CPS Investigation – A Complete Guide To What CPS Can And Cannot Do In Texas

As family law attorneys, we handle many matters involving Texas Child Protective Services (CPS) and the Texas Department of Family and Protective Services (DFPS), allowing us to answer many of our clients’ questions about what these agencies can and cannot do.

CPS is a division of DFPS, with the responsibility to protect minors from abuse and neglect. Although CPS has some rights to intervene in a parent-child relationship, parents have rights too, and there are certain actions these agencies cannot take without violating parental rights.

That said, if you’re facing an investigation from CPS or if you’re going through a child custody dispute and are concerned that the child’s other parent may use CPS against you, it’s time to talk to an experienced Collin County family lawyer.

Child Protective Services (CPS) in Texas

Texas law mandates that CPS investigate child welfare reports and take necessary actions to ensure the safety and well-being of minors. To facilitate this, CPS works closely with law enforcement and Texas family courts to assist in interventions if children are in danger or to prevent harm.

Each investigation is handled by an assigned CPS caseworker. Their job goes beyond fact-finding they assess the child’s home environment, refer families in crisis to available support services, and file formal recommendations with the court about what should happen next in the child’s best interests.

What to Know About CPS Investigations

First, CPS caseworkers have specific authority to investigate legitimate claims of child endangerment, neglect, or abuse. Caseworkers also have the authority to take specific action to investigate the complaint.

A CPS investigation can include:

• Interviewing the child, parents, and other relevant parties, including neighbors, friends’ parents, teachers, and other family members
• Requesting a medical evaluation or psychological evaluation to determine if a child is being neglected or abused
• Visiting the child’s home to ensure it’s safe, the conditions are livable, and the child is in a secure environment
• Obtaining the child’s medical and school records, and if the child has been involved with law enforcement, their juvenile records to gather evidence

CPS has broad investigative authority, but that authority has limits. A caseworker cannot override your constitutional protections or your child’s. Because CPS is a state agency, its actions are constrained by the Fourth and Fourteenth Amendments, which is why parents retain rights during an investigation that a caseworker cannot ask them to waive. Getting an attorney involved as soon as you learn of a potential investigation is the most reliable way to keep those protections intact.

Know your rights regarding CPS investigations

You have certain protections under federal law:

• CPS cannot enter your home without a court order or without your consent
• CPS may ask questions, but you have the right to remain silent
• You have the right to legal representation at every point in the CPS investigation
• Your child cannot be removed from your home without a court order
• You have the right to contest CPS actions in court
• CPS cannot deny you visitation with your child without a court order

CPS must treat all families fairly and objectively. You retain your federal protection from discrimination in CPS actions, just as you do with any legal action. Contact an attorney if your civil or federal rights have been violated.

How to assert your parental rights during a CPS investigation

Having constitutional rights and asserting them effectively are two different things. There’s a right way and a wrong way to invoke them during a CPS investigation, and the difference matters. Being served with a CPS notification is overwhelming, more so when you’re confident nothing is wrong in your home. But how you handle the investigation from that first contact forward can shape the outcome as much as the underlying facts do.

First, follow your lawyer’s advice at each phase of the investigation. Our tips cannot replace your personalized advice and are not intended to.

Cooperate with the investigators, yet still assert your rights. If CPS does not have a court order for any actions, you are within your rights to ask to speak with your lawyer before allowing them in your home

Keep your own records. Document all conversations, including the date, time, and who you spoke with them

• Comply with all court orders. Failure to comply with a court order could lead to contempt of court charges and possibly jail
• Participate in all court-ordered programs and plans; failure to do so could land you in trouble with the judge
• Finally, call a lawyer. If you’re unsure whether your situation warrants it yet, this overview of when to see a family lawyer is a useful starting point. Be
  honest with your attorney so they have all the necessary information.

Expert guidance through CPS investigations in North Texas

If CPS has already opened a case on your family, our step-by-step guide on how to get a CPS case closed covers what actually moves an investigation toward
resolution. At Lawyers Corner, we’ve successfully helped hundreds of Texas families like yours navigate a CPS investigation. We’re here to protect your rights, your family, and your child. Please contact us at (800) 403-7755 for more information about what CPS can and cannot do in Texas.