Today’s blog post from the Law Office of Bryan Fagan addresses individuals with children involved in Child Protective Services (CPS) cases, particularly teenage parents or those incarcerated. Additionally, grandparents of children in CPS cases may find this information relevant. I’ve assisted numerous families advocating for incarcerated loved ones. Let’s explore how teenage parents can navigate their CPS case.
Being a teenage parent is tough; Being a teenage parent in a CPS case is tougher.
If you’re under 18, you could be in a CPS case as a child if you’ve suffered abuse or neglect. Or, as a parent, if someone reports you for mistreating or neglecting your child. Sometimes, you could be both a victim and a parent under CPS investigation.
Just because you are a teenager does not mean that you owe your child a lesser amount of care. Texas law applies equally to parents across the board- your income level, age, socioeconomic class, race, gender, etc. have no bearing on this discussion. Reporting to CPS for alleged child abuse or neglect could result in the termination of your parental rights. Therefore, you must understand your rights and know how to protect them as best as you can.
Being a teenager, you are eligible to receive special assistance from CPS. If you require assistance to complete high school, you may qualify to receive state aid in caring for your child while you attend classes. Another example of extra care that you can receive as a teenager would help directly from CPS in helping you navigate your life after you have completed your Service Plan. Basic life steps such as opening a bank account, getting your driver’s license, or finding child care for your son/daughter can be received with CPS’s assistance.
How to handle a CPS case as an incarcerated parent
It typically does not matter if you are incarcerated or not- your parental rights are the same as any other parent in Texas. However, the reality of the situation is that because you are behind bars, you cannot take part in all the activities of your child’s life as you otherwise would be able to. With that said, you are still legally entitled to receive information about your CPS case.
Court hearings, information about where and with whom your child is residing, and any available services, while you are incarcerated are examples of things that you have a right to take advantage of and be aware of while your CPS case is ongoing. If you have relatives who are fit to care for your child while he or she is involved in the CPS case, you have a right to share those persons’ names with your CPS caseworker. Finally, you should be able to request the names and phone numbers of your CPS caseworker and their supervisor. These people will be your points of contact, moving forward in your CPS case.
Depending on the facility’s location where you are staying, your child’s caseworker may be able to come by and meet with you in person to discuss the case. A major factor will be if your child lives close to where your facility is. Otherwise, you will likely receive the majority of updates about their case in the mail.
Does CPS have a right to take your child into their care just because you are in jail?
You need to be able to care for and supervise your child to keep him or her safe. There is no exception to this law if you are in prison. A court can terminate your parental rights if it is determined that your incarceration leaves your child without appropriate supervision or if the home your child is living in is not safe. Therefore, your incarceration alone can be grounds for terminating your parental rights due to neglect.
How to help out in your CPS case
It is not a good idea to believe that you cannot assist in your child’s CPS case because you are serving a prison sentence. You should make a list of every person in your life who is willing to care for your child if he or she needs to be removed from their current home. Your lawyer can provide this list to CPS. If you do not have a lawyer, that information should be provided directly to a CPS caseworker. If you do not provide this list to CPS, then the odds that your child will need to reside in foster care for the CPS case’s duration increases.
Depending on your circumstances, you may be able to participate in the classes and programs offered to parents in your child’s case. Parenting courses, drug/alcohol treatment, job training, counseling sessions, and things of this nature are commonly offered to parents involved in CPS cases. If you can leave the prison for short periods, these programs will be available to you.
It is your responsibility to stay up to date with your child and their case. Any letters that are sent to you by CPS need to be read. If you cannot understand them, you should ask someone at the prison or a family member to explain to you their purpose. If you send out documents to CPS, you should keep copies for yourself. Finally, keep a calendar with important dates in the case for future reference.
The effect of your criminal charges on your CPS case
If you’re incarcerated due to CPS reports on your child, consult your attorney about legal implications. Services and statements to CPS can impact your criminal case. CPS and prosecuting attorneys often share information.
How often (if at all) will you be able to see your child during the case?
CPS will likely be in a position where they will be entrusted with your child’s well-being during the CPS case. That person will play the central role in determining how many contacts you will have with your child. It could be that the reason you find yourself in prison is that you abused your child. In such cases, contacting your child is less likely if you’ve caused recent harm. However, incarceration alone isn’t grounds for visitation denial.
You might have various options to see your child, like in-person visits or communication depending on facility rules. Writing letters, phone calls, or video chats could also be allowed by CPS caseworkers. Participating in parenting courses offered by CPS can improve visitation chances. These courses are intended to improve your parenting skills and focus on conflict management and things of that nature.
Classes typically run during the week, and maintaining good behavior is mandatory throughout your case and incarceration. You can talk to the people in your facility about what other programs may be available to help you.
What ability will you have to attend court hearings in your CPS case?
This is the question that I receive the most from relatives of parents who are incarcerated. Obviously, your ability to make it to court daily is not as strong as a person who is not incarcerated. Your ability to attend these hearings will depend in large part on what Texas county you reside in. In certain counties, a judge may issue a warrant for your transfer from jail or prison to the courthouse for a hearing. If you have an attorney, you need to let him or her know if you want to attend the hearing. My suggestion would be that you should try to attend court as frequently as possible.
What happens if there is domestic violence in the home?
Your children can be removed from your home by CPS, even if they have not been physically harmed by domestic violence. Domestic violence is a safety concern. Suppose you have unfortunately been put into a position where you have been the victim of domestic violence. You are not in a position to protect your children when you are being abused. Besides physical abuse, children witnessing domestic violence face heightened risks of emotional abuse. Some try to protect parents, resulting in harm.
It is a sad position to be in. However, if you choose not to leave your abusive partner, your parental rights can be terminated. That person needs to be removed from your home. Failing to remove the person from your home may signal to CPS that you’re unwilling to protect your children.
Seeking refuge in a domestic violence shelter doesn’t automatically involve CPS unless abuse or neglect is reported concerning your child. Seeking shelter outside of your home and in a safe place is a responsible decision.
If CPS gets involved after seeking shelter in a domestic violence facility, they won’t reveal your location to your spouse or partner. If you are worried that your abusive spouse will become aware of where you live, you should speak to CPS about that.
Conclusion
It’s imperative for incarcerated and teenage parents involved in CPS cases to understand their rights and responsibilities. By actively participating in the process, seeking support from legal professionals and relevant resources, and prioritizing the well-being of their child, teenage parents can navigate the challenges of the CPS system with confidence and resilience. Remember, you’re not alone. There are resources available to help you through this difficult time as a teenage parent in a CPS case.
What can happen if you are not able to care for your child?
In tomorrow’s blog post from the Law Office of Bryan Fagan, we will discuss what can happen if you find yourself in circumstances where you cannot care for your child. In the meantime, if you have any questions about the material that we covered today, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultations six days a week. These consultations are a great opportunity to ask questions and receive feedback on your circumstances. We take a great deal of pride in serving our community and appreciate the time you shared with us today.
Ebook
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Other Articles you may be interested in:
- The Office of the Attorney General and Their Relationship to Noncustodial Parents
- Exploring Parental Absents and Its Consequences on Custody in Texas
- Pros and Cons of Shared Custody: Implications for Parents and Children
- How to stand up for yourself during a Texas CPS case
- How to prevent a second CPS investigation after your first concludes
- Family Law Cases in Texas: The final stages of a CPS case
- When can CPS remove your child from your home in Texas and what can you do about it?
- 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?
- What to do if your spouse is being investigated by CPS in Texas for abuse or neglect of your child?
- Can CPS photograph your house and request your child’s medical records in Texas?
Law Office of Bryan Fagan, PLLC | Houston, Texas CPS Defense Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding CPS, it’s important to speak with one of our Houston, TX CPS defense Lawyers right away to protect your rights.
Our CPS defense lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
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.
