We have a system in the United States designed to protect children. And when there are reports of child abuse or neglect, Child Protective Services (CPS) will step in and investigate the allegations. In Texas, investigators will determine if the children in the home face any threats to their safety and a close look at the parents will quickly take center stage. At The Law Office of Linda Risinger, we suggest hiring a CPS defense attorney as soon as you know that CPS has begun investigating.

Cooperating with CPS

CPS usually becomes involved with families after the Texas Department of Family and Protective Services decides that the children are not safe in the home. CPS will determine if the family has abused the child. But these kinds of cases can become complicated.

What Are Investigators Looking Into?

Investigators typically will interview various parties who can shed light on the case and they will dig for information in the following ways:

Learning you are being investigated by Texas Child Protective Services can feel like you are living in a waking nightmare. In addition to the questions you have and the anxiety you feel, you may also be dealing with feelings of indignation and outrage. Considering that CPS is notorious for getting involved in situations where the idea of parental neglect is ridiculous (and for frequently neglecting to get involved in situations where children are in serious danger), it can feel like an enormous waste of time. 

However, it is still very important to take any investigation seriously, whether you feel it is merited or not. CPS has an enormous amount of power and many good parents have gotten trapped in the cogs of the system. Fortunately, you can maximize the chances of a favorable outcome by getting aggressive legal help from a Texas family law attorney. 

What Will CPS Agents Do? 

The first question many parents have is why they are being investigated in the first place. Accusations of abuse and neglect are easily made but much harder to defend against. People like neighbors, teachers, and even vindictive exes can make anonymous reports without any thought as to how their actions could upturn the lives of the parent against whom the accusations are made. 

The Texas Department of Family and Protective Services (DFPS) is tasked with investigating allegations of child neglect and abuse in the Lonestar State. If you recently learned that you are being investigated by Child Protective Services for possible child neglect or abuse, you may understandably be shocked and concerned. You may also be unsure of how to handle the situation. To receive personalized guidance unique to your situation, contact a family law attorney with experience handling cases of alleged child neglect and abuse. Additionally, keep the following considerations in mind.

Understand What to Expect During the CPS Investigation  

In Texas, CPS investigations are typically completed within 30 days of the initial report. During the investigation, a caseworker may:

• Interview your child – The caseworker may visit your child and ask him or her a series of questions. You have the right to be present during this interview if you so choose. However, if a parent denies a caseworker an interview with his or her child, the DFPS may obtain a court order allowing them to proceed with the interview against the parent’s wishes.
• Interview you and the child’s other parent– The caseworker may also ask you and the child’s other parent or guardian questions. These questions may later be used during child custody proceedings or even criminal proceedings. A family law attorney can help you prepare for questions you will likely be asked during this interview. The caseworker may also interview other family members who are heavily involved in the child’s life.
• Obtain records and documentation – The caseworker may ask for the child’s medical records, school reports, and other documentation.
• Assess the child’s living environment – The caseworker may conduct a home visit during which he or she will assess whether your home is a suitable living environment for the child.

Remain Calm and Cooperative  

Many parents and guardians who are accused of child abuse or neglect are infuriated by the implication that they are neglectful or abusive. While this reaction is certainly understandable, it is important to remember that CPS is required to investigate any and all allegations of child abuse. Furthermore, being accused of abuse or neglect does not mean that you actually committed these acts. Assert your rights, but make sure to maintain a calm and non-threatening demeanor. Raising your voice or acting aggressively toward the investigator may be used as evidence against you and can severely damage your case.