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Navigating the child abuse process in a CPS case can be an overwhelming and emotionally charged experience for families. When allegations of child abuse or neglect arise, the involvement of Child Protective Services (CPS) initiates a complex legal and investigative process. This process ensures the safety and well-being of children while also addressing the rights and responsibilities of parents or caregivers.
Facing accusations from the Department of Family and Protective Services
Imagine hearing an unexpected knock on your front door early in the morning. You weren’t expecting visitors—it’s too early for neighbors or relatives to drop by unannounced. After dropping the kids off at school, you’re just getting back into the swing of things at work. As you approach the door, you wonder who could be visiting at such an unusual hour of the day.
Upon opening the door, you encounter a smiling young woman whose friendly demeanor suggests she may be a door-to-door salesperson or fundraising neighbor. However, she identifies herself as a Department of Family and Protective Services employee from Texas, displaying an official badge with her photo. Though unfamiliar with this agency, you realize you’ll soon learn much more about it in the weeks to come.
You step outside to speak with the young woman. She informs you that a report was filed with her state agency, alleging that you abused your child. This is news to you. To say that you were caught flatfooted would be an understatement. How could anyone prepare for an accusation like this completely out of the blue? It was stunning, to say the least, how quickly your life changed once you heard those words. Immediately, you start searching your mind for incidents and possible instances of abuse that another person might have observed. Your mind goes blank, and you can’t possibly think of a time when you would have been even close to abusing your child.
Initial concerns and rights with CPS investigations
This is what you tell the CPS employee. The Department of Family and Protective Services is the state agency that oversees Child Protective Services. While you may have never heard of the Department of Family Protective Services, you have undoubtedly heard of Child Protective Services. You may have even had family members or friends be involved in Child Protective Services cases. Once all this information sinks into your brain, there is no doubt that you have a legitimate concern about where this new person in your life can lead you. The big concern that you have is that the destination is nowhere you want to go.
After exchanging pleasantries with the CPS caseworker, she asked if you would let her come inside and take a look around the house. After asking her about the allegations made against you, she is extremely vague and declines to talk about the specifics at this time. She lets you know that she will be more than happy to share more information with you if you would like to go with her to another location to speak to her in an interview setting about the allegations made. This understandably makes you nervous and has you wondering what rights you have.
Facing a situation like this could closely resemble your current circumstances. If a CPS case suddenly became part of your life, how would you respond? Do you know what steps to take to protect your rights as a parent? Who would you turn to for help? These questions are crucial to address now rather than avoiding them. While we can’t predict the future, there’s much you can do to prepare. Today’s blog post aims to guide you through navigating a Texas Child Protective Services case if you’re accused of child abuse.
Approaching an initial hearing in a Child Protective Services case
Depending on the exact circumstances of your case, Child Protective Services could either leave your child in your home with you or immediately take custody of them. The circumstances must be so significant and severe that a caseworker believes there is an immediate risk of harm to your child if they remain in your home for any length of time. In this situation, the emergency removal of your child could occur before a court order is obtained.
Emergency removal and initial hearings in CPS cases
If Child Protective Services removes your child from your home on an emergency basis, they must go before a judge within three days to hold a hearing. This hearing allows them to be named as temporary managing conservators of your child, enabling them to make decisions about where your child lives and goes to school. It is unlikely that you will be able to go to this hearing. A judge would only consider the agency’s arguments if they were based on exigent circumstances and an immediate threat to the well-being of your child.
If a judge grants the state of Texas’s request to be named as a temporary managing conservator of your child, the next step is to hold an initial hearing. During this hearing, all parties involved in the case, particularly you, can present evidence to the judge regarding where your child should reside during this case. I am assuming at this point that there is enough evidence to substantiate some degree of abuse of your child. Still, you would be able to produce and present counterevidence, showing that no abuse occurred. At the very least, you would be able to present evidence showing that the removal of your child is not in their best interests.
Requirements and visitation in CPS temporary orders
If the court names the Department of Family Protective Services as the temporary managing conservator of your child at the initial hearing, it will issue temporary orders. You can request to be named a temporary possessory conservator, granting you specific rights and responsibilities in the court order and throughout the CPS case. These temporary orders will also include specific instructions to you on how to proceed in completing any course, therapy, or counseling necessary for you to have your child return to your home.
The nice thing is that CPS will often go to great lengths to include in an order mandates for you to participate in services directed at you specifically to confront any issues that have led to the removal of your child in the 1st place. For instance, if someone alleges that you struck your child in a grocery store, the court may require you to attend anger management or other counseling to address your issues with rage. Similarly, if drug addiction is an issue for you, the court may require you to attend Narcotics Anonymous or another form of counseling to address your drug abuse problems.
Mandatory services and visitation in CPS cases
However, keep in mind that participation in these services is not optional. You must attend all courses or therapy sessions outlined in your temporary orders. If you do not comply with the orders, the court may terminate your parental rights or limit them significantly. This could result in you having very few rights regarding your child and only supervised visitation. While you may not have asked for the CPS case to begin, the ball is in your court to be able to complete the requirements of your temporary orders and win the right back 2 make decisions and be with your child.
The temporary orders will also contain a Visitation schedule for you and your family with the child removed from your home. Your visitation will likely be supervised, either by the individuals caring for your child or by a court-appointed supervised visitation facility. As you work on transitioning into a new life of sobriety or improving your emotional control, you may gradually earn an increase in the duration of your visitation with your child. This increase will depend on your ability to demonstrate safe behavior.
When is the next step in the case when you expect to be back in court?
After your child’s removal and the initial hearing, a second hearing with the judge follows approximately 60 days later. Attendance is mandatory, and it is highly advisable to have legal representation. This hearing determines visitation rights and potential changes in your child’s living arrangements. A skilled attorney can significantly improve your chances of achieving a favorable outcome for your family. This status hearing evaluates your completion of therapy courses and the service plan designed for reunification with your child. If you cannot afford an attorney, file a motion with the court before the hearing to request one.
Depending upon where your child has been residing to this point in the case, you and Child Protective Services may be able to discuss alternative placement for your child with a relative or friend of your family. For that reason, you should speak to friends and family throughout the Child Protective Services case to determine if anyone can care for your child for an extended period, if necessary. If you have persons like this in your life, you should provide their information to the Child Protective Services caseworker.
The caseworker will then perform an inspection of that person’s home, interview any adult living in that home, and then perform a background in criminal history search on this person. If everything comes back positive, then at the status hearing, the judge in your case could decide to place your child with this person instead of with a foster family or foster home. I don’t think there is any way of getting around it that this would be a much better alternative for your child if they have to be away from your home for any period.
What will be the goal of your Child Protective Services case?
From the outside of your case, your goal for the CPS case is likely to be your child being able to come home and reside with you permanently and for the CPS case’s closure. Often, this is also the goal of Child Protective Services, but you should be aware that there is a range of plans that CPS could offer a court based on the specific circumstances of your case. The nature and history of the allegations made against you in the initial report and subsequent investigation will also play into CPS’s decision-making in this regard.
The agency will present a permanency plan to the judge, who will decide whether to approve the service plans initiated and offered to you at the previous hearing. During the status hearing, the agency will outline two permanency goals: a primary permanency goal and a concurrent permanency goal. The primary permanency goal is the outcome that CPS aims to achieve, while the concurrent permanency goal acts as a backup if the primary goal cannot be reached.
Broadly speaking, four permanency goals may apply to your case. The first is the most straightforward, that being family reunification. Ostensibly, if you meet your Service plan requirements, attend any counseling or classes, remedy any deficiencies in your home, and take the steps necessary to improve your parenting. Family reunification will be the primary goal of your CPS case. You must demonstrate a willingness and ability to participate in the case process and follow your temporary orders for this goal to be established.
Conclusion
If reunification with you in your home is not the best option for your child in the eyes of CPS, they may specify that your child’s adoption by a relative or family member would be best. Additionally, the agency may consider individuals who are not related to you for the adoption role if your circumstances justify it. If adoption is not feasible in your case, the agency can request that a relative or another individual be named the permanent managing conservator of your child. This person would hold primary decision-making rights and duties for your child but would not become your child’s legal parent through adoption.
In the child abuse process within a CPS case, CPS may ultimately petition a judge to place your child in permanent foster care if efforts towards reunification falter due to apparent non-participation in required steps. The state considers this step a last resort. It’s crucial to consult with your attorney at this stage to understand clearly what actions are necessary to facilitate your child’s return home.
During the status hearing, all parties gather to assess whether they are meeting the objectives outlined in the temporary orders. Failure to comply with the services mandated in your temporary orders can significantly impact your parental rights, potentially resulting in their termination or severe restriction. At this juncture, strict adherence to the rules and diligent compliance with temporary orders are essential.
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