Child Protective Services (CPS) entering your life is daunting, often catching families by surprise when they least expect it. This agency is tasked with protecting children from abuse or neglect, receiving anonymous tips that can trigger investigations without prior notice to the accused. Such investigations are serious, carrying heavy consequences if abuse or neglect is proven.
However, being involved in a CPS investigation doesn’t mean you’re without support. Legal advice and representation are crucial from the start. Initially, you won’t be provided an attorney; it’s only when your parental rights are at risk of termination that legal representation may be offered. Therefore, securing an attorney early on can be vital.
At the Law Office of Bryan Fagan, our seasoned CPS defense attorneys are prepared to guide you through the complexities of these investigations, including issues like whether a CPS investigator can take photographs of your home or if the state can access your child’s medical records. We advocate fiercely on your behalf, aiming to halt the investigation swiftly and restore normalcy to your family life.
For further information or questions, reach out to the Law Office of Bryan Fagan. Our dedicated team stands ready to defend and support you through your CPS case.
What should you expect in a CPS home visit?
When Child Protective Services (CPS) receives a report, they will not disclose the informant’s identity. Instead, you will likely be contacted within two days for an initial home visit. This visit, often unannounced, does not legally require you to allow them entry without a court order, and it’s entirely voluntary to even open the door.
During these crucial moments, remember that CPS investigators are not police officers, yet their goal is to gather evidence for potential abuse or neglect accusations. They enter with the presumption of finding evidence, not with an innocent-until-proven-guilty approach. Their visit might include taking photographs and observing living conditions to substantiate any claims.
It’s important to know your rights. You can refuse to let them take photos or further access your home without a court order. Politely asking them to leave is within your rights, though they may return if they obtain the necessary legal permissions.
CPS primarily looks for clear signs of neglect such as inadequate food and water supplies, sufficient bedding for each child, overcrowded sleeping arrangements, and overall cleanliness. They are not concerned with minor messes like unfolded laundry but are looking for more severe hygiene issues like pests, dirty diapers, or visible trash and hazards.
Safety risks such as loose floorboards, unsecured handrails, and improperly stored firearms (which should be in a gun safe) are also red flags for CPS. Ensuring these are addressed before a visit can help present a safer environment for your children.
Will CPS give you notice of their intent to visit your home?
CPS does not have to give you any type of notice before visiting your home. They will collect their information from the report made to them and then will visit you. Sometimes these visits come when you least expect them to. At least at the initial visit, your home will probably not be in the sort of condition that you would be proud to show off to the public, so to speak. This is what CPS wants. They do not want your home to be in tip-top shape when they come for the first time. Rather, they would prefer to catch you by surprise so they can see what is available in your home.
When CPS comes to your front door it will not be in secret. The CPS investigator will tell you their name and that they work for CPS. Remember- you can politely decline their request to enter your home. You can leave him or her at your door and go about your business. As I mentioned earlier, CPS may arrive at your home with a police officer. Unless there is a warrant or a court order from a judge even the presence of a police officer does not give CPS the authority to enter your home without your permission.
When CPS comes to your home the investigator may ask to speak to you. If you are not available, then CPS may ask another adult or even a child who appears old enough to give consent for permission to enter your home. If that permission is granted then you can expect CPS to enter your home, take photos, and begin their investigation. However, once you find out about this you are free to withdraw your consent at any time. CPS must leave your home immediately at that point.
Is it smart to permit CPS to enter your home?
Deciding whether to grant a Child Protective Services (CPS) caseworker voluntary access to your home is crucial. If CPS has a court order or a law enforcement officer presents a warrant, you must comply. Otherwise, the decision rests in your hands.
Before allowing CPS entry, assess your specific situation. If you believe there’s been a misunderstanding—for instance, if a neighbor mistakenly thought your children were unsupervised while you were nearby but out of sight—allowing CPS into your home could clarify the situation and potentially expedite the conclusion of the investigation. You could demonstrate the misunderstanding by having CPS speak to witnesses who can confirm your presence.
However, not all situations are straightforward. Providing explanations, especially in cases involving repeated reports about a single incident, may not always work in your favor. More interactions with CPS could lead to further complications, especially if anything in your home might seem incriminating at first glance.
In such cases, it’s wise to politely decline CPS access and consult an experienced CPS defense attorney from the Law Office of Bryan Fagan. Voluntarily allowing CPS entry doesn’t guarantee a more lenient investigation. Getting professional legal advice early can help protect your rights and navigate the complexities of CPS interactions more effectively.
Is it smart to NOT permit CPS to enter your home?
Deciding whether to allow Child Protective Services (CPS) into your home involves significant considerations. Unlike a criminal court where pleading the Fifth Amendment cannot be used against you, a CPS investigator may make assumptions about your refusal to grant access. If allegations against you suggest your child is at immediate risk, denying entry could prompt CPS to swiftly seek a court order to enter your home.
Particularly in cases involving accusations of physical or sexual abuse, CPS may urgently request entry. If you refuse, CPS’s next step could involve their attorneys filing for a court order to enter your home under emergency conditions. This could potentially lead to the temporary or even prolonged removal of your child from your care, depending on what the CPS investigation uncovers. While CPS does not necessarily need to take photos during their investigation, they are allowed to do so.
Can CPS request medical records of your child as part of their investigation?
Once CPS gains a foothold in your life, they can take steps towards acquiring information about you and your children. For instance, CPS would not be able to immediately request medical records associated with the care of your children. However, they would be able to do so if CPS gains temporary conservatorship over your child. At that point, CPS would be acting as a parent in that regard. As a conservator, CPS would be able to access educational and healthcare-related materials about your child.
What does this mean for you? If your child has gone to see a doctor related to an injury, then you can expect CPS to seek out that provider and request records. If you are considering what to do to prevent this from happening there are some steps you can take. Hiring an experienced family law attorney gives you the best opportunity to avoid a situation where CPS can get their hands on private healthcare information about your child.
CPS cases are easy for families. Nor are they ever the same for any two families. The information in this blog post should be helpful to your family but to gain a powerful insight into matters specific to you and your child please reach out to the Law Office of Bryan Fagan. We work alongside families like yours every day in service to them. There are steps you can take to prepare yourself and help your child We are available to talk to about whatever your particular needs are.
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 to learn more about the world of Texas family law as well as how your family may be impacted by the filing of divorce, child custody, or CPS case.
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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.
