CPS Cases in Texas

What is CPS, and what do they do? 

CPS (Child Protective Services) is a government agency responsible for investigating reports of child abuse or neglect.  In Texas they are also called the Department of Family Protective services (DFPS). They assess child safety, provide family support services, and, in extreme cases, remove children from unsafe environments. 

What happens when CPS receives a report? 

When CPS receives a report, they assess whether the allegations meet the criteria for investigation. If so, a caseworker is assigned to gather information, interview involved parties, and determine the child's safety. 

Can CPS take my child without evidence? 

CPS must have reasonable cause to believe that a child is in immediate danger to remove them from a home. In most cases, they need a court order unless there is an emergency situation. 

Do I have to let CPS into my home? 

You are not legally required to let CPS into your home unless they have a court order or a warrant. However, refusal may raise concerns and impact their investigation. 

What rights do parents have in a CPS case? 

Parents have the right to: 

• Know the allegations against them. 

• Decline to speak with CPS without an attorney. 

• Have legal representation. 

• Attend all court hearings. 

• Work on a reunification plan if their child is removed. 

Can I refuse to answer CPS questions? 

Yes, you have the right to remain silent or consult an attorney before answering any questions. However, cooperating in a cautious manner may help resolve the case more efficiently. 

Can CPS talk to my child without my permission? 

Yes, CPS can interview your child without your permission, especially if they suspect abuse or neglect. They often conduct interviews at school or in a neutral setting. 

Can CPS drug test me? 

CPS can request a drug test, but you are not legally required to comply unless ordered by a court. Refusing, however, may be used against you in their investigation. 

How can I get my child back from CPS custody? 

Reunification usually involves: 

• Completing court-ordered services (such as parenting classes or counseling). 

• Proving that your home is safe. 

• Following CPS and court recommendations. 

• Attending all hearings and meetings. 

Can CPS close my case without taking action? 

Yes, if CPS finds no evidence of abuse or neglect, they may close the case without further action. You should receive documentation confirming this. 

What is the difference between a court-ordered services case and a removal case? 

A court-ordered services case means the court requires parents to complete specific services (like parenting classes or substance abuse treatment) while the child remains under their parent’s conservatorship, in their home or with a relative. In contrast, a removal case occurs when CPS removes the child from their home due to safety concerns, becoming the Temporary Managing conservator of the child, and the court determines whether the child can be returned after conditions are met. 

What happens if I don’t follow a CPS service plan? 

Failing to complete a CPS service plan may result in extended CPS involvement, additional court orders, or even termination of parental rights in severe cases. 

Do I have the right to a court-appointed attorney in a CPS case? 

Yes, in most CPS cases, parents (or those with conservatorship rights to the child), have the right to a court-appointed attorney if they cannot afford one, especially in cases where CPS is seeking to remove the child or terminate parental rights. You may need to request one from the judge and demonstrate financial need. Having an attorney can help you understand your rights, navigate court proceedings, and advocate for the best possible outcome in your case. 

Which counties does LDG, PLLC practice in?  

LDG, Pllc represents those with conservatorship rights and retained privately throughout all of Travis County and its bordering counties. We also appear as court-appointed counsel for parents and children in Bell, Caldwell, Guadalupe, and Travis counties.  

Can I request an LDG, Pllc attorney if I face a CPS case in Bell, Caldwell, Guadalupe, or Travis County?  

Unless retained privately, you cannot specifically request a LDG, Pllc Attorney in Bell, Caldwell, Guadalupe, or Travis Counties.