How Do I Protect My Parental Rights During a CPS Investigation?
A visit from Child Protective Services (CPS) can feel overwhelming, confusing, and even frightening. Whether the report is based on a misunderstanding, a false allegation, or a real concern, it's crucial that you understand your rights and take steps to protect them from the moment CPS contacts you.
In Texas, CPS has broad investigative powers, but parents also have legal rights. If you're being investigated, here’s what you need to know.
Understand Why CPS Is Involved
CPS investigates reports of child abuse or neglect. These reports can come from a teacher, doctor, neighbor, or anyone who states they have information regarding the health and safety of your child. Once a report is made, CPS is legally required to investigate.
That does not mean you're guilty of anything. But how you respond can significantly affect the outcome including whether your child stays in your home.
Step 1: Know Your Rights
You have important rights under Texas law. These include:
The right to be informed of the allegations against you.
CPS must tell you what you’re being accused of and why they’re investigating. However, what CPS cannot tell you is who reported you, that information is protected by state law.
The right to remain silent.
You do not have to answer CPS’s questions without legal counsel.
The right to refuse entry into your home
Unless CPS has a court order or believes a child is in immediate danger.
The right to legal representation.
If your case proceeds to court, you can and should have an attorney representing you.
** Parents have a right to a court appointed attorney. If you are a conservator, but not a parent either by biology or adoption you are not guaranteed an attorney and will likely have to hire someone privately.
Step 2: Stay Calm and Cooperative (But Cautious)
Even if the investigation feels unjust, reacting with anger or hostility can make things worse. Stay calm and respectful. That said, being cooperative doesn’t mean giving up your rights. You don’t have to agree to interviews, drug tests, or home inspections without understanding the consequences.
** If CPS proposes a safety plan for your family, you have the right to deny that plan. However, that denial could be grounds for removal of your child.
Whenever possible, consult an attorney before speaking with CPS or signing any documents.
Step 3: Document Everything
Keep detailed notes of:
CPS visits and phone calls
What was said or asked
Any documents or forms provided
Witnesses to conversations or visits
This documentation can become extremely important if your case moves into a courtroom.
Step 4: Understand What CPS Can and Cannot Do
CPS can:
Interview your child (sometimes without your permission)
Visit your home and assess safety conditions
Seek a court order to remove a child if they believe there is a risk of immediate harm
CPS cannot:
Force you to comply without a court order
Keep your child permanently without a court’s involvement
Violate your constitutional rights as a parent
Step 5: Be Proactive if There Are Concerns
If there are legitimate issues that need to be addressed (such as substance abuse, unsafe living conditions, or untreated mental health issues) take steps immediately. Enroll in programs, make improvements, and document your efforts. Courts look favorably on parents who take initiative to protect their children and resolve any concerns.
Step 6: Hire an Experienced CPS Defense Attorney
This is one of the most important things you can do.
A CPS investigation can lead to removal proceedings, foster care placement, or even termination of parental rights. An experienced attorney can help you understand the process, protect your rights, and advocate for your family in and out of court. Child Welfare law is nuanced and specific, make sure the attorney you hire has CPS experience. Cases that involve CPS are not the same as a normal family law issue.
Take Action to Protect Your Family
Being investigated by CPS is serious, but it’s not hopeless. With the right knowledge and legal guidance, you can protect your parental rights and work toward the best possible outcome for your child.
At LDG PLLC, we help parents throughout Texas stand up for their rights during CPS investigations and related court proceedings. If you’ve been contacted by CPS, don’t wait. Get legal help today.