How to stand up for yourself during a Texas CPS case (2023)

FAQs

How do I intervene in a CPS case in Texas? ›

Intervening in a Texas CPS or lawsuit affecting a parent-child relationship requires legal standing to be involved in the case or file an original lawsuit as a foster parent. Standing means that a person has a personal stake in the controversy at hand.

It can be dismissed by CPS if they feel like the child is not in any real danger. It can also be dismissed by a judge if CPS fails to provide enough evidence to prove that the alleged abuse or neglect actually occurred.

What are my rights? You have the right to talk to your CPS caseworker. Communications with the caseworker are not confidential, and anything you say can be used in court. If CPS has filed a lawsuit against you to take your children, you have the right to a court-appointed attorney if you cannot afford an attorney.

Despite how emotionally charged these situations are, you must remain calm when interacting with social workers and police officers. Anything you say will be used in a CPS investigation as evidence. In many circumstances, it is best to say nothing at all.

Ultimately, the judge has greater authority to control a CPS lawsuit involving an allegation of abuse or neglect to a child. However, the judge's authority is limited to only address requests and evidence that are present to the Court, so many decisions get made by CPS without the judge even knowing about it.

Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case. Judges can dismiss a case either on their own motion or on the motion of the defendant.

Remember, you cannot ask the CPS to drop the charges without good cause. You might know you are innocent, or regret your actions, or have been reconciled with the victim. But the CPS will still say that justice must be done. The CPS cannot decide whether you are innocent or guilty – only the courts can do that.

Anything you say to a CPS caseworker can be used against you or could even become grounds to take your kids away from you. If you are being investigated by CPS and a caseworker starts asking you questions, you can exercise your right to remain silent by politely telling the investigator that you do not want to answer.

Can you sue CPS in Texas? ›

I don't want to take up a great deal of time discussing the legalities of using the state of Texas, but legally speaking, it is possible to file a lawsuit against Child Protective Services.

They may want to see if there is food in the house, proper sleeping conditions, and plenty of clothes. But, they're also looking for signs of health issues, drugs, weapons, and anything that might be used against you. How far you let CPS go in looking around is up to you.

For that reason, it's essential to be honest with the family. Terry advises, “Remind the family that you are mandated by law to call this in. Alleviate the fears of parents (having contact with CPS). Honesty helps build relationship and trust.”

The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.

Red flags are warning signs to look out for that potential child abuse and neglect are occurring within a client's home.

Section 261.107 provides the civil and criminal penalties associated with falsely reporting child abuse in Texas. This section provides that “a person commits an offense if, with the intent to deceive, the person knowingly makes a report…that is false.”

The Answer: 12 Years Old & Over

The law allows the judge to interview a child that is 12 years of age or older concerning custody. During the interview, the judge will listen to the child's wishes, desires and opinions regarding residency and primary conservatorship.

A Victim Right of Review (VRR) gives the actual victim of the crime (or a close relative if the victim died as a result of the offence) the opportunity to challenge decisions by the police or CPS to not proceed with prosecution (which can happen at any stage).

Appeals in parental termination and child protection cases are governed by the rules of appellate procedure for accelerated appeals, but include additional expedited deadlines and procedures. See TEX. R. APP.

If you've decided to sue CPS for violating your constitutional rights, you need an experienced civil rights attorney to represent you.

How long does a CPS investigation last Texas? ›

The investigation phase should be completed within 45 days from the date of intake. If there is good cause, the caseworker may request a 45-day extension.

You may dismiss a case you filed at any time before you have introduced all your evidence, or take a non-suit by filing a Notice of Nonsuit with the court.

There are many reasons for a court to dismiss a case, both procedural and substantive. FRCP 12 provides the list of grounds for dismissal in federal court, which includes a lack of jurisdiction, improper service of process, failure to join a party, and a plaintiff's failure to state a claim for relief.

Rule 162. Dismissal or Non-suit (1988) At any time before the plaintiff has introduced all of his evidence other than rebuttal evidence, the plaintiff may dismiss a case, or take a non-suit which shall be entered in the minutes.

If the crown prosecution service does not have enough evidence to prove their case, they may drop charges against you. The CPS must be able to prove their case beyond reasonable doubt and must have a strong case against you.

Completed prosecutions decreased by 6.8% from 107,035 in Q4 21/22 to 99,797 in Q1 22/23. Both magistrates' courts and Crown Courts recorded reductions of 5.7% and 12.5% respectively. The conviction rate slightly decreased in Q1 22/23 to 83.0% from 83.3% in Q4 21/22.

Once they've completed their investigation and are ready to refer the case to the CPS, they will send us a file containing the evidence they've gathered. A CPS lawyer will then review all the information and decide whether we can bring a prosecution.

Civil claims are governed by the Civil Procedure Rules (CPR) and the associated Protocols and Practice Directions. CPS Proceeds of Crime (CPSPOC) has a dedicated Unit – the Civil Litigation Unit (CLU) - responsible for civil litigation claims brought against the CPS arising out of prosecution casework.

In most cases the prosecutor will tell you their decision within 30 working days (about six weeks). If the review is likely to take longer than this, for example if there is a lot of evidence to consider, then we will let you know how long the review is likely to take and keep you updated with our progress.

Only a small number of cases end up in court, but as a victim or witness of a crime if you're asked to give evidence in court, you must go.

Do I have to let CPS in my house Texas? ›

Do not let the CPS workers into your home. The only legal ways into your home are: In emergency situations (immediate and obvious danger to life or limb) With your permission.

Can social services take my child away without evidence? No, there must be evidence in support of the application from social services when they are asking the court to remove your child/ren from your home.

Anyone can initiate the report (e.g., teachers, grandparents, neighbors, an ex-spouse, etc.), and because this can be done anonymously, you will likely not know who made the claim. Once CPS receives the report, an evaluation will be made about the severity of the claim.

You could be able to make a claim irrespective of whether the abuse or negligence that you have suffered happened recently or a long time ago when you were a child. Similarly, you can also claim if you have been wrongly accused by Social Services.

The Texas family code states that a physical injury to your child that results in substantial harm to the child or the genuine threat of substantial harm from physical injury is counted as abuse in Texas.

Is having a dirty house child neglect? Unmade beds, dirty dishes and stacks of laundry are expected in a busy household but when the home becomes a health hazard it becomes a crime scene of child abuse and neglect.

What are my rights? You have the right to talk to your CPS caseworker. Communications with the caseworker are not confidential, and anything you say can be used in court. If CPS has filed a lawsuit against you to take your children, you have the right to a court-appointed attorney if you cannot afford an attorney.

Should you answer questions from CPS? ›

Eventually, the CPS Investigator will get around to asking questions about the allegations. What you need to remember here is that the CPS Investigator is an agent of the government. They may not be wearing a badge or a gun, but you should answer their questions just like you would any police officer.

Most of the time, parents have the right to make choices for their child regarding police interviews and testifying or cooperating in a criminal case.

The CPS does not investigate allegations of crime, or choose which cases to consider. CPS prosecutors must review every case referred to us by the police, or other investigators.

Once the police consider that they have enough evidence they will pass the case to the CPS. We will review the evidence and consider whether we can bring a prosecution. If the police don't think they have enough evidence they won't pass the case to us and no further action will be taken against the suspect.

Only the police can do this, and even they have to have a search warrant from a judge. You have every right to refuse any social service people admission to your home.

People who are being investigated can feel like CPS is there to harm them, tear their family apart, pry into their lives, and embarrass them. Parents feel harassed and invaded. I get it, and most CPS workers understand that you feel this way.

The investigation phase should be completed within 45 days from the date of intake. If there is good cause, the caseworker may request a 45-day extension.

If CPS deems that a child could be in immediate danger, the claim could prompt an investigation, and local law enforcement could become involved. CPS must begin an investigation to find facts backed by evidence for them to be able to take action. CPS will attempt to complete investigations within 45 days.

How do you defend false accusations? ›

No. CPS maintains that reporters are confidential. This is to protect their source. In many cases they are friends and family members of the children and it is essential for these people to remain in the lives of the children to keep an eye out for the children in the future and be a positive source for the family.

In most cases, you will receive a letter from CPS telling you whether they closed your case or not. They normally send the letter within 90 days following the investigation.

Before charging, the CPS must be satisfied that there is enough evidence. This means there must be a realistic prospect of conviction in relation to each accused and for each and every charge.

General Information. Adult Protective Services (APS), Child Care Licensing (CCL), and Child Protective Services (CPS) case records are confidential by law and released to people personally involved in the case, or those entities who need the record to carry out professional duties.

It is common for Child Protective Services, or CPS to request the parents who are under investigation or in a pending lawsuit to take a drug test. They can obtain drug tests from a parent in two ways, one by the parent consenting or two by a court order.