A CPS investigation involving your family can be a frustrating and difficult time. Being contacted by a CPS caseworker means that the agency is investigating regarding abuse or neglect of your child. As a result, it becomes important for you to learn how to interact with CPS during this time. Without a doubt, you want to do what is best for your child. However, when you have questions about how to behave it is normal to feel unsteady and unsure of yourself.
Today’s blog post from the Law Office of Bryan Fagan is designed with you in mind. We want to help you feel more confident as you engage with CPS. The CPS investigation does not need to be a riddle. Rather, CPS investigations tend to be confusing only to those who are not sufficiently prepared. Learning about the CPS process, understanding their investigations, and knowing better how to prepare your child makes a world of difference. That is what we are going to be focusing on in today’s blog post.
All this begins and ends with clear and upfront communication between you and CPS. Again, it is normal to have questions. Additionally, CPS often doesn’t make it easy to communicate with them. As a result, when you can interact with CPS and you do have questions it is important to be able to ask those questions. This guide will help you to more confidently approach the questions that you may have. This way you can receive better answers geared towards helping your child and yourself.
What is a CPS investigation?
CPS receives anonymous reports from the public regarding potential incidents of abuse or neglect of children. When a report is made CPS must perform due diligence and investigate further. CPS contacts you about a report received by them you should expect that the agency will begin to collect information about your family. When a CPS caseworker comes to your home, he or she will identify themselves with a government-issued badge. Before you speak to CPS or allow them to enter your home make sure to ask for identification.
First things first, you are under no obligation to speak to CPS about their investigation. This is one of the things that the Law Office of Bryan Fagan would most like to inform you of. However, eventually, it may be in your best interest to participate in the investigation and cooperate with the caseworker. CPS may also seek a court order to obtain statements from you, and your child or to enter your home. Additionally, under emergency circumstances, your CPS caseworker may call upon law enforcement to assist in entering your home. CPS may only enter your home without your consent, or a court order when they believe that there are emergency circumstances ongoing.
Initial steps in a CPS investigation
At the beginning of a CPS investigation, make sure to ask the caseworker for a copy of the report made to them. You have the right to understand what is being alleged. There are two types of allegations made in Texas that involve CPS. The first is abuse and the second is neglect. Abuse has to do with physical or sexual harm suffered by your child. Neglect has more to do with placing your child in or failing to remove your child from a potentially foreseeably dangerous situation. Understanding what is being alleged against you or another adult in the life of your child is crucial.
Working with a CPS defense attorney
A CPS case pushes parents like yourself to their breaking point in terms of patience and resolve. Simply put, it is not easy to go through a CPS case without help. During your parenting life, you may have been forced to parent your children without much assistance. As a result, it is not strange for you to try and shoulder all the heavy burden related to this investigation. However, a CPS case is not straightforward. Additionally, the agency is notoriously unhelpful when it comes to walking with parents who go through these investigations.
As a result, you should seek assistance as soon as possible. Children can be removed from their parents’ house because of the CPS investigation. You do not want to find yourself in a position where CPS has removed your child. At the very least, it can take a long time for your child to be returned home to you. To maintain the cohesiveness of your household keeping your child at home is important. Even if you can have your child returned home to you it can still take a long time for this to occur. Think about all the stress that you and your child undergo during this time apart.
The attorneys with the Law Office of Bryan Fagan understand what you are going through in a CPS case. We do our best to help parents just like you manage their CPS cases. More than that, we act as advocates for our clients throughout the CPS process. We know how to help you manage an investigation. Providing CPS with evidence and assisting you in hearings are two more parts of a CPS case. Finding credible help wherever you can provides you with a real advantage in your case.
What does a CPS investigation look like?
If you allow CPS to access your child, the agency will certainly attempt to talk to him or her. CPS must record the interview. The two most likely places for the interview to occur are at your home or your child’s school. Following the interview, within 24 hours CPS must contact you and explain their role and their responsibilities as a part of the investigation. The content of the report made to them including the allegations made should be explained to you. If your child has sustained injuries as a result of an incident, then you will be provided an opportunity to explain those injuries.
Expect that CPS will provide you with an opportunity to defend yourself. An explanation as to why an allegation was made is something that you prepare for. These statements made to CPS can provide context to the agency about why a report was made in the first place. What follows all of this is likely a visit to your home. CPS will ask for your permission to enter the home and to conduct a review of the home. This review involves the CPS caseworker walking through the common areas of the house. Common areas include the living room, hallways, and kitchen in front entryway. CPS would need to request additional consent from you to access your bedroom or your child’s bedroom.
Cooperating with a CPS investigation
Again, it is up to you to cooperate with CPS during their investigation. When you do not cooperate with CPS the agency will likely request a court order which allows the investigation to occur. If safety issues are found in the home, then CPS refers parents to different community services to help them alleviate those safety concerns. Examples of a service provided to you may be counseling, addiction treatment as well as parenting training. So long as you stay in contact with your CPS caseworker you can consistently take advantage of these training tools.
How long does a CPS investigation take?
Most CPS investigations conclude in less than two months. However, the more complex your situation is the longer you could take. Additionally, the more you communicate with CPS the shorter your case may be. The safety of your child is their first consideration. From there, CPS must answer the question of whether or not abuse or neglect has occurred. Additionally, the risk of future abuse or neglect is also ascertained during an investigation.
When the agency determines that your child is not safe it may also follow with a recommendation for various services. Your CPS caseworker makes decisions in tandem with their supervisor. Additionally, you are afforded opportunities to speak to the caseworker about the investigation as it is ongoing. This is more reason for you to be diligent about maintaining an open line of communication with your caseworker. Even if you have misgivings about the investigation and do not necessarily trust your caseworker. For that reason, working to maintain a civil relationship with the caseworker is important.
What happens in a family team meeting?
One thing that you need to maintain your confidence in is that you know what is best for your children. The state of Texas presumes this under the Texas Family Code. In addition, no one knows the circumstances of your child better than you do. With, there are times in a CPS case where your belief in your ability to parent me be questioned. However, it is important for you and your child that you’d be able to apply effectively for your child and yourself.
A family team meeting is a voluntary get-together between you, your immediate family, and the CPS caseworker. Additionally, people from your community such as your therapist, neighbors, extended family, or even friends may attend the meeting. In short, the people who go to this meeting with you will be encouraged to talk to the CPS caseworker and you about any safety issues in your home. This is a unique position to be in given that families sometimes struggle with being able to discuss sensitive topics like this together.
Whatever situation is discussed you should know that it is geared towards helping your family arrive at a point where steps can be taken to keep your child safe from harm. It is easy to become defensive in a circumstance like this. However, the families who get the most out of family team meetings tend to do so because they are honest with one another and have the best interests of the child in mind. Working with an experienced Texas family law attorney can help you prepare for these meetings. Many families who experience short CPS investigations do so because of the success achieved in family team meetings.
Safety plans in a Texas Child Protective Services case
When you agree to a safety plan with CPS it is completely voluntary. This means that you can change your mind and exit from the safety plan at whatever point you choose. Additionally, before agreeing to a safety plan you may choose to speak with an attorney. At no point should CPS make you feel coerced to sign the document. However, safety plans are often recommended by CPS so that you may work on various aspects of your life.
Supervised visitation is a common requirement of a safety plan. In a supervised visitation, you and your child would be able to visit with one another. However, that visit will be under the guidance and watchful eye of another adult. That adult may be an employee of CPS or an adult whose identity you provide to CPS in advance. Bear in mind that if you violate a safety plan then CPS may take additional steps including removal of your child from the home.
Speaking with an attorney before agreeing to a safety plan makes a lot of sense. For many families, a safety plan is a direct guidance from CPS on how to parent better. It is humbling to be told that you have things that you can work on as a parent. We like to think that we have the best interests of our child at heart in all our actions. In some situations, we see that parenting is more complex than that. We all make mistakes in parenting our children. Acknowledging those mistakes takes humility.
Could CPS remove your children from the home?
Above all else, the safety of your child’s home environment is what matters most to CPS. You can say that they are heartless, unfeeling, or any other negative words that you would like. Rather, CPS must do difficult work regarding hard decisions made on behalf of children. One of the more difficult decisions that CPS must reckon with is that of removing your child from your home. For parents going through a CPS case, this often ends up being one of the most difficult challenges you can face.
The removal of your child from your home is not a certainty. In fact, for many families, this is among the most unlikely scenarios you are likely to face in your case. Removal of your child from your home occurs primarily in situations where you do not participate in the investigation process. When CPS makes recommendations, it is up to you whether to listen or consider them. Even if you choose not to agree to a certain recommendation you can do so gracefully. For instance, you can help your situation by making sure that you communicate your concerns with CPS. This way the agency does not think that you have disregarded their perspective for no reason.
When you continue to put your child in a situation where he or she is in harm’s way, that is when removal becomes a possibility. Consider your options at this stage of a case. What can you do to show CPS that you are taking their investigation seriously? Do you need to be a better communicator? Should you show more patience and respect towards the caseworker? This does not mean that you must back down unnecessarily. However, it may mean that you need to change your tact.
Final thoughts on CPS assessments in Texas
The attorneys with the Law Office of Bryan Fagan understand that you have a lot to concern yourself with in a CPS case. That means that minimizing the opportunity for mistakes is even more important to you. With the risk of the removal of your child from your home hanging over your head. It makes sense to work with an experienced family law attorney.
When you hire an attorney with the Law Office of Bryan Fagan the first thing we do is sit down with you to go over your goals for the case. Our attorneys do not substitute our goals or priorities for your own. Rather, we take the time to sit with you and learn where you are coming from. From there, we also ask you to tell us about the specific details of your case. Your case is as unique as your family. Therefore, we do not make assumptions about the case. We seek out every opportunity we can to learn about you and your family.
Thank you for choosing to spend time with us today on our blog. The attorneys with the Law Office of Bryan Fagan are on your side. We post unique and informative content on our blog every day of the week. When you have questions about Texas family law, we hope that you choose to read more about it on our blog and website. From there, make a free-of-charge consultation with one of our licensed family law attorneys a reality for you and your loved ones.
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.
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.
