As family law attorneys, we handle a lot of matters concerning Texas Child Protective Services (CPS) and the Texas Department of Family and Protective Services (DFPS) answer many more of our clients’ questions about what these agencies can and cannot do.
CPS is a division of DFPS, with the responsibility to protect minors from abuse and neglect. Although CPS has some rights to intervene in a parent-child relationship, parents have rights too, and there are certain actions these agencies cannot take without violating parental rights.
That said, if you’re facing an investigation from CPS or if you’re going through a child custody dispute and are concerned that the child’s other parent may use CPS against you, it’s time to talk to an experienced Frisco family lawyer.
Child Protective Services in Texas
Texas law mandates that CPS investigate child welfare reports and take necessary actions to ensure the safety and well-being of minors. To facilitate this, CPS works closely with law enforcement and Texas family courts to assist in interventions if children are in danger or to prevent harm.
These investigations are conducted by CPS case workers, who may be tasked with assessing the child’s living environment, offering support services to families in crisis, and making official recommendations to the court about steps to take to serve the child’s best interests.
What to know about CPS investigations
First, CPS caseworkers have specific authority to investigate legitimate claims of child endangerment, neglect, or abuse. Caseworkers also have the authority to take specific action to investigate the complaint.
A CPS investigation can include:
- Interviewing the child, parents, and other relevant parties, including neighbors, friends’ parents, teachers, and other family members
- Requesting a medical evaluation or psychological evaluation to determine if a child is being neglected or abused
- Visiting the child’s home to ensure it’s safe, the conditions are livable, and the child is in a secure environment
- Obtaining the child’s medical and school records, and if the child has been involved with law enforcement, their juvenile records to gather evidence
CPS has broad authority, but it’s important to note that caseworkers cannot violate your constitutional rights or those of your child. Your protections under federal law supersede CPS’s authority. Securing legal representation as soon as you’re notified of a potential CPS investigation is critical to ensure that your rights and those of your family are properly protected.
Know your rights regarding CPS investigations
You have certain protections under federal law:
- CPS cannot enter your home without a court order or without your consent
- CPS may ask questions, but you have the right to remain silent
- You have the right to legal representation at every point in the CPS investigation
- Your child cannot be removed from your home without a court order
- You have the right to contest CPS actions in court
- CPS cannot deny you visitation with your child without a court order
CPS must treat all families fairly and objectively. You retain your federal protection from discrimination in CPS actions, just as you do with any legal action. Contact an attorney if your civil or federal rights have been violated.
How to assert your parental rights during a CPS investigation
Although you have certain constitutional rights that must be respected by CPS caseworkers, in practice, there is a right way and a wrong way to assert them. We understand it’s overwhelming and stressful if you’ve been served with a CPS notification, especially when you don’t think anything is wrong. However, what you do during the investigation can have a profound effect on the outcome.
First, follow your lawyer’s advice at each phase of the investigation. Our tips cannot replace your personalized advice and are not intended to.
- Cooperate with the investigators, yet still assert your rights. If CPS does not have a court order for any actions, you are within your rights to ask to speak with your lawyer before allowing them in your home
- Keep your own records. Document all conversations, including the date, time, and who you spoke with them
- Comply with all court orders. Failure to comply with a court order could lead to contempt of court charges and possibly jail
- Participate in all court-ordered programs and plans; failure to do so could land you in trouble with the judge
- Finally, call a lawyer. Be honest with your attorney so they have all the necessary information to help your situation best.
Expert guidance through CPS investigations in North Texas
At Albin Oldner Law, we’ve successfully helped hundreds of North Texas families like yours navigate a CPS investigation. We’re here to protect your rights, your family, and your child. Please contact us at (214) 423-5100 for more information about what CPS can and cannot do in Texas.
