they knock on your door. The exception to this rule occurs when CPS has law enforcement with them as well as a warrant to talk to an individual in your home or search the home itself.
However, even if you have had prior interactions with CPS, you may still be uncomfortable with the idea of talking to the agency and its employees. Many times, when we are nervous or uncomfortable we will do things that are out of character. These may be things that we would ordinarily never do or would have done on this occasion because of nervousness or anxiety. Talking to CPS when you do not have to may fall into this category.
CPS uses your anxiety against you in many cases. This way they may be able to obtain information about you or your family that you otherwise may not give. To counteract this type of inclination it is worth considering whether you need an attorney. The Law Office of Bryan Fagan offers parents just like you free-of-charge consultations. These consultations allow you to ask questions and receive helpful feedback on a range of topics.
Be proactive about attending to issues raised previously by CPS
When it becomes obvious that CPS is investigating your family once again about abuse or neglect of your child you should approach the situation logically. What was the nature of their last investigation into your family? Think back to what the focus was on that investigation. Likely, CPS is once again interested in something having to do with one of those subjects.
Bearing this in mind, you can apply that knowledge to your current or upcoming case. For example, If the previous investigation focused a great deal on issues you have with co-parenting that is a logical place to begin. Talk to your co-parent about any problems you have experienced in your co-parenting relationship. If something happened where your child was put in harm’s way because of a lack of communication, then you may need to attend co-parenting classes or take other steps to increase the flow of communication.
Or you may find yourself in a circumstance involving a material defect in your home. Did your child injure himself on the staircase in the house? If so, be sure to look for any problems with the staircase that may have caused an injury. Something as simple as fixing a broken floorboard could be enough to solve the issue involving Child Protective Services. Start examining your life from the perspective of small things and then work your way out.
Showing a commitment to fixing problems in a CPS investigation
Being able to show CPS that you take seriously their findings is a huge part of getting CPS out of your life. It sounds silly, but sometimes the agency just needs to see that you take seriously what is being alleged against you. The more you delay taking steps to fix these problems the longer CPS will be involved in your life. Is the CPS worker going to be the nicest person in the world to you? Most likely the answer to that question is no.
However, the employees of CPS are typically overworked and underpaid. The responsibilities of a CPS caseworker are tremendous. That the caseworker will not be smiling and chipper every time you see him or her should not dissuade you from trying your best to fix whatever problem is occurring that has brought about CPS involvement in your life.
As you begin a second or third CPS case your instinct may be to act indifferently or even defiantly towards the CPS investigation. However, to act in this way would be a mistake. You may not like that CPS has reached out to your family again, but the reality of the situation is that CPS wants to do a job well for your family. On some level, their motivation is the same as yours. Namely, to look out for the best interests of your child.
Proper record-keeping can help avoid problems
One of the best things you can do to avoid issues when it comes to a subsequent CPS encounter is to keep accurate records of your interactions with the agency. In a standard family law case interactions with the government exist only in the courtroom. There, you can be assured that a record is being maintained of what is discussed between yourself and the court. However, in a CPS case, this does not happen. The agency keeps its records. At the same time, it is not always easy for you to obtain those records if you need them.
An attorney can help you to request records from Child Protective Services. Those records typically will be provided to you long after you ask for them. On top of that, the agency will black out or make confidential various pieces of information in the files you are asking for. Details like the person who first reported your family to CPS or information provided about your child that is otherwise protected would not be provided to you. This can further weaken you and your attorney’s ability to request and receive important information.
Therefore, it is of the utmost importance that you are willing to take notes and document everything possible when it comes to CPS. The names, dates, and times of each interaction or phone call should be taken. Additionally, CPS is notorious for not being easy to get a hold of. When you inevitably must call and wait for a response from CPS there is no harm in sending them a certified letter or e-mail. This way there is documented evidence of you trying to be proactive in communicating with them.
Take seriously the investigation involving CPS
Just because you have beaten CPS in their investigations more than once does not mean you can take the current investigation lightly. On the contrary, the tendency towards underestimating the CPS investigation is one of the worst things you can do for yourself or your family. Instead of spending your time complaining about the investigation you can take that time and use it wisely.
For instance, once CPS and you come to an agreement on the step that can be taken to help protect your child you need to go out and accomplish that step immediately. This could be something as simple as attending a parenting class. Or you may need to fix a small defect in your home. Whatever the situation may be there is no use delaying or procrastinating in this type of situation. The faster you fix the problem, the more likely you are to rid your family life of Child Protective Services.
At a certain point, it becomes necessary for you as a parent to acknowledge your limitations. If you know that you are the type of person who is not great at documenting the steps taken to fix a problem, then you need help. An attorney with the Law Office of Bryan Fagan can guide you effectively when it comes to documenting and solving problems involved with Child Protective Services.
Be careful about what you say to Child Protective Services
Some parents who have had multiple cases before Child Protective Services can be somewhat casual in their manner of speaking to the agency. Think back to your first case with CPS. Even if you were somewhat nervous or anxious when speaking with CPS it is more likely than not that you did talk to them with a certain degree of formality. Even if this is not your normal manner of speaking it does mean that you were also more likely to talk about the important subjects of your case in a respectful manner.
It is human nature to be less formal with someone the more comfortable you become. While you may never describe your relationship as comfortable with CPS you are more than likely much who’s willing to be as respectful as he once was in conversations. Be aware of your human nature and tendency to drift towards informality in speech and behavior.
Instead, consider that your behavior and attitude in the CPS case have a greater impact than you may otherwise believe. Sometimes we can for ourselves into thinking that the way we talk to others does not make a big difference when it comes to how that person interacts with us. In this situation with CPS, you should be extremely wary about being too casual with the agency. Always act like what you say and do will someday be presented in a courtroom. Doing so helps to avoid informality that can hurt you and your child.
How an experienced family law attorney can help you beat CPS again
No matter what your experiences with CPS have been like you should not necessarily rest on your prior successes. Many families will tell you that CPS cases are completely unfair and biased against certain families. I am not here to tell you that there is no truth to this. It does seem like once you become involved in a CPS case the likelihood of being involved in a subsequent case increases.
With that said, there is not much you can do about it once you become involved with CPS. What you can do is focus on the steps you can take to ensure a successful case on a second and third occasion. The information provided today in this blog post is a great resource when it comes to helping beat a second or third CPS case. There are steps you can take that greatly increase your likelihood of success.
Working with an experienced family law attorney with the Law Office of Bryan Fagan assists a great deal when it comes to the daily workings of a CPS case. Communication within CPS cases is oftentimes a challenge. The agency is not easy to get a hold of. Following up with them on questions or issues can sometimes take a few days. Having an attorney to help you reach out to CPS is a major advantage. Representation in court is another area where having an attorney can help tremendously.
Final thoughts on how to beat CPS again in Texas
Thank you for choosing to spend part of your day with the Law Office of Bryan Fagan. Our experienced family law attorneys post unique and informative content on our website seven days a week. We hope that this information has been both helpful and entertaining to read. Any questions you have about the material you have read can be addressed to one of our experienced family law attorneys.
An attorney with our office can speak to you six days a week in person, over the phone, and via video. A free-of-charge consultation with one of our attorneys can help you discover new information about your case. This is true even when you have previously dealt with CPS. When it feels like you have nowhere else to turn, please consider the Law Office of Bryan Fagan. We have decades of combined experience with our attorneys. We treat your case and your family as individuals with unique needs and goals.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan 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. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
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.
