Why is Child Protective Services (CPS) interested in talking to you and your family? Anyone may contact CPS about an alleged act of abuse or neglect. This means that a visit from CPS is right around the corner, potentially. Parenting children is difficult. Every parent, no matter how skilled or patient, would agree with that statement. We know that each parent is prone to having moments that they are not proud of. Times where we lose the patience we ordinarily would have. Or a situation where we don’t pay as much attention to a situation as we ought to.
These are situations where the likelihood of CPS contact increases dramatically. No parent wants to find themselves facing down a CPS case. However, if that is what you are going through right now then take a deep breath. You have options to assist you at this time. The attorneys with the Law Office of Bryan Fagan work with families like yours throughout the state of Texas. We know what it takes to help families like yours in CPS cases. Should you talk to CPS during their investigation? Stay tuned for our answer.
Beginning a CPS investigation
When CPS initiates an investigation is it usually after a person has made an anonymous report to the agency about potential incident(s) of abuse or neglect of your child. These are situations where someone observed what appeared to be abuse or neglect of your child. Certainly, most people are not legal scholars on the issue of abuse or neglect of children. However, people are out there who witness events or think they witness events that involve abuse or neglect of children. When that happens, a call to CPS is made.
CPS will then initiate an investigation into the alleged acts of abuse or neglect. This involves a CPS caseworker or investigator contacting the parent of the child. Minding your own business and then being contacted by a CPS caseworker is a disheartening situation. Many people think they see something as far as abuse or neglect that truly did not happen. On the other hand, there may have been something to attract the person’s attention. In any event, when CPS comes to your home it is worth paying attention to.
What does CPS do during their investigation?
CPS will likely first attempt to contact you about the report made to them about the abuse or neglect of your children. However, their investigations extend beyond talking to you and your co-parent. Collecting information is the main part of an investigation regarding the abuse or neglect of a child. It is without a doubt that CPS tries to gather sources and information to make a better decision in your case. The more information collected, the better equipped CPS will be to make decisions regarding your case.
Whether you choose to talk with CPS or not, ultimately the agency will still be able to collect information about your child. First, expect that CPS will reach out to doctors, teachers, or anyone else who has contact with your child. Neighbors or even people who do not know your child well may be contacted. In other words, expect that the people who know your child best will be contacted about your child’s well-being.
Next, once CPS attempts to contact you they will also attempt to try and enter your home. This is a major reason why you may not want to speak to CPS. CPS may not enter your home without your permission, search warrant, or court order. The first time a CPS caseworker makes contact with you or your co-parent it is unlikely he or she will have an order or warrant. Therefore entering your home would not be an option until you give permission for him or her to do so.
A CPS visit to your home
CPS home visits are quite common during an investigation. A review of your home takes place to allow the CPS caseworker to gain more information about your family. Of course, this begins with a request to enter the home. It is your choice whether to allow the caseworker access to the home and your family within. Think about what the caseworker may see before granting access. Do not feel pressured to allow the caseworker to access the first time she asks.
Think about the daily needs of your child and whether the CPS caseworker will see something that draws attention to that subject. For one, the caseworker will be looking for signs of a lack of hygiene, food, water, clothing, and things of this nature. If you have no food in the house then this is a sign that your child may be neglected. Medicine on the counters, drug paraphernalia, and weapons are things to store safely in the home.
Finally, bear in mind that the safety of the home itself also matters in this situation. Are there any physical defects in your home? Loose steps that may cause a child to fall? A lack of heat or air in the extreme times of the year? What about no running water or a pest infestation? These are things that many people do not think about when encountering a home visit from CPS. However, it is in your best interests and that of your child to keep the house not only clean but structurally sound.
What are your rights in a CPS case?
Understanding your rights in a CPS case means being able to effectively advocate for yourself and your child. Nobody wants to be in a situation where you are being investigated by CPS. There is a certain amount of stress involved in this type of case. Being stressed out and doing nothing about the situation you find yourself in are not good places to be. Rather, finding out that you have rights and how to use them is the place you need to find yourself in.
Keeping your child safe is your goal and that of CPS. Bear this in mind as you withstand an investigation. At the end of the day, your goals are the same as CPS. You want the same things as they do. It may not feel like that at times but it is the truth. Working with CPS in some cases serves your child. There are instances where answering questions from CPS is enough for them to end an investigation. These are not all extended investigations. However, being able to discern the two types of situations from one another is difficult. How can you gain confidence when speaking to CPS?
Working with experienced CPS defense attorneys with the Law Office of Bryan Fagan is one way. We equip families like yours with the tools you need to better prepare yourself for a CPS case. It is reasonable to have doubts about how to proceed in a CPS case. So many factors to consider. Hanging over all your decision-making is the reality that your child may be removed from your home. With so much at stake, working with an experienced family law attorney is the way to go. Contact the Law Office of Bryan Fagan today for a free-of-charge consultation.
Will CPS force you to talk to them?
CPS does not force anyone to talk to them during their investigation. Again, CPS is collecting information during their investigations. A CPS caseworker will tell you about the nature of the report made to them when you first come into contact with them. Thur here is a fine line when it comes to sharing information with CPS. On the one hand, you want to be honest with them about your life and your circumstances. Sometimes CPS can provide you with assistance geared towards helping you and your family. On the other hand, sharing information can also lead to misunderstandings between you and CPS.
What may happen after CPS encounters you?
Depending upon the situation, CPS may ask you for any people with whom your child can stay. These are usually relatives in the area who have a suitable place for your child to temporarily live. Collecting names and other information for these people is reasonable. That way you can provide CPS with their information if your child needs to be removed from your home.
You can expect CPS to talk with your child, or at least to attempt to talk with your child. An interview may take place at your home, your child’s school, or a relative’s house. The sort of interview conducted will depend on the age of your child. Older children are better able to speak to what may or may not have occurred. Younger children are less prepared to speak with any accuracy about what may have happened. Whether your child feels safe in your home is another common question to ask.
Before speaking to your child, CPS must ask you for permission to do so. This permission may not prevent CPS from ever speaking to your child, however. First, if your child is at school or a relative’s home another adult may consent to CPS speaking to your child. Second, CPS may obtain a court order that grants them temporary managing conservatorship over your child. At that point, CPS would be able to speak to your child about the incident(s) which led to his or her removal.
Creating a safety plan
As part of your CPS investigation, you may be asked to create a safety plan with your CPS caseworker. This safety plan helps your child stay at home while you work on fixing any issues that may have led to the CPS investigation. Following the plan means thinking hard about what is included. You and your CPS investigator must agree to every provision and protection in the plan. From there, you need to follow the steps in the plan. Keeping the investigator updated with your progress and questions is also essential.
Family-Based Safety Services
On top of adhering to a Safety Plan, CPS often makes available Family Based Safety Services (FBSS). FBSS involves helping you gain access to a range of resources geared towards helping you learn how to keep your child safe. These resources may involve you attending counseling, attending parenting classes, or helping you with childcare.
Keeping in contact with CPS
CPS investigators are difficult to remain in contact with much of the time. When CPS needs something from you they are fast to contact you. However, when you need to contact them it is much more difficult to get a hold of them. This puts you in a position where you need to make sure you know how to reach them. Asking for your investigator and their supervisor’s phone numbers is one way to ensure that you can remain in contact with CPS. Make sure that you share all your contact numbers with CPS, as well.
Can the police enter into a CPS investigation?
Law enforcement is informed of every CPS investigation which is initiated. This does not mean that law enforcement becomes involved in every CPS case which is made known to them. The police investigate situations where they believe a crime may have been committed. When allegations of abuse or neglect of your child are extreme enough then law enforcement may initiate its investigation into matters.
Just like you are under no obligation to speak to a CPS caseworker, you are also not obligated to speak to law enforcement. Likewise, you do not have to allow law enforcement to enter your home. CPS sometimes requests that a law enforcement officer escort them to meet with you. Or, law enforcement may arrive at your home independently of CPS. In either situation, you do not need to allow the officer into your home unless he or she has a warrant to perform a search.
The attorneys with the Law Office of Bryan Fagan handle both family and criminal matters. A benefit that our lawyers possess is that we are experienced in understanding the nuances of both criminal and family law. CPS defense cases are emotional and highly challenging. Working with one of our attorneys on your case provides you with a level of expertise that you will not find in other attorneys.
What can you do to keep your child safe?
At the end of the day, the CPS case hinges on your ability to keep your child safe. This means that you can take steps to improve your chances of keeping your child at home by learning methods geared towards keeping them safe. Work with CPS on the creation of a safety plan. This safety plan is the basis for completing the CPS case process. It may also help you to learn more about the resources available to you in your area. All of us can use some help from time to time when it comes to our parenting.
The people in your life may be a great help to you, as well. Many of us have friends and family in the area who can provide us with assistance. Leaning on those in our support network during trying times is part of why we form relationships. There will be times when you need to be able to work, go to meetings, and perform other actions during the investigation. As a result, it is useful to lean on people in your life to help you accomplish what you need to.
Another key to this CPS case is being able to account for the people who live in your home. Sometimes the people who stay in your home pose threats to your children. This is a key to understanding why you may have CPS become a part of your life. Taking steps to secure your own is often the key to having your child returned home and CPS removed from your life. This is not always easy but it may become an essential part of your safety plan with CPS.
Final thoughts on CPS investigations
There is no doubt that a CPS investigation is not something that you want to be a part of. It is normal to want to do everything possible to avoid having to commit yourself to one of these investigations. Trying to act like the investigation is not going usually does not lead to much success, however. Rather, taking the steps necessary to address the safety of your child is a much better route to take.
The attorneys with the Law Office of Bryan Fagan are here to help you. We know what it takes to wrap up a CPS investigation while ensuring your child is safe. Your family is your top priority to you. The Law Office of Bryan Fagan is committed to walking alongside our clients during difficult periods like a CPS investigation. Thank you for choosing to spend part of your day with us here on our blog.
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.
