Representation for Parents in a Texas CPS case

Child Protective Services (CPS) cases are some of the most emotionally charged and high-stakes family law matters. With outcomes that can permanently alter the course of a child’s life, including the potential for reuniting children with their parents or terminating parental rights, the importance of CPS lawyer representation cannot be overstated. Parents involved in CPS cases must fully understand their rights and responsibilities within the process. Having knowledgeable legal counsel ensures informed decision-making, allowing parents to navigate these complex proceedings and effectively protect their families.

Why CPS Gets Involved

CPS does not open cases randomly. The agency investigates families only when someone reports suspected abuse or neglect. Texas law requires anyone who believes a child is being abused or neglected to report it. This includes teachers, medical professionals, and even ordinary citizens. Reports can be made through:

• The CPS Hotline: Individuals can call and speak with a caseworker.
• The Online Reporting System: Reports can be submitted on a state-monitored website.

While all reports are kept confidential, not every report leads to an investigation. CPS assesses the validity and urgency of each claim before taking action.

Types of Abuse or Neglect Investigated by CPS

Texas law recognises several types of abuse and neglect that CPS investigates:

1. Physical Abuse: Injuries caused by non-accidental actions.
2. Sexual Abuse: Exploitation or inappropriate contact.
3. Emotional Abuse: Behaviour causing long-term emotional harm.
4. Medical Neglect: Failure to provide necessary medical care.
5. Physical Neglect: Not providing basic needs such as food or shelter.
6. Neglectful Supervision: Leaving a child unsupervised in unsafe situations.
7. Abandonment: Deserting a child without adequate care.
8. Refusal to Accept Parental Responsibility: Not caring for a child after being legally obligated to do so.

Once CPS categorises the allegations, they assign a priority level to the report.

• Priority 1: CPS must respond within 24 hours. This level applies to immediate threats to a child’s health, safety, or life.
• Priority 2: CPS has up to 72 hours to respond. These reports involve concerns that are serious but less urgent.

The Role of CPS Caseworkers

CPS caseworkers carry the responsibility of investigating allegations while keeping children’s best interests at heart. Their role involves:

• Conducting interviews with parents, children, and witnesses.
• Visiting homes to assess safety.
• Collecting evidence to determine whether abuse or neglect occurred.

The job is far from easy. Caseworkers often encounter families at their most difficult moments. Although their role may feel intrusive, they aim to ensure children are safe and supported.

What Happens During a CPS Investigation?

When CPS contacts you, it means someone has made a report regarding your child’s well-being. This process typically unfolds as follows:

1. Initial Contact: CPS caseworkers will attempt to visit your home or contact you within the required response time.
2. Interviews and Home Inspections: The caseworker will ask questions about your child’s health, safety, and daily life. They may inspect your living conditions.
3. Safety Assessment: If CPS believes a child is in immediate danger, they may remove the child temporarily.
4. Finding Determination: After completing their investigation, CPS will decide if abuse or neglect occurred. This can lead to:
   • Case closure with no findings.
   • Providing family-based services to address minor concerns.
   • Court involvement if serious issues are identified.

Why Legal Representation Matters

When CPS opens an investigation, parents may feel overwhelmed and unsure of their rights. An experienced family law attorney can guide you through the process, ensuring you understand each step and protect your family’s best interests.

When to Contact an Attorney

Parents often hesitate to seek legal help, especially during difficult situations. However, CPS cases are unique and require immediate action. You should consider speaking with an attorney if:

• CPS contacts you about an investigation.
• Your child has been removed from your home.
• You face the risk of losing parental rights.

A family law attorney can help you:

• Communicate effectively with CPS caseworkers.
• Understand your rights during interviews and home visits.
• Develop a plan to address CPS concerns and reunite with your child.

Court-Appointed vs. Private Attorneys

While Texas provides court-appointed attorneys for qualifying parents, private legal representation often leads to better outcomes. Court-appointed lawyers handle many cases at once, limiting the time and attention they can dedicate to each family. In contrast, a private attorney focuses on your specific situation, offering tailored advice and support.

Misconceptions About CPS Cases

Many parents misunderstand CPS investigations, leading to confusion and stress. Here are some common misconceptions:

• “CPS only investigates bad parents”: CPS investigates families when someone suspects abuse or neglect, not based on personal opinions about parenting.
• “CPS wants to take children away”: CPS prioritizes keeping families together whenever possible. Removing a child is a last resort.
• “Reports to CPS are always accurate”: Some reports lack evidence or are made in error. CPS must investigate all claims, but not all investigations lead to findings.

Preparing for a CPS Investigation

If CPS contacts you, stay calm and take the following steps:

1. Cooperate, but Know Your Rights: You are not obligated to answer every question or allow entry without a court order. Consult with an attorney before making statements.
2. Document Everything: Keep records of your interactions with CPS, including names, dates, and times.
3. Be Transparent: Provide necessary information about your family’s situation, but avoid exaggeration or defensiveness.
4. Focus on Your Child’s Well-Being: Address any safety concerns CPS identifies. This shows a willingness to cooperate and make improvements.

How CPS Cases Conclude

CPS cases may end in several ways, depending on the investigation findings:

• Case Closure: If CPS determines no abuse or neglect occurred, the case closes with no further action.
• Family-Based Services: CPS may recommend services like parenting classes or counseling to address minor concerns.
• Court Intervention: If CPS finds evidence of abuse or neglect, they may involve the court to protect the child. This could include temporary custody arrangements or supervised visitation.
• Parental Termination: In severe cases, the court may terminate parental rights if reunification is not possible.

Final Thoughts: Protecting Your Family

CPS cases are emotionally challenging, but understanding the process can help you respond effectively. Parents must prioritize their child’s safety, cooperate with CPS, and seek legal guidance when necessary. An experienced attorney can provide the support and knowledge you need to protect your family and navigate this difficult time.

Contact the Law Office of Bryan Fagan

If CPS has reached out to you or you’re concerned about protecting your parental rights, the Law Office of Bryan Fagan is here to help. Our experienced attorneys offer free consultations six days a week, whether in person, over the phone, or via video. With CPS lawyer representation, we can guide you through the complexities of your case, helping you understand your options and take the necessary steps to safeguard your family. Don’t wait—contact us today for trusted legal advice and support.

Ebook

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Other Articles you may be interested in:

1. Should You Talk to CPS Without a Lawyer?
2. Can a lawyer help with CPS?
3. What Are Your Lawyer’s Responsibilities During Your CPS Case?
4. How to stand up for yourself during a Texas CPS case
5. How to prevent a second CPS investigation after your first concludes
6. Family Law Cases in Texas: The final stages of a CPS case
7. When can CPS remove your child from your home in Texas, and what can you do about it?
8. What to do if you no longer like your CPS service plan?
9. In what circumstances could your child end up living with your relative during a CPS case?
10. What can a CPS investigation into your family mean now and in the future?
11. What to do if CPS is investigating your spouse in Texas for abuse or neglect of your child?
12. 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.