Who Do You Represent In CPS Cases In Texas?
Parents, children, relatives, and foster parents
What Are Some Of The Catalysts Of A CPS Investigation?
Reports of abuse or neglect that can include reports from medical providers, family members, school personnel, etc. Drug use around the children, unexplained injuries, lack of medical care, or poor attendance at school are all reasons a CPS investigation may be started.
What Is The Process CPS And Law Enforcement Follow When Investigating Parents Or Guardians Of Minor Children In Texas?
Both the Texas Family Code and the CPS policies handbook set out detailed guidelines for investigating an allegation of abuse or neglect. It is important to understand your rights as a parent or caregiver during an investigation to protect both yourself and your children. An attorney knowledgeable in the intricacies of the Texas policies and laws is key to navigating a convoluted process. CPS investigations can include a wide range of possibilities from case closure, to offering a family services, to even removing children from their home. Knowing the potential risks and outcomes is important to protecting your family.
Will CPS Or Law Enforcement Automatically Remove Children From A Home Before A Full Investigation Is Complete?
No. CPS and law enforcement are bound by the laws of the state and cannot remove children from families without meeting the legal requirements. Contrary to what many people believe, it is a long process to remove children from a home, and no CPS worker I’ve ever met chooses to do so when it isn’t warranted. But, there are many times a removal is necessary to protect the child, and in those instances, yes, CPS with the assistance of law enforcement may take a child into custody.
If Children Are Removed From A Home Who Takes Guardianship?
If children are removed from their parents or a caregiver, and the court system is involved, then CPS is named the child’s managing conservator. This means – in simple terms – the state agency steps in to act as a parent. Fortunately, the law also provides that parents maintain some rights as a possessory conservator of the child, allowing for visitation and communication with the child or children. Only a court can legally restrict a parent’s right to have access to their child.
Can I Get My Children Back While The Case Is Ongoing?
Absolutely. This process is usually referred to as a monitored return. It gives a parent the option to demonstrate to the parties involved in the case that they can again parent the child or children and utilize the skills and resources learned during the pendency of the case.
What Information And Evidence Is Necessary To Share With My Attorney In A CPS case?
You want to be sure that you are sharing everything about your family with your attorney. This can range from potential family members to care for your children to honesty about your actions and choices that may have put your children in care. You have to be honest about domestic violence, drug use, sexual abuse, criminal history, and potential neglect in your home with your attorney. Only with all the facts, can your attorney get a CPS service plan that will tailor to your family’s specific goals and get your children quickly back in your care.
How Do You Prepare Your Clients For The Investigation And Questioning By CPS And Law Enforcement?
I will spend time with the parent understanding what potentially got CPS involved to begin with and where there may be potential issues from CPS’ perspective. We will have to discuss history, family dynamics, drug use, and relationships, so that there are no unknowns when CPS or law enforcement comes to interview you. Additionally, we will be mindful of any potential criminal liability to insure that your rights are protected at all times.
For more information on Representing Parents In Texas CPS Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 964-1122 today.