Imagine the following situation. You are getting ready for work one day when you hear a knock at the door. Confused, you step out to the front of the house to take a look. The kids just got on the school bus so you know it can’t be them. When you walk to the front of your house you see an adult standing in the doorway. An unfamiliar car is parked in front of the house. You were not expecting any visitors at this time.
When you open the door an unsmiling and unfriendly person introduces themselves. She tells you that she works for Child Protective Services. Not wanting to be rude you invite her inside your home. From there, she discloses basic information about a report that was made to their agency regarding potential abuse or neglect of your child. At this point, your head is spinning. This is news to you, and you find yourself asking her as many questions as she is asking you.
Is that she asks to speak with other adults who know your children. All sorts of questions are being asked about potentially interviewing your children, as well. This all seems very sudden to you. Does she have a right to do any of the things she’s asking? What are your options? You already feel like you said things that may be taken the wrong way. Still, you press forward not wanting to seem like you are being uncooperative with CPS or their investigator.
A bad feeling that you’ve made a mistake
Eventually, the woman leaves her home. She hands you her business card in case you have any questions. Additionally, she gives you a pamphlet with an overview of the CPS case process. For someone like you who has never gone through a CPS case before the pamphlet provides a basic amount of information. It contains a rundown of your rights in a CPS investigation. However, it does not answer all your questions. The CPS caseworker was not rude by any means, but she also gave vague, general answers to all of your questions.
You start to do some research online and see that removal of your child from the home is a possibility in some CPS cases. Now you are worried. Was it a mistake to allow this case worker into your home? In today’s blog post from the Law Office of Bryan Fagan we are going to discuss missteps in a CPS case. Specifically: what you can do if you believe that you’ve made a mistake in a CPS case? Today’s blog post will point out some common mistakes and what you can do to combat them.
At the end of today’s blog post if you have any questions about what you have read, please do not hesitate to reach out to the Law Office of Bryan Fagan. Our attorneys offer free of charge consultations six days a week where we can answer your questions. These consultations are free of charge and come with no strings attached. You come in with your questions and leave with information that is specific to your family and your circumstances.
Talking with an experienced family law attorney as soon as possible
So, you think you made a mistake at some point in the CPS case process. It could be at the very beginning as in the hypothetical situation we just laid out. Or you may be deep into a CPS investigation and believe that you have made a mistake. First, take a deep breath and look around. There is no guarantee that you have made a mistake. With pressure on you during a CPS investigation every move you make is scrutinized. The last thing you want to do is see some sort of legal trouble come for you or your children.
We understand the concern over making mistakes in a CPS case. As experienced family law attorneys, the Law Office of Bryan Fagan has walked alongside many people in various family law situations. We have seen first-hand what a mistake looks like in a family law context. As a result, our attorneys are uniquely situated to be able to assist you. Whether you have said the wrong thing to CPS, failed to involve yourself sufficiently or anything in between our office is here to help.
However, an attorney can only help if you seek out their assistance. Rather than worrying about the mistake that you possibly have made it is time to reach out to an attorney. The sooner you reach out to an attorney, the better. Even if you have made a mistake, it does not pay to wait around and do nothing. Rather, once you seek out the advice of an attorney you can properly assess the situation and determine next steps. Mistakes in a CPS case do not have to be fatal. However, the longer you wait to address those mistakes the worse the situation generally becomes. That is how things work in life and typically how they work in a CPS case.
Reassess the situation
Talking to CPS is a double-edged sword. On the one hand, in most situations you do need to participate in the investigation. By failing to participate you allow CPS to gain a one sided and oftentimes incorrect view of the circumstances involving your family. That will inevitably lead to mistakes made in the case on their end. It is much easier to participate in the case fully and advocate for yourself. This is true even if mistakes are made at the beginning of a case. However, those mistakes can be mitigated when you have an attorney walking with you in the case from the very beginning.
In our hypothetical situation from earlier in the blog we discussed circumstances where you spoke to CPS without thinking through your statements. What if one of your statements ends up being incorrect? You may have told CPS about a particular incident that was either misremembered by you or exaggerated. It was not as if you intended to lie to CPS. However, the pressure of the situation led to you making statements that were not altogether factual. Now you are worried that you are less than accurate portrayal of the truth may be used against you.
Fortunately, there is almost always two sides to a story. What you view as a horrendous mistake may only be a temporary blip in the history of your case. Talk with an experienced family law attorney about how to defend yourself in a CPS context. You may find that there are multiple avenues to address the issue that has come up. For example, there may be witnesses that you were unaware of who can come forward and corroborate your side of the story. Or you may be able to seek out a supplemental interview with the CPS caseworker to better address the circumstances. All these outcomes are possible especially when you have consulted with an experienced family law attorney.
Cooperate fully with court orders
When it comes to correcting past mistakes in a CPS case it is critical that you follow court orders. Court orders are not suggestions. Rather, court orders are the law of your case. Whether you agree with the order or not it is critical that you follow those court orders. There are consequences to not following court orders. Additionally, not understanding a court order there’s no excuse for failing to follow it. Working with an experienced family law attorney can help you to better understand what the court orders require of you.
Additionally, in CPS cases there are often agreements negotiated between you and CPS. For example, if you agree to attend counseling or family based social services then you must do so. Not showing up for an appointment or failing to document something associated with an appointment means that you have violated your agreement. CPS enters into these types of agreements when they believe that you are capable of fixing a problem in your life. When you ignore a court order or CPS plan that also opens you up to liability.
When you meet with an experienced family law attorney you can bring in your court order or parenting plan through CPS. The attorney can help you to better understand what the order says. From there, if you have issues in your past with following the order there is no time like the present as far as trying to fix your mistakes. By correcting any errors and documenting the steps you have taken to remedy the issue you provide yourself a good opportunity to make amends within the case. The more readily you follow the court orders the more quickly your case can be resolved.
Clear communication
From the outset of a CPS case, the most likely mistake you have made has to do with communication regarding the investigation. CPS spends a fair amount of time in information gathering mode. This means that DCPS caseworker will take every opportunity to learn more about the situation involving your child. This includes asking you and any adult in your household questions. CPS will also ask for permission to interview your child. Your child’s teachers, doctors or any other adult relevant to the investigation may be interviewed.
Much of the time the CPS case worker will ask questions in a way that is either confusing or downright irritating. These are problems that you need to be able to effectively deal with when talking to CPS. You cannot help who is assigned to investigate your child’s situation. That person may be someone that irritates you or is slightly disrespectful. That much you cannot control. What you can control is the information you give and how it is communicated. I don’t know if you have made a mistake in how you address or talk to CPS then that is something you can remedy right now.
Begin by making a decision to always speak respectfully and patiently to CPS. It does your child no good for you to be upset or disrespectful towards the CPS caseworker. These may be normal human emotions and reactions to the situation, but they are not beneficial to you or your child. Instead, think carefully when speaking to CPS. Even if you know the answer to a question take a moment to consider your response. The more direct and honest you can be, the better. You can give short and concise answers to the CPS investigator.
Communicate improvements made in your life
During the CPS investigation, a caseworker will talk to you about goals for the case. Reunification with your child, if he or she is removed, is this typical goal. However, you must put forth some effort to further that goal. That includes taking steps to remedy issues in your life that were problematic. This may have to do with the safety of the home, your parenting skills or even who lives in the home. There are concrete steps that you can take to improve yourself in each of these areas. Much of the time CPS will work with you directly to make sure that you are able to follow a plan with them.
Even if you are not asked to do so, document the steps you are taking to fulfill your obligation under the parenting plan. For example, make sure you keep a journal of all the dates you attend a parenting class scheduled for you. Keep track of what you are learning and how they are benefiting you. This may seem tedious at first but keeping a journal of this information can help you to better communicate questions or concerns you have to CPS. It also shows that you are taking your responsibility to attend the classes is a high priority.
It can be relatively simple fixes to the home that could determine how long your case lasts. Many people who go through CPS cases find that small fixes to their home can end a CPS investigation. For example, if you have a broken railing on the staircase that caused your child to slip and fall then that may be something you should investigate fixing. It does not mean that you must hire an expensive contractor. What it does mean is that you should seek out any resources available to you in your area. Or begin to learn more about the fix yourself and determine if you can adequately take care of the problem yourself.
Do not dwell on past mistakes in the CPS case
Above all else, do not spend an inordinate amount of time worrying about the results of your case to this point. Every person has regrets in life. It doesn’t matter how you did in a specific situation. Each of us can look back on our lives and say that we wish we could have handled a particular circumstance differently. With that said, the CPS case is obviously a serious matter involving your children. It goes without saying that our tendency as parents is to want to do everything perfectly on behalf of our children. However, that is not practical and it’s unrealistic to expect.
As you consider your options in a CPS case, do not spend time worrying that could be better spent planning. There is always a path forward when it comes to correcting mistakes in a CPS case. The fix may not be easy and could take some time. However, developing a plan geared towards solving the problem is a more effective use of your time than worrying. In fact, there may be a relatively simple solution available to you. All it takes is creative thinking and developing a plan geared towards the best interests of your child.
There is an old proverb which tells us that the best time to plant a tree was 20 years ago. However, the second-best time to plant that tree is today. Basically, you can’t go back in time to correct an error or do something positive. However the best opportunity you have to do something is right now. Instead of kicking yourself over a mistake that cannot be undone it is time to do something proactive. In a time like this, working with an experienced family law attorney is the best opportunity you must make positive impressions during the CPS case.
Final thoughts on mistakes and CPS cases
Mistakes in a CPS case are part of the process. Not even the most successful parents to go through CPS cases do so without mistakes. However, if you have made a mistake, it is time to address those problems directly. Thank you for spending part of your day here on the blog for the Law Office of Bryan Fagan.
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.
