Insights

What Are My Rights With CPS in Texas? – How to Fight CPS and Win

The point of Child Protective Services (CPS) in Texas is to ensure parents are properly caring for their children, not neglecting or abusing them. While CPS Texas has good intentions, sometimes the agency makes mistakes and charges innocent people with wrongdoing. If you’ve been accused with bringing harm to your children, you need to know how to fight CPS and win in Texas.

CPS Investigation Process in Texas

Anyone who believes a child has been neglected or abused can make a report to CPS in Texas. At that point, the CPS investigation will begin with a caseworker interviewing the child. The caseworker will then approach you to ask questions, while also researching your background, such as your criminal history or any past CPS contact.

CPS Texas LawsThe CPS investigation process in Texas may also involve interviews with people who can attest to how the child is treated at home. You can typically expect the caseworker to come to your house to investigate the child’s home environment and also request medical records.

CPS Texas Laws

CPS in Texas gets hundreds of thousands of calls per year, and not every one meets the requirements for the agency to take action. That’s why Texas CPS has to break its cases into categories to determine priority. Cases that are given first priority and need to be investigated within 24 hours include those where children are at immediate risk of injury or death.

Cases that are given second priority need to be investigated within 72 hours. On the other hand, some cases are given no priority because there is not enough evidence to spend time investigating. However, it’s best to take any CPS accusation seriously, even if it means you have to spend time fighting CPS false allegations. You may wish to employ the services of a Houston family law attorney if a case is brought against you.

What Are My Rights With CPS in Texas?

When a CPS case is brought against you, the first thing you’ll ask yourself is – what are my rights against CPS? It’s good to know your CPS rights in Texas before you begin building your defense. After all, Texas CPS has the ability to remove your child from the home, so it’s important to focus on learning how to fight CPS and win in Texas.

You can start by using your right to remain silent when confronted by CPS caseworkers, much like you would in the presence of police. This is because anything you say could be used against you, so you should politely decline to answer questions.

Your CPS rights in Texas also include the ability to stop the caseworker from coming into your home. If he or she asks, you can say no, as his or her point in coming in is to gather evidence to use against you. If the caseworker claims to be worried about the children, you can bring them to the doorway to show they are safe. If the caseworker still wants to come in, he or she will need to get a search warrant from the court.

How Long Can CPS Keep a Case Open in Texas?

CPS Texas investigations often take about 30 days from start to finish. But some cases might take longer, especially if there is a lot of evidence to gather or more than one call to CPS has been made. You will be notified when your case is closed, so it’s important to keep fighting any CPS allegations until then.

How to Fight CPS and Win in Texas

CPS investigations can be intimidating for parents, and rightly so. The worst-case scenario is that you get your children taken away and face criminal charges, despite the allegations being false. That’s why you need to hire a lawyer who knows the ins and outs of CPS Texas investigations.

If you want a chance of winning your fight against CPS in Texas, call to schedule a consultation with the Moffett Law Firm for help from a caring, experienced Houston CPS defense attorney who will be by your side every step of the way.