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Can I Appeal a CPS Substantiated Finding in Texas?

  • By: Christina Perrone, Esq.
Social worker talking to a child for appealing a CPS substantiated finding.

When Child Protective Services (CPS) makes a finding against a parent or caregiver, the consequences can be serious and long-lasting. In this article, we address…

  • What a substantiated CPS finding means under Texas law.
  • How to appeal a CPS substantiated finding, including deadlines and procedures.
  • The importance of experienced legal representation when confronting a CPS finding.

What Does A Substantiated CPS Finding Mean Under Texas Law?

In Texas, a CPS finding is referred to as a reason to believe finding. This means that after an investigation, Child Protective Investigations has determined there is reason to believe that abuse or neglect has occurred.

Can Parents Appeal A CPS Substantiated Finding In Texas Family Law Cases?

Yes. A determination letter from CPS will include instructions for filing an appeal of the finding, whether it is a reason to believe determination or another result of the investigation. It is important to remember that CPS decisions are not absolute. Individuals who are affected by a finding have the right to challenge it.

What Is The Deadline To Request A CPS Administrative Review Or Appeal?

The deadline depends on the type of finding you are seeking to appeal, but it generally ranges between 15 and 30 days. Because these timeframes are short, it is critical to review the determination letter carefully and act quickly to preserve your right to appeal.

Who Decides A CPS Appeal: An Administrative Law Judge Or CPS Official?

The first level of appeal is an Administrative Review of Investigation Findings (ARIF). An individual must complete the ARIF process before becoming eligible for a secondary review through the Office of Consumer Affairs (OCA).

A person requesting an OCA review must submit the request in writing. The OCA must receive that request within 45 calendar days from the date the designated perpetrator was notified of the decision in the ARIF.

What Type Of Legal Representation Is Recommended To Appeal A CPS Substantiated Finding?

It is highly recommended to have a knowledgeable attorney involved in both the ARIF and OCA review processes.

A substantiated finding can have far-reaching consequences, including impacts on:

  • Employment opportunities
  • Custody arrangements
  • Reputation within the community

Because CPS operates under a precautionary principle, errors and biases can sometimes lead to wrongful substantiations. Understanding how these decisions are made and working with an attorney who is well-versed in the process allows you to challenge them effectively and assert your legal rights during an appeal.

Still Have Questions? Ready To Get Started?

For more information on appealing a CPS substantiated finding in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 202-3911 today.