Child Protection Cases in Texas

Introduction: The Role of Child Protective Services (CPS)

In Texas, Child Protective Services (CPS) is a division of the Texas Department of Family and Protective Services (DFPS) responsible for investigating reports of child abuse and neglect. Established under the Texas Family Code, Chapter 261, CPS plays a critical role in safeguarding children and ensuring their well-being.

CPS cases often begin with a report of suspected abuse or neglect. If you’re involved in such a case, understanding the process, your rights, and the legal framework can make a significant difference in the outcome.

How CPS Responds to Abuse and Neglect Reports

When CPS receives a report of suspected child abuse or neglect, they begin an initial investigation. Key steps include:

1. Notification for Removal:
   • If evidence supports the claim of abuse or neglect, CPS may issue a document called Notification for Removal, stating the reasons for removing the child from the home.
2. Initial Investigation:
   • CPS investigates the claims and assesses whether the child can safely remain at home with services or must be placed in temporary DFPS custody.
3. Court Petition and Hearings:
   • If a child is removed, CPS files a petition with the court, and parents (referred to as respondents) are served with this documentation. The petition outlines the allegations and the reasons for removal.

Your Rights as a Parent in a CPS Case

Being involved in a CPS case can be overwhelming, but you have legal rights, including:

• The right to legal representation: Consulting a Family Law attorney experienced in CPS cases is crucial.
• The right to understand the petition and challenge its contents.
• The right to participate in hearings and present evidence to contest CPS’s findings.

Court-Appointed Advocates in CPS Cases

To ensure the child’s best interests are represented, the court may appoint:

1. Attorney Ad Litem (AAL):
   • A lawyer who represents the child’s interests, separate from the parents or CPS.
2. Court Appointed Special Advocate (CASA):
   • A trained volunteer who investigates the case, interviews all parties, and provides the court with a detailed report on their findings.

These advocates play a critical role in influencing the court’s decisions regarding custody and care.

Mediation and Conflict Resolution

In some cases, the court may order mediation to resolve disputes. Mediation involves:

• The respondent (parent) and their attorney.
• CPS representatives and their attorney.
• The AAL and, if applicable, the CASA.
• A neutral mediator who facilitates discussions to find solutions.

Mediation aims to create a plan that addresses concerns while minimizing the need for prolonged litigation.

The CPS Case Process: Stages and Hearings

A typical CPS case progresses through eight stages:

1. Emergency Hearing:
   • Held shortly after the child’s removal to determine if CPS acted appropriately.
2. Adversary Hearing (Show Cause):
   • CPS must prove there is a continuing danger to the child to justify continued removal.
3. Initial Permanency Planning Team (PPT) Meeting:
   • The first meeting to outline goals for the child’s care and the family’s path to reunification or other permanency options.
4. Status Hearing:
   • Held to review the progress of the case and the family’s compliance with court orders.
5. Initial Permanency Hearing:
   • Focuses on long-term plans for the child, including reunification or alternative placement.
6. Additional PPT Meetings:
   • Ongoing meetings to assess progress and adjust plans as needed.
7. Permanency Hearing:
   • Reviews the child’s placement and the parents’ progress toward resolving the issues that led to the removal.
8. Final Hearing (Trial):
   • Determines the permanent resolution of the case, such as reunification, termination of parental rights, or adoption.

How an Experienced Attorney Can Help

A Family Law attorney with expertise in CPS cases can provide critical support by:

• Interpreting Legal Documents: Helping you understand the petition and evidence against you.
• Building Your Case: Gathering evidence, witnesses, and expert testimony to challenge CPS findings.
• Advocating for Your Rights: Representing you at hearings and ensuring the court hears your side of the story.
• Guiding Compliance: Advising you on how to meet court-ordered requirements, such as parenting classes or therapy.

Protecting Your Family’s Future

CPS cases can have life-altering consequences. Taking proactive steps and seeking legal counsel early can significantly impact the outcome. By working closely with an experienced attorney, you can protect your rights as a parent and ensure the best possible future for your child.