As parents, we often take for granted the rights and responsibilities we have for our children. But when Child Protective Services (CPS) becomes involved, those rights and responsibilities can be put in jeopardy. The CPS Defense attorneys at Nick Davis Law in Fort Bend | Harris County, understand the frustration and sadness that can come with CPS investigations. It can be a daunting experience to have other people come into your child’s life and dictate how it is led. If you find yourself caught up in a CPS investigation or removal proceeding, you need to consult with an experienced CPS Defense Lawyer immediately before you do or say anything else. Often times the things that are said and done when an investigation starts are those elements that give CPS the ability to twist and turn facts to support further involvement or removal proceedings.
Why Are You Being Investigated by CPS?
CPS is a part of the Texas Department of Family and Protective Services and is tasked with “protecting” the children of the state of Texas. The agency provides a toll-free hotline and website for individuals to quickly call if they have information about a child’s potential abuse or neglect. This of course makes it very easy for any anonymous tipster to make a report whether they are doing it in good faith or not. Often times the reports are made by those closest to you or that have the most frequent interactions with your children such as family members, ex spouses, friends, neighbors, teachers, doctors, counselors, and etc. Some professionals are required by law to make such reports. However, many of the reports we see start by overly concerned/meddling family members and friends.
It is important to understand that CPS is obligated to investigate every single allegation of abuse or neglect that is made to them. However, this does not mean that a full-fledged investigation will occur in every case. If there is any indication that abuse or neglect has occurred, you may receive a visit from a CPS caseworker.
During the investigation, CPS may come to your home and they will try to speak with you directly about the purpose of their visit and what is being alleged. It is important to remember that you do not have to open your door to speak to a CPS caseworker and you do not have to allow the caseworker access to your child when they are at your house. However, if your child is at school and you are not there, a caseworker does not need your permission to interview your child at their school. Additionally, the school is not required to inform you that an interview has taken place on school grounds.
Make no mistake about it, every CPS allegation/investigation is quasi-criminal in nature. At anypoint this investigation could not only lead to the removal of your childre, but also the filing of criminal charges such as “Endangerment of a Child” “Injury to a Child” “Assault Family Violence” and other more serious criminal charges. Don’t take these investigations lightly and don’t kid yourself into thinking you can easily ignore the issue or talk your way out of it. CPS investigators unfortunately seem to find abuse wherever the decide to look which is why in many of the CPS Defense cases that the CPS Defense Lawyers at Nick Davis Law take on in Texas, they quickly discover that facts and allegations have been twisted, exaggerated, distorted and, in some cases, outright falsified. It is important to remember that you have the right to defend yourself and your family during a CPS investigation. The attorneys at Nick Davis Law can provide legal guidance and representation to ensure that your rights and responsibilities as a parent are protected. We understand the complexities and emotional toll that CPS investigations can have on families and are here to help navigate this difficult process.
Do not let CPS dictate how you raise and care for your child. Stand up for your rights as a parent and let the CPS Defense attorneys at Nick Davis Law in Fort Bend | Harris County help protect your family’s future.
How Can I Minimize the Chances of a CPS Removal?
The thought of losing control of your children due to an anonymous tip made to CPS is a daunting and terrifying prospect. The idea that your child could be taken into temporary care by CPS, whether through a court order or emergency circumstances, is a genuine concern that must be addressed and it is a real possibility anytime a CPS investigation is initiated. However, it is important to remember that you have the power to take action and avoid or greatly reduce the chances of this outcome. The first thing you should do though, if you find yourself in a CPS investigation within Fort Bend, Harris or Surrounding Texas Counties is to remain calm and contact an experienced CPS Defense Lawyer immediately. It is crucial to understand that just because a lawyer practices Family Law or Criminal Defense, that doesn’t mean they automatically understand how to defend against CPS. In fact, many of our clients find the CPS Defense Lawyers at Nick Davis Law only after they have used a family law attorney with little CPS experience and their case had been severally damaged because of that. So, before you do anything, find the CPS Defense Lawyer you are comfortable with before making any decisions about dealing with CPS.
Options in Dealing with CPS
In any CPS Investigation, our CPS Defense Lawyers at Nick Davis Law, always let our clients know that they have 3 options in dealing with CPS:
1) Cooperate Fully & Do Whatever CPS Asks. Cooperation to some extent helps reduce the risk of a removal, but the extent to which you cooperate can have consequences. We almost never would recommend cooperating fully and doing whatever CPS requests. The reason for this is because CPS turns in to that character from the book, “If you Give a Mouse a Cookie,” because they are often never satisfied and will continue to request more and more services, information, tests, or classes. We often get parents that contact us after feeling like they have had to keep jumping for CPS and they just can’t do it anymore. Typically CPS will ask for interviews, drug tests, medical releases (so they can get medical and psychological records from everyone), contact with the schools. The problem with cooperating fully is that it gives CPS more and more information and interactions from which they can gather more information which can then be twisted. Or, it will wear you down until you feel you have to break the safety plan with CPS which they will then use as a reason to say the child is in risk and seek a removal.
The only real benefit to choosing this option is that it reduces the risk of an immediate removal, and if you are truly confident there is nothing for CPS to find or exaggerate, then it could result in a quick “Ruled Out” finding in your case.
2) Cooperate with Push Back. This is often the best option and is most effectively accomplished when you have an experienced CPS Defense Attorney to doing the pushing on CPS. Essentially, it entails reasonable cooperation wherein you will engage in very limited communications with CPS (usually only speaking through your attorney) and provide only the necessary information or tests necessary to address the actual allegations. For instance, if the allegation is about a discipline incident where CPS alleges you spanked or disciplined your child in a manner that wasn’t reasonable, why would that require you to take a drug test, or execute medical releases for yourself or undergo an extensive pyschological evaluation. This is where your CPS Defense attorney can push back on CPS investigators who are overreaching and trying to engage in a “fishing expedition” for any evidence of abuse. When you are willing to reasonably cooperate it removes CPS’ argument that the child is in immediate danger and therefore reduces the risk of removal. Pushing back on CPS is easier said than done, especially if you do not have an attorney. So, do yourself a tremendous favor, and retain an experienced CPS Defense Lawyer immediately.
3) Refuse to Cooperate. While this option certainly reduces the facts and evidence that CPS can obtain, it is the riskiest option and dares the department to try and take the child from you or to seek other forms of court intervention to force you to cooperate. This option should be used only when the allegation itself has little to no supporting evidence and doesn’t by itself illustrate the child is in immediate danger. For example: you were reported for suspected emotional abuse because someone claims you were cussing around your child. In this example, it seems like you should still want an attorney to help smooth this one over but if you simply told the investigator that you weren’t going to speak with them, and that they couldn’t come in your house, the investigator with this type of fact, absent something more, would have a very hard time getting a judge to execute a removal order. But, you had better be confident that you want to take that risk and that there isn’t any other evidence that CPS could obtain from school or any collateral sources or witnesses that could further question your parenting. If you have had prior CPS involvement, refusing to cooperate altogether may not be a wise option either depending upon how the previous case resolved.
Understanding the Legal Implications of Child Removal
When CPS decides to remove your child from your home due to safety concerns, it can be a daunting and overwhelming experience. But it’s important to remember that this doesn’t have to be the end of the road for you and your family.
The legal process begins with a Suit Affecting the Parent-Child Relationship (SAPCR) being filed in the county where you and your child reside. This is done in order to obtain an emergency order that allows your child to be removed from your home. The order is typically issued after a hearing between CPS’s attorney and a juvenile/county/district court judge, where the attorney presents evidence to justify the removal and continued custody with CPS. All of this must occur almost immediately once the child is removed from your home.
However, you do have the opportunity to fight back. Within fourteen days of your child being removed, a hearing must be held where the burden is on the state to allow them to continue as the temporary managing conservator of your child. This is your chance to present evidence to the judge on why your child should either remain in CPS custody or be returned home to you. This is also the best chance you have to end the CPS removal case quickly.
But it’s important to remember that you don’t have to wait for a hearing to take action. By working with CPS and hiring an experienced family law attorney with a background in working with those affected by CPS investigations, you can help reduce the risks of you and your child being separated. Your CPS Defense attorney can help prepare you for interviews and interactions with CPS and can also help identify and remove any future risks to your child.
While a CPS case can be difficult, it doesn’t have to be devastating. With the support and guidance of an experienced CPS Defense attorney, you can navigate the legal process and work towards the best outcome for you and your family.
If you have any questions about CPS cases and family law in Texas, don’t hesitate to reach out to Nick Davis Law in Katy, TX, Fort Bend | Harris County. We offer free consultations with a licensed family law attorney six days a week, so you can get the support and guidance you need to take control of your situation and protect your family.