Child Protective Services Texas | West & West, Greer & Estorga

Defending Families: Child Protective Services Cases

Cases involving child protective services are serious and should not be taken lightly. I work with parents that are being investigated by CPS to ensure that their legal rights to their children are protected and help parents decipher the web of demands and request made by the department. Allegations of abuse and neglect can stem from a number of sources which include disgruntled ex-spouses, relatives, professionals or anonymous individuals. I work diligently on behalf of clients to fight false allegations, providing steps to prepare an adequate defense. Even if your case is just a simple misunderstanding, you don’t want to face legal proceedings alone. An investigation can quickly turn into a removal proceeding, which if requested by the department, can expose parents to the possibility of having their rights terminated if the department and Judge do not believe the parents can meet the needs of their child(ren).

Facing allegations involving Child Protective Services (CPS) demands legal attention, as investigations can lead to serious consequences, including potential removal of parental rights….

Initial Investigation

When CPS receives a report of abuse or neglect, they are mandated by law to investigate the allegation. A report may come in that does not involve abuse or neglect and CPS may decide to take no further action. However, if CPS has called you, come to your home, or interviewed your children without your consent, then something about the allegation has amounted to a concern that the department believes warrants an investigation.

The initial investigation is very important because the information gathered during this time will determine whether CPS believes they need to pursue further action. As such, parents should be very aware that what they say could be used against them later in a court case, or even a criminal case, should CPS believe that abuse or neglect occurred. Often, we hear from clients that they’ve been advised that do they not need an attorney, you always have a right to hire an attorney, and at the very least you may want to consult with an attorney who is knowledgeable in this area before giving any statements or information to CPS.

Removal Proceedings

Once the department decides to move forward with a removal proceeding there will a hearing set, it is crucial to have an attorney present at this hearing to argue against the allegations made. The law provides for a very low burden of proof required to be proven by the state in order to get such a removal granted, as such it is crucial to not delay seeking legal advice or counsel. If such removal is granted, parents must then work with the department to complete an array of services ordered by a Judge to get their child(ren) back. These cases are complex and require parent’s complete attention and involvement.