As a parent involved in a Child Protective Services (CPS) investigation in Texas, you have several important rights that help protect your interests and your family’s well-being. Understanding these rights is critical to ensuring a fair and appropriate investigation process.
1. The Right to Be Informed
- Reason for the Investigation: You have the right to know the nature of the allegations against you. While CPS won’t disclose who made the report, they must provide enough details to explain their concerns.
- Explanation of the Process: CPS must explain how the investigation will proceed, what they are looking for, and what your options are.
2. The Right to Refuse Entry
- Without a Court Order: You are not required to let CPS enter your home unless they have a court order or believe there is immediate danger to your child.
- With a Court Order: If CPS has a court order, you must comply. However, you can review the document to ensure it is valid.
3. The Right to Refuse Interviews
- You can decline to be interviewed by CPS without consulting an attorney first.
- Child Interviews: You can request that CPS interview your child in your presence or a neutral location, though CPS may interview children privately if they suspect the parent’s presence could influence the child’s answers.
4. The Right to Legal Representation
- You have the right to consult an attorney at any point during the investigation.
- If CPS files a lawsuit against you (e.g., for termination of parental rights), you have the right to legal representation. If you cannot afford an attorney, the court may appoint one for you.
5. The Right to Privacy
- CPS cannot search your home, ask invasive questions, or access your personal records (medical, financial, etc.) without your permission, a court order, or your voluntary consent.
- You can refuse to provide access to documents, such as medical records, until consulting with an attorney.
6. The Right to Participate in Decisions
- CPS investigations often include recommendations, such as parenting classes or counseling. You have the right to participate in planning these services and to understand their purpose.
- You also have the right to dispute any services that are suggested if you believe they are unnecessary.
7. The Right to Challenge Findings
- If CPS determines abuse or neglect occurred, you have the right to:
- Challenge the Findings: You can appeal their decision.
- Request a Hearing: You can request a hearing to present evidence and contest their conclusions.
8. The Right to Due Process
- If CPS takes legal action (e.g., removes your child from your home), you are entitled to due process, including:
- Notification of court hearings.
- The opportunity to present evidence and witnesses.
- The ability to cross-examine CPS witnesses.
9. The Right to Protect Your Child
- You have the right to take reasonable steps to protect your child during the investigation. For example, you can:
- Supervise CPS interactions with your child (unless prohibited).
- Ask for additional support if you feel the investigation is distressing to your child.
10. The Right to File a Complaint
- If you believe your rights were violated during the investigation, you can file a formal complaint with the Office of Consumer Affairs within the Texas Department of Family and Protective Services (DFPS).
What CPS Cannot Do Without Proper Authorization
- Enter Your Home: CPS cannot enter your home without your permission, a court order, or evidence of immediate danger.
- Remove Your Child: CPS cannot remove your child from your home without a court order or evidence of immediate harm.
- Force You to Cooperate: CPS cannot force you to comply with requests like drug testing, signing documents, or allowing interviews without legal grounds or your consent.
Tips for Exercising Your Rights
- Stay Calm: Be respectful but firm in asserting your rights.
- Document Everything: Keep detailed records of all interactions with CPS, including dates, times, and what was discussed.
- Seek Legal Help: Consult an attorney who specializes in family law or CPS cases to ensure your rights are fully protected.
- Cooperate Wisely: While asserting your rights, cooperate appropriately to demonstrate that you are committed to your child’s well-being.
Understanding your rights in a CPS investigation is crucial for protecting yourself and your family. While CPS has a duty to investigate allegations of abuse or neglect, you are entitled to due process, legal representation, and protection of your privacy throughout the process.
If you are involved in a CPS investigation, Hunt Law Firm, PLLC has experienced attorneys that can help guide you through the investigation or court case.