If Child Protective Services (CPS) shows up at your door in Texas, you might be scared, confused, and emotional. Here’s a step-by-step guide on how to respond:
- First, Understand What Kind of Case You Have:
Investigation Stage: If your case is in the investigation stage only, CPS might find abuse/neglect has occurred or there is no abuse/neglect. If CPS finds no evidence of abuse or neglect, the case may be closed without further action. If CPS finds there might be abuse/neglect and there is an emergency, the court might order removal of your children from your home.
Emergency Removal: If there is a court case and emergency orders already, removal of your children might be immediate. This will start a longer legal process that might end in dismissal of your case or it might end in your children being permanently removed from your care or even termination of your parental rights. After emergency removal of your children, the court will have a hearing. Seek legal advice immediately and/or, if you cannot afford an attorney, request the court appoint you one.
- Stay Calm and Polite
- Greet the CPS worker respectfully and stay calm. Avoid anger, hostility, or defensiveness, as these behaviors can negatively impact their assessment.
- Remember, their primary goal is to investigate reports of potential child abuse or neglect.
- Ask for Identification
- Politely ask the CPS worker for identification and the reason for their visit.
- Take a picture of their business card for your records.
- CPS workers are required to show official identification before proceeding.
- Find Out the Allegations
- Ask for a general description of the allegations being investigated.
- CPS workers will not reveal the source of the complaint, but they can provide information about the concerns (e.g., unsafe conditions, lack of supervision, etc.).
- Decide Whether to Let Them In
- You are not legally required to allow CPS workers into your home without a court order or your consent.
- If they do not have a court order, you can politely decline and schedule another time for them to return.
- If they have a removal order, make sure you see it and verify that it is signed by a judge. You should also call an attorney immediately.
- Be Cautious About What You Say
- Anything you say can be used in their investigation. Speak carefully and avoid volunteering unnecessary information.
- If you're unsure about how to answer a question, you can say, “I’d like to consult with my attorney before responding.”
- Document the Interaction
- Take notes about the visit, including the CPS worker’s name, the time and date, and any questions or statements made.
- If possible, have another adult present as a witness to the conversation.
- You can also take video or audio of the interaction.
- Protect Your Privacy
- You are not obligated to allow CPS workers to interview your children or inspect your home without a court order.
- If they insist on speaking to your children, you can request that the interview take place at a neutral location, such as the CPS office or school, and with your presence or a legal representative if allowed.
- Cooperate Within Reason
- While you have rights, being uncooperative can escalate the situation. Politely express your willingness to address the allegations appropriately.
- Provide basic information (e.g., names and ages of family members) if asked, but avoid answering questions that feel accusatory or invasive without legal advice.
- Do Not Sign Anything
- CPS might present you with a plan of service or agreements.
- Do not feel pressured to sign anything.
- Request CPS leave a copy of the plan with you and seek legal advice before signing anything.
- Seek Legal Advice Immediately
- If CPS has contacted you, consult a family law attorney immediately. An attorney can:
- Advise you on your rights.
- Represent you in hearings or interactions with CPS.
- Help resolve any misunderstandings or disputes
Key Rights to Remember
- You have the right to consult an attorney before answering questions or allowing access to your home.
- CPS cannot enter your home or remove your child without a court order or evidence of immediate danger.
- You can request that interviews or visits be rescheduled if you need time to consult with legal counsel.
When to Escalate the Situation
- If you feel your rights are being violated or the situation is being mishandled, contact an attorney or file a formal complaint with the Texas Department of Family and Protective Services (DFPS).
Though CPS investigations are serious, you should know that you have rights and the above steps and guidance will help you handle a very scary situation. Seeking legal counsel such as the experienced attorneys at Hunt Law Firm, PLLC may also be necessary so that you and your family’s rights are being protected and you are being advocated for.