How to Protect Your Rights During a Texas CPS Investigation

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Brett Pritchard Law

Updated on August 23, 2022

Being investigated by Child Protective Services (CPS) is always stressful and traumatizing. After all, you risk having your children removed from your home during a CPS case.

Many parents do not understand their rights when going through a CPS case, and caseworkers often take advantage of that. Unfortunately, it is not uncommon for parents to be deceived, misled, or lied to by CPS caseworkers.

For this reason, the best thing you can do to protect your rights and the safety of your children is talk to an experienced attorney. At The Law Office of Brett H. Pritchard, our Lampasas Child Protective Services attorney is committed to helping clients through CPS cases. Here is some of our best advice for protecting your rights during a CPS investigation.

Communicate with the CPS Caseworker Assigned to Your Case

Keeping in touch with the caseworker assigned to your Child Protective Services case is very important. The last thing you need is a misunderstanding or lack of communication when you are already at risk of losing your children. (For more information, read “8 Reasons Child Protective Services May Take Your Child from Home.”)

It is critical to communicate with the CPS caseworker to understand what the agency wants you to do to bring your children back home and have your CPS case closed. You have a right to ask the CPS caseworker to explain these steps so your children can be returned home.

Complete All Necessary Steps in Your CPS Case

If Child Protective Services ordered you to complete specific steps to get your children back or to close your case, you should do everything the agency says. Often, CPS orders parents to undergo drug rehabilitation or attend anger management classes.

When completing the necessary steps in your CPS case, keep the caseworker up to date with your progress. You should also be in constant communication with your CPS lawyer. Contact a CPS lawyer today to discuss the details of your case.

Follow the Judge’s Instructions in Your CPS Case

At a court hearing, the judge may issue court orders instructing you to take specific steps. It is vital to follow the judge’s instructions to secure a favorable outcome in your CPS case.

By complying with court orders and the judge’s instructions, you show CPS that you are willing to participate in the process to get your children back home.

Related: What is an Adversary Hearing in Child Protective Services (CPS) Cases?

Continue to Care for Your Children

Just because your children were taken away from you does not mean that you should stop caring for them. On the contrary, your children need you more than ever before.

Contrary to popular belief, CPS cannot prevent you from seeing your children or spending time with them. You still have a right to visit your kids even after Child Protective Services has removed your children from your home.

It is critical to contact a knowledgeable CPS attorney to help you work out a visitation schedule for your children with Child Protective Services.

Inform the CPS Caseworker of Your Child’s Needs

Just because CPS has temporary custody of your children does not mean that you cannot protect your children’s safety and well-being. It is very important to inform the CPS caseworker assigned to your case of your children’s needs and provide any information that would help care for your children. Such information may include answers to the following questions:

  • Do any of your children have medical conditions that require him or her to take certain medications or receive medical care?

  • Are there any dietary restrictions CPS should be aware of?

  • How should a CPS caseworker address your children’s educational needs?

Many parents assume that CPS is aware of all their children’s needs. While it is CPS’s job to take good care of children in the agency’s temporary custody, it is still crucial to take proactive steps to inform a caseworker of your children’s needs.

Related: What to Do if You Suspect Child Abuse by Child Protective Services (CPS)?

You Have a Right to Know What’s Going On in Your CPS Case

Child Protective Services has an obligation to inform parents of any court dates, hearings, and other matters during a CPS case. The agency must inform you in the following situations:

  • When CPS is investigating you and why it got involved (e.g., after receiving complaints of child abuse)

  • When a CPS caseworker has met and communicated with your children

  • When the investigation is complete, and a CPS case is closed

  • When a court or adversary hearing date has been scheduled in your CPS case

Unfortunately, CPS caseworkers do not always demonstrate respect for parents’ rights during investigations. For this reason, it is vital to be represented by a skilled CPS attorney to protect your rights and understand what is going on in your CPS case.

Why You Need an Attorney During a CPS Case

Being investigated by Child Protective Services is one of the most intimidating and frustrating things a parent can experience in their life. However, you do not have to go through this alone.

Your Lampasas Child Protective Services attorney will stand up for your rights and ensure that CPS handles your case fairly. With so much potentially at stake, having an attorney to represent your interests and rights during a CPS case is of paramount importance.

Do not expect CPS caseworkers to explain your rights to you. Your lawyer is the only person who is willing to fight for your rights and help you keep your family together.

Remember, if you decide to hire an attorney during a CPS case, you should be 100% honest. The more your attorney knows, the better. Your lawyer will not judge you; they need all relevant information to effectively represent you during your CPS case. Hiding important information from your lawyer could hurt your case because the truth will come out sooner or later.

Related: Is Everything I Tell My Criminal Defense Lawyer Confidential?

Call Our Lampasas Child Protective Services Attorney Today

If you are being investigated by Child Protective Services, the best thing you can do to protect your rights is hire a knowledgeable attorney. Contact our Lampasas Child Protective Services lawyers at The Law Office of Brett H. Pritchard to find out how to best proceed with your case. Call (254) 781-4222 or contact us online to receive a FREE consultation.

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