Picture this scenario. You are about to leave the house for work one morning. The kids just got on the school bus. Your husband has already left for work. Just as you are about to lock the door you see a car stop in front of your home. Out walks a person that you do not recognize. She approaches your door and knocks. Showing a CPS badge that looks quite official she asks if she can enter. Startled, you allow her entry into your home.
Once she enters, she looks around and introduces herself. She is a case investigator with the Texas Department of Family and Protective Services. In other words, she works for Child Protective Services. Child Protective Services investigates alleged acts of abuse or neglect of children. She was informed that a report was made against you for abuse or neglect of your children. This comes as a shock to you. Nothing out of the ordinary has happened to your family in the past several days.
You ask her for more information. She lets you know that additional information can be obtained from her office. For now, she wants to interview you, your husband, and your children. All of this is starting to feel like a situation spiraling out of control. Do you have any rights in this circumstance? What can you do to protect yourself and your children? Stick around as the Law Office of Bryan Fagan introduced the topic of Child Protective Services removing your children from the home.
How does Child Protective Services become aware of abuse or neglect of children?
It is not as if Child Protective Services has an employee standing on every street corner. As a result, CPS must obtain information about abuse or neglect of children from other sources. The agency offers a phone number where people can anonymously report instances of abuse and neglect of children. Those reports are then sent to investigators who work in that area of this state. This is where individuals can come out and talk to you at your home.
Frequently, Child Protective Services is in the news for less than flattering reasons. Much of the time, Child Protective Services is in the news for investigations that have gone sideways or otherwise have been negative for one reason or another. Parent advocacy groups oftentimes will voice concerns with Child Protective Services because of the apparent authority that CPS has related to their investigations. Mainly, there is a widely held opinion that CPS has too much authority To impact the lives of Texas families during their investigations.
On the other hand, the agency seeks to protect children from harm. On its face, this is a difficult goal to second guess. Without considering any additional information, most people would say that this is a worthwhile goal. As it pertains to your situation, we need to figure out whether your child may be removed from your home by Child Protective Services. Answering this question will give you peace of mind and help you develop a plan for your specific case.
Abuse and neglect of children may be a cause of CPS removal from your home
When Child Protective Services begins to investigate your family there are several factors to consider. The first is understanding what abuse and neglect are definitional. Abuse refers to physical, sexual, or emotional harm that is perpetrated upon your child. Evidence of abuse may be in the form of bruising, scars, or other physical issues. Additionally, documentary proof of medical records may also be sought. All of this is done to substantiate any allegations made of abuse or neglect.
Neglect refers to placing your child into or failing to remove your child from a circumstance where it is foreseeable that harm may occur. Leaving your child home alone when he is only three years old may be neglect. Additionally, allowing your child to play in the backyard unattended with the family dog could be neglect if that dog has a history of being aggressive with the child. Even if no harm comes to the child neglect finding may still be made. In essence, these neglect findings could have more to do with the situation and a lack of judgment than anything else.
Do you have questions about the definitions of abuse or neglect? Have you been contacted recently by Child Protective Services? If so, then please reach out to the Law Office of Bryan Fagan. Our attorneys know how to serve parents who have been contacted by Child Protective Services. In a time like this, it is best to move forward with the plan than to remain stuck with no plan in place. This is especially true if the removal of your child from the home is an option.
Substance abuse as a reason why your child may be removed from your home
Unfortunately, substance abuse can be an issue in your case. The substances can range from legal intoxicants like alcohol to illegal street drugs. Reports may have gone into CPS that you have neglected your child due to being mentally altered because of abusing a substance. In some situations, parents will leave alcohol, drugs, or other paraphernalia on counters or tables within reach of the children. This presents ample opportunity for a child to be harmed.
When substance abuse is occurring in the home this is a leading indicator of why your child may be removed. Parents who are mentally altered on a substance lack the decision-making capability to parent. As you attempt to work through any addiction issues that you have it needs to be determined whether your child can remain in the home safely. Child Protective Services will meet with you to talk about the specific nature of these substance abuse problems. Depending on their severity your child may be able to remain in the home.
One way to increase the likelihood of your child remaining in the home is to seek assistance from counseling or therapy. Proof of attending these kinds of meetings can show the court that you take seriously the responsibility to care for your child. Undoubtedly, when you have a hearing with a judge the judge will inquire about your willingness to attend therapy. If you are already attending therapy that provides you a real advantage as you attempt to gain solid footing in your CPS removal case
Safety problems in the home as a reason to remove your child
A key factor in the possible removal of your child from the home could be whether your home is safe for your child to live in. What ends up happening sometimes is that your home may develop problems in various areas over time. Creaky steps that ultimately start to break down. A drafty window in your child’s bedroom that constantly lets in the cold or heat. Or you may allow a person in your home who is unrelated and abusing drugs.
Sometimes these are issues that can be fixed relatively quickly. A broken staircase is something that can be fixed with supplies from a hardware store. On the other hand, some fixes may be more long-term. When it comes to asking someone living with you to leave the home that may also take some time. Like any household change or repair it just takes the right mindset and a concerted effort to alleviate a problem in the home. When there is a risk of CPS removal of your children from the home then time is of the essence.
Mental health issues as a reason for CPS to remove your child from the home
What about mental health issues that impact a CPS case? The reason why an allegation of abuse or neglect may have come into CPS is related to your mental health. If your mental health truly is suffering, then you may have limitations surrounding your ability to parent. Much like when it comes to drug or alcohol abuse, when your ability to determine right or wrong is impacted you cannot parent up to your normal abilities. As a result, this is when you can find yourself staring down a CPS case.
A mental health case within a CPS investigation provides you with several challenges. If you truly are facing a mental health crisis then your ability to seek help is essential. If your child is removed from your home then it would be critical that you seek counseling or therapy. You may have stopped taking medications that were previously helping you deal with a mental health challenge. Consider seeing your doctor and discussing getting back on these medicines.
Mental health challenges are not easy to discuss for many people. Simply put, they are personal challenges that are sometimes embarrassing to admit to. With that said, you need to be able to guide yourself with confidence in a CPS case for the benefit of your children. Admitting that you have a problem and then seeking help are the first steps you can take. Working with an experienced family law attorney with the Law Office of Bryan Fagan is another way to help regain custody of your children in a CPS case.
Parental incarceration as a reason why your children may be removed from the home
Another reason why your child may be removed from your home has to do with you becoming incarcerated. Serving time in prison means consequences for your child. For example, suppose that you are convicted of a crime and must serve up to one year in prison. This means that you will not be able to provide any day-to-day care for your child. A court would seek to determine whether you have a support system in place that could adequately care for your children in your absence.
If the answer to that question is, no, and there are no caregivers to look out for your children then CPS may intervene. CPS may ask a court to take temporary custody of your child when you are behind bars. Even after you are released there may be a period where CPS removes and seeks to maintain custody of your children. This would allow you to get your feet back underneath you and find work. A suitable place to live is another factor that a CPS removal court would look at.
Having a plan and support system is important when you are facing criminal charges. Depending upon the length of time that you are set to serve it may be a tremendous responsibility placed on the shoulders of a relative. Even still, you must seek out help from your extended family. These folks may be able to help your child remain out of CPS custody. At the very least, a relative can provide temporary care even if CPS obtains decision-making authority.
Is it guaranteed that CPS will remove your https://www.bryanfagan.com/blog/2024/april/can-cps-remove-your-child-without-a-court-order-in-texas/child from your home?
Let’s go back to the example that we were discussing at the outset of today’s blog post. When a CPS investigator comes into your home that means you need to have a plan. Of course, if the investigation catches you by surprise, it is unlikely that you will have anything close to a plan in place. Instead, the investigator may find you willing to agree to anything just to get them out of your life. While this is an understandable position to take it is not going to be helpful for your family avoid removal.
Now is the time to learn as much as you can about your CPS case. For instance, it is not a given that CPS will remove your child from your home. It is certainly not a given that CPS will remove your child from your home immediately. Only if CPS has evidence that your child is in immediate danger can they remove your child from your home. Even then, CPS must schedule a hearing to maintain your child in their custody. You would have an opportunity to voice your opposition to this arrangement.
As you can tell, there is quite a bit at stake in a CPS removal case. There is no guarantee that your child will be removed from your home during an investigation. However, the possibility that it may happen tells you how high the stakes are. Do not agree to anything with a CPS caseworker until you know the stakes and the law. From there you can make better decisions for yourself and your child.
Should you even participate in a CPS case where your child may be removed from your home?
This is an important question to ask yourself. Your instinct may be to not answer the door and pretend like the investigation is not happening. Think about when you were a kid. When something adverse was happening in your life that you did not like to think about what would you do? Many of us would close our eyes, ignore the situation, and hope it went away. That instinct is understandable, but it is not advisable. Instead, it is time for you to be able to take control of the situation.
This may not mean participating in the investigation. Before you make any decisions when it comes to a family law case you should reach out to an attorney. From there, you may learn more about whether participating in your situation is advisable or not. In many situations, it is advisable to participate in a CPS case. The thinking here is that it is better to have a say so in the process rather than to leave the entire ordeal to chance.
Before speaking to CPS, you need to understand what it is like to be investigated. You may have a limited understanding of the case. CPS could be withholding information or otherwise not being especially clear with you. For that reason, working with an experienced family law attorney is important. Specifically, having the advice and perspective of an attorney who has served others in CPS removal cases is of special importance.
Final thoughts on CPS cases and child removal
It is not easy to find yourself involved in a CPS removal case. Much of the time a CPS removal case comes out of the blue and to the surprise of a parent. With that said, even if you did not bring the CPS removal case upon yourself you need to be prepared to move forward and defend yourself. This begins with having a plan. Wandering into a CPS removal case is not out of the ordinary for a parent. However, wandering out of them with your child at home could be a struggle.
Contact the Law Office of Bryan Fagan today if you have any questions about your case. Our attorneys serve their clients and families with a great deal of pride. We can help you understand the law pertaining to CPS cases as well as how your case can impact your family moving forward.
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.
