Child Protective Services (CPS) in Texas has significant authority to investigate and respond to allegations of child abuse or neglect. They can remove a child from your home if they believe it’s necessary. CPS operates 24/7 hotlines for confidential reporting of such allegations, and certain professionals, like doctors, lawyers, teachers, and police officers, have a legal obligation to report abuse or neglect when they discover it. If your child is the subject of a report, your local CPS office will initiate an investigation. Hence, it’s crucial to contact family law attorneys such as lawyers from The Law Office of Bryan Fagan.
When CPS begins an investigation, what’s your role as a parent?
Once a CPS caseworker receives an assignment, they will likely contact you to schedule interviews. They will also contact anyone else relevant to or knowledgeable about the alleged abuse or neglect. While cooperating with CPS and being open may seem like the best approach, it’s often not advisable. Anything you say can be used against you, potentially resulting in the removal of your child. It’s usually best to hire an attorney experienced in CPS investigations at this stage.
If the investigator gathers information supporting the allegations, they will remove your child from your home. CPS’s first choice is placing the child with a family member or your spouse. To secure conservatorship over your child, CPS will prepare an affidavit outlining your case’s circumstances and present it to a judge. The judge will review the allegations and decide whether to issue an order allowing CPS to remove your child.
After this, your child will be placed with a family member or foster family. A hearing will occur within 14 days, where you and CPS present evidence about whether abuse or neglect occurred. If you can’t prove there was none, more “permanency hearings” will follow, and your child will stay in CPS custody for an extended period.
Does your child need to attend a CPS hearing?
The Texas Family Code requires your child’s presence at such hearings. If your child is over four and the judge deems it in their best interest, they’ll consider your child’s opinion on their permanent placement, depending on their age.
However, Texas doesn’t strictly enforce this rule. Judges often decide on a case-by-case basis whether your child should attend. In practice, many children don’t attend permanency hearings.
What’s achieved by having your child at a permanency hearing?
The most crucial aspect of your child attending a hearing is that their wishes about their future home will be known to the judge. Their perspective could be vital for an informed decision.
When a child is in DFPS custody, most updates come from caseworkers and State employees, but the turnover is high. Attending hearings can help your child learn about their situation.
Contact the Law Office of Bryan Fagan, PLLC
If your child is involved in a CPS case, don’t wait. Get in touch immediately with the Law Office of Bryan Fagan, PLLC. Our attorneys have experience with CPS cases in southeast Texas, and we’re available six days a week to answer your questions and discuss your case.
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- Family Law Cases in Texas: The final stages of a CPS case
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- What to do if you no longer like your CPS service plan?
- In what circumstances could your child end up living with your relative during a CPS case?
- What can a CPS investigation into your family mean now and in the future?
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- Can CPS photograph your house and request your child’s medical records in Texas?
- Child Protective Services Investigation- What to expect and how to handle the situation, Part 2
- Child Protective Services: Investigation Essentials for Texas Families
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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.
