Your life was probably pretty predictable before Child Protective Services became involved in an investigation regarding your child. You woke up, got ready for work, got your child ready for school, and resumed the process the following day. Maybe there were a few bumps in the road during the middle of it, but basically, life is proceeding much like your neighbors and friends.
Now that CPS has inserted itself into your life, you no longer know what to expect. For one, your home has been opened up to all sorts of people you would prefer not to be aware of what is happening between you, your spouse, and your child. Those folks are making all sorts of recommendations to you, and from what you can tell, they may want to take your child and place him with another family or, at best, a relative of yours. To top it all off, this is all due to a phone call made by some anonymous person to CPS over a complete misunderstanding involving your child.
Whatever the circumstances surrounding your CPS investigation, understand that the investigation will only be for a relatively short amount of time. Did you know that when your child is removed from your home, a trial must be held within one year from that date? The trial will determine the permanent solution for your child in terms of where he is going to live. The judge, CPS, and you will be working to put forth the best case to determine where the best living situation for your child would be.
CPS Files a Lawsuit, and the Court Process Begins
To maintain a temporary conservatorship over your child, CPS will need to file a lawsuit in a family law court to justify taking your child into their custody. This means that their attorney will appear alongside your CPS investigator to present evidence that will attempt to justify their position and removal of your child. You have the same ability to present evidence as to why it is inappropriate for CPS to keep temporary custody of your child.bvgg
The judge will question all parties involved to understand better what has happened and what is actually in your child’s best interests based on the circumstances at play. Where your child is staying (with a family member or in foster care), what steps you are already taking to ensure a safe home for your child, and the help that CPS is offering you will all be relevant to discuss.
Attend Every Hearing- And Bring a Lawyer
Even though you are the child’s parent at the center of the investigation and court process, you must arrive early to every hearing. These hearings can and will start without you, despite your role as the parent. Take a step back and understand that while your child is the most critical person in the world to you, a judge, and the other folks involved in the case, that is not true. To them, your child and you are a number in a long list of numbers that need to get dealt with that day. If your hearing can be sped over because you are not there, they will happily do so. Don’t let them do that to you and your child.
What happens in a CPS permanency hearing
Hire an attorney if you can, or ask a judge to appoint one if you cannot afford it. What you don’t know can hurt you, and not knowing a particular aspect of family law does not excuse you from failing to do something meaningful in your case. Each scheduled hearing in your case accomplishes a different task. The judge writes an order detailing her expectations for all parties involved. These are not suggestions; they are orders you must comply with. Speak to your attorney after every hearing to ensure you understand what is expected of you.
Once your child enters foster care or the home of a relative, you will attend a hearing within fourteen days of your child’s removal. This hearing, known as a “show cause” hearing, requires you and your attorney to show the judge why the removal of your child was not justified. The judge listens to CPS and their attorney regarding why the removal was justified. The judge can dismiss the CPS petition to remove your child on an ongoing basis if CPS does not offer enough evidence to justify it.
When the CPS Has Offered Enough Evidence to Justify Their Removal of Your Child
When CPS offers enough evidence to justify the removal of your child, the judge names CPS as the Temporary Managing Conservator of your child. This means they will continue to exercise temporary custody of your child. You do not lose your parental rights, but you will have to defer to CPS in many areas of raising your child.
The hearing will also determine where your child will reside, any child support you must pay, and a visitation schedule that applies to you. Unfortunately, if you have a substance abuse issue, the judge will likely order counseling and testing, affecting how often and to what extent you can exercise visitation with your child.
Your failure to abide by the judge’s order could mean that CPS will use those violations to attempt to terminate your parental rights. This does not happen frequently, but in situations where you flagrantly violate a court order, it certainly can happen. Speak to your attorney before doing anything that could be construed as a violation of the court order.
Permanency Placement Meetings
You will likely be attending multiple permanency placement hearings at a local CPS office when you are not in court. These meetings involve you and all of the other parties to your case discussing where your child will be living during the case and what is in your child’s best interests for a post-investigation home.
You will create a service plan with CPS, and the team will review your progress in these permanency placement meetings.
The team will discuss the ultimate goal of finding a permanent home for your child in detail during these meetings. You will share your opinion on the matter, as will the other parties in your case. For most parents, CPS will aim to reunite their child with them in their home, bearing in mind that they need to live up to the terms of the service plan. If your child cannot return to your home, a relative or foster care will need to provide a longer-term living arrangement.
If you need to update CPS on the service plan and whether or not any aspects of that plan are not going well, these meetings would be the time to do it. Please speak to your lawyer about these issues and have him or she discuss them with the CPS representatives at the meeting.
The Law Office of Bryan Fagan
The court process associated with a CPS case is critical. In the meantime, if you have any questions, please contact our office today. A free-of-charge consultation with one of our licensed family law attorneys is only a phone call away.
Other Related Articles:
- Status and Permanency Hearings in a Child Protective Services Case
- What Is Contained in a Permanency Plan Progress Report for a Texas CPS Case?
- Navigating the Emotional Minefield: The Psychological Impact of Parental Rights Termination in Texas
- The Process of Deregistering as a Sex Offender
- Child Abuse in Texas: What Is the Process Like in a Child Protective Services Case?
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
