Picture this. One morning you are getting ready for work. The kids are already on the school bus on their way to school. The house is empty other than you hurrying to get ready. You are quickly collecting your belongings before you make your way to the car. However, before you can grab your lunch you look out the front window and see a person you’ve never seen before approaching your home. She does not look like a salesperson. She is moving with purpose. It is certainly uncommon for you to receive visitors at this time of day during the week.
Next thing you know, she is knocking on your front door. Although answering the door is going to make you late for work something tells you to see what this is about. So, you open the door and greet the woman. Immediately, she identifies herself as an employee of the Texas Department of Family and Protective Services. She shows you her identification and lets you know that she has some questions to ask you.
At this point, you are sure that this person isn’t there to award you with a certificate in good parenting. Rather, it is more likely that something has gone wrong. This won’t be a positive interaction you tell yourself.
What would you do in a situation like this? Would you know how to react? Is it a good idea to even talk to this person? The Law Office of Bryan Fagan, in today’s blog post, is going to share with you an overview of a Child Protective Services investigation in Texas.
How does Child Protective Services come to know about your family?
Child Protective Services has mechanisms available to the public for reporting alleged incidents involving neglect or abuse of children. These mechanisms involve people contacting Child Protective Services voluntarily or out of a professional obligation. Certain people, such as teachers and doctors, must report what they believe to be incidents of abuse or neglect of children. Members of the public generally may also do so if they believe that abuse or neglect of children has occurred.
These reports are made anonymously. During your interactions with Child Protective Services, it is unlikely that you will ever officially be made aware of the person who made the report regarding your family. When you come across documents associated with the investigation the reporter’s information is going to be blacked out. This is done to protect that person from any blowback associated with the report made.
When a report is made to Child Protective Services, an investigation commences on behalf of the children involved in the report. Child Protective Services attempts to substantiate the report and collect evidence to determine whether abuse or neglect is likely to have occurred. When you see a state employee approaching your home this is how that person became aware of your circumstances. Now that we know how CPS becomes aware of potential incidents let’s discuss what an investigation looks like.
CPS investigations
Opening an investigation, it is standard for an investigator to visit with you and your child. These CPS employees are known as caseworkers or investigators. Questions will need to be asked of you related to any report made to CPS. This is where we left off in our hypothetical situation involving the CPS employee coming to your home. It is also likely that the CPS employee will politely ask to enter your home and perform an inspection.
This is going to feel sudden. CPS will not contact you in advance and their visit to your home will be unannounced. Having a stranger ask to come into your home is something that does not happen every day. However, CPS will not only ask for permission to do so but we’ll ask you to undergo a background check as well. The same goes for any adult who lives in your home or comes into contact regularly with your child.
At this stage of an investigation, it is difficult to tell the extent to which Child Protective Services will investigate your family. Depending on the allegations made and the evidence available an investigation may be rather short. However, CPS investigations have been known to extend well past a few days. This means CPS is a part of your life and that of your child for an extended period.
As a result, this underscores the importance of working with an experienced Child Protective Services defense attorney. An attorney knows in detail how the CPS case works and what can be done to help you and your family. The attorneys with the Law Office of Bryan Fagan work extensively with families during and after a CPS investigation. We have the skills needed to advise you on matters related to Child Protective Services.
How Child Protective Services conducts an investigation
Most CPS investigations are conducted thoroughly. This means that you should expect an investigator to interview you, your child’s other parent, any adult living in your household, potentially your child, their siblings, and any other person suspected of abusing or neglecting your child. Visits to your home are also regular occurrences during a CPS investigation. This is done to collect information about your whole life and the status of your residence. It is true that in some investigations the house itself may be a central part of the allegation made of abuse or neglect.
Interviewing your child
Early in the investigation, CPS will ask for permission to interview your child. At this point, it is purely optional for you to allow a CPS case worker to visit with your child. If you grant permission for this to happen then the visit could occur at school when you are not with your child. You may also tell the investigator that you do not grant permission for an interview to occur. Keep in mind that CPS can ask a judge for a court order that grants them the authority to meet with your child over and above any objection you make. Consult with an experienced CPS defense attorney if you have questions about the agency meeting with and talking to your children.
Interviewing the parents of your child
Next, the CPS investigator attempts to meet with any adult who plays a role in raising your child. This could be you, your spouse, a co-parent, or any other relative who has conservatorship rights. Specifically, any adult named as a potential perpetrator in the report is someone whom CPS would like to talk to. These interviews are typically very detailed and involve a line of questioning most people are not used to.
It is critical to bear in mind that your participation in these interviews is completely voluntary. Before CPS asks the court’s permission to perform the investigation you are under no obligation to speak to CPS at all. For instance, when the agency comes to your home for the first time you do not have to answer the door. You certainly do not need to allow CPS inside your home to conduct a visit. Many parents are unaware of this and unknowingly allow CPS into their lives otherwise that may not be in their best interests.
Think about television shows and movies that detail the police interacting with the public. Once an arrest is made the police list off several rights that the person being arrested has under American law. These are known as Miranda rights. Something similar now applies to CPS investigations in Texas. CPS caseworkers must inform you and any parent or person involved in a CPS case of their rights before conducting much of the investigation.
This is done to make sure that people involved in CPS investigations are aware of the consequences of their participation in the interview. If you have questions about participating in a CPS investigation, be sure to contact and reach out to the Law Office of Bryan Fagan for a free-of-charge consultation.
CPS interviewing members of your family
A CPS investigation is frequently not limited to only individuals in your household. The CPS investigator will ask for the names and information of people who frequently encounter your child. This includes members of your household and people outside of your home. Again, they are participation in the interview process is optional. However, when provided their information CPS conducts background checks on these individuals. This is done in large part to determine whether a person has a history with CPS or law enforcement.
The information collected by CPS during this stage of a case is geared towards two different things. First, CPS has a burden to conclude an investigation as quickly as possible. After their investigation, CPS makes determinations on whether evidence points towards abuse or neglect having occurred. Second, if removal of your child from the home becomes an option, evidence collected in the investigation can be used in court to support the CPS case.
With so much riding on an investigation having someone to walk with you is important. This means a support system of family and friends. However, this also means having a group of experienced attorneys who have your back and can guide you along the CPS process. The Law Office of Bryan Fagan has served many families in Texas during a CPS investigation. We understand the process involved with the CPS investigation. Before you make a mistake, we could potentially jeopardize your relationship with your child contact our office for a free-of-charge consultation.
Collecting documentation during a CPS investigation
As far as collecting evidence in the investigation, the caseworker will ask you for documents regarding your child. These could include documents such as medical records or school records. Medical records would be geared towards seeing if your child has received medical attention for any issue related to the CPS report. School records would display attendance at school, performance in the classroom, and any disciplinary referrals. School records could also show whether school officials have been in contact with you or your child’s other parent about any other problems.
Accessing these documents typically comes with the signing of a release which allows the caseworker to request them from their source. You do not have to sign any release offered to you by CPS. However, CPS can request permission from a court to order you to sign a release. Once an order is received it is not optional for you to sign the release. Anything you sign should have a copy made for your records. If you change your mind about authorizing the release you should contact CPS immediately.
CPS home visits
When CPS shows up to your home it is common for an investigator to request access to your residence. The first thing that CPS will look for is to determine whether the home is safe for your child to live in. Defects or dangerous conditions in the home itself can be remedied oftentimes with the assistance of CPS. Much like the other phases of the CPS investigation allowing an investigator into your house is optional. Photographs or other evidence taken from the home can and will be used in future phases of an investigation or court case.
Determining risk in an investigation
An assessment of risk is conducted during the CPS investigation. This is the final step of their investigation. The caseworker determines the risk level apparent in your home to your child. When a caseworker decides that there are risk factors in your home, but your family has not indicated a willingness to reduce those risk factors a determination of “Risk Indicated” is made. However, when risk factors are present, but you have indicated A willingness to utilize CPS resources to eliminate or reduce those risks then a “Risk Controlled” finding is made. Finally, when no significant factors are found in the investigation then that is going to be the final determination.
Removing your child from your home
When Child Protective Services initiates an investigation, you may be asked to have your child reside with another family temporarily. This is typically done by a safety placement or plan. Keep in mind that this step is voluntary for you to agree to. You can provide CPS with information about individuals that would be suitable homes for your child. Replacing your child with a family member or friend is a more comfortable arrangement for you and your child. This is a better option and almost all cases than having CPS find a foster family or temporary home for your child.
If this is an option for your family provide CPS information about potential hosts as soon as possible. CPS would need to perform a background search in criminal history reports on the potential hosts. That person’s home would be inspected, as well. Once the family has shown the ability to care for your child that is where he or she would reside during the CPS investigation. If no suitable placement from your group of family or friends is available, then CPS will place your child in a foster home.
Outcomes of a CPS investigation
CPS seeks to conclude investigations as quickly as possible. At their conclusion a caseworker what issue certain findings regarding the report made of abuse or neglect against your child. These findings range from a reason to believe finding to a ruled-out finding. Depending on the amount of evidence available as well as the participation of your family CPS may be unable to complete an investigation. Finally, evidence may arise which allows the agency to administratively close the investigation.
In short, risk assessments and findings are made because of the investigation. CPS aims to complete its investigations within 45 days of a report being made. If the case is closed, then no further interaction with CPS is necessary. However, the case could be transferred to a family-based safety services program or a conservatorship unit. This occurs when additional work with CPS is needed. Or, if it is determined that your child needs to be removed from your house for a prolonged period.
CPS provides written findings of their investigation to you, or any other person alleged or designated as a perpetrator. This is to say that there are a lot of moving pieces associated with a CPS case. Being uninformed during a CPS case is not a good position to be in. Having assistance and guidance during the case is essential. The attorneys with the Law Office of Bryan Fagan continue to share interesting and insightful content about the world of Texas family law.
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. Interested in learning more about how your family is impacted by the material in this blog post? Contact us today.
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.
