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How Should I Handle it if CPS Knocks on My Door?

 Posted on January 24, 2026 in Child Protective Services

Frisco family law lawyerOne of every parent or guardian’s worst nightmares has to be having their child taken away from them. When Child Protective Services shows up at your door, it can feel confusing and frightening. Your mind may race with questions about whether you need to let them in and what happens next. Understanding how you should react in 2026 can help you handle this situation in the best way possible.

If CPS comes to your home, our Collin County Child Protective Services defense attorneys can help you know what to do next. Whether CPS is investigating a report or following up on a case, having the right information protects both you and your children.

Why Is Texas CPS Knocking on My Door?

If CPS arrives at your home, it usually means someone has filed a report that a child in your house is being abused or neglected. In Texas, anyone can make a report to CPS, including teachers, doctors, neighbors, family members, and even strangers.

Not all reports lead to an investigation. If they do, they do, a caseworker will usually come to your home to talk with you and see your children. Under Texas Family Code Section 261.301, CPS is legally required to investigate certain types of reports. The caseworker's job is to figure out if the report is true and if your child is safe.

Common reasons CPS might investigate include:

  • Physical injuries that cannot be explained.

  • Signs of neglect like lack of food, unsafe living conditions, or poor child supervision.

  • Emotional harm or domestic violence.

  • Sexual abuse claims.

  • Drug or alcohol use that affects an adult’s ability to care for a child.

The fact that CPS is at your door does not automatically mean you did something wrong. False reports happen, and even well-meaning people can misunderstand a situation. What matters most is how you respond.

Do I Have to Let Texas CPS Into My Home?

You do not usually have to let CPS into your home without a court order or warrant. Refusing to let them in can complicate your situation, though. If you say no, CPS may return with a warrant or get emergency court approval to take your child away, which can be given if the court thinks a child is in immediate danger.

Your Options When CPS Arrives

You can:

  • Invite the caseworker inside and cooperate with their investigation.

  • Step outside and talk on your porch or in your yard without allowing them into your home.

  • Ask to see identification and written documentation of the investigation before making any decisions.

  • Request to speak with a lawyer before answering questions or allowing them into your home.

If you choose to let CPS inside, the caseworker will likely want to look around your home, check for basic necessities like food and beds, and look at where your children sleep. They may also ask to speak with your children privately. You can say no, but it may look like you are hiding something, and they may be able to interview them anyway.

What Should I Say to a CPS Caseworker?

What you say to CPS matters. Caseworkers write down everything you tell them, and their notes become part of the official investigation file. Being honest is important, but so is being careful about what you say.

You should:

  • Stay calm and polite.

  • Answer basic questions about who lives in your home and your children's routine.

  • Correct any false information you learn from the case worker about what was reported.

  • Ask questions about the investigation process and what CPS needs from you.

You should not:

  • Make excuses or blame others for problems in your home.

  • Give overly detailed explanations that might be misunderstood.

  • Discuss personal issues like past mistakes, mental health struggles, or family conflicts unless directly asked.

  • Sign anything without reading it first.

If the caseworker asks you something you are not comfortable answering, you can say you need to speak with a lawyer before responding.

Can CPS Take My Child During the Investigation?

Yes, but only if they believe the child is in immediate danger. This is called an emergency removal, and it does not require a court hearing beforehand.

Emergency removals usually happen when a child has serious injuries or the home environment does not look safe. This includes access to weapons or parents in the home who cannot care for the child because they are intoxicated.

If CPS takes your child, you have the right to a hearing within 14 days. A judge will decide whether your child should stay in foster care or be returned to you while the case continues. You should have a lawyer representing you at this hearing.

In most cases, CPS does not remove children immediately. They usually complete their investigation and work with the family to address any safety concerns.

What Happens After a CPS Investigation?

After investigating, CPS will make a "determination." This is their official decision about whether the abuse or neglect report was valid. There are three possible outcomes:

"Ruled out."

CPS found no evidence to support the report. Your case will be closed.

"Reason to believe."

CPS found some evidence that abuse or neglect occurred, but it is not confirmed.

"Unable to determine."

CPS could not get enough information to make a decision.

Even if CPS closes your case, the investigation record stays on file. In serious cases, CPS might file a lawsuit to remove your child or terminate your parental rights.

Call a Frisco, TX Family Law Attorney Today

Dealing with a CPS investigation is very stressful, especially when you have not done anything wrong. Our Collin County CPS lawyers understand how important it is to handle these situations carefully. At The Law Office of Linda Risinger, our mother-daughter team has over 30 years of experience practicing family law in Texas. We focus on getting the best results for our clients while aiming for cost-effectiveness. Contact us at 972-294-6533 today to schedule your free consultation.

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