Texas takes child welfare very seriously. The goal of Child Protective Services (CPS) is to ensure a cohesive family environment. Caseworkers are seeking solutions that protect a child or children from abuse, neglect, and other dysfunctional family issues.
The intention is to keep the child with the family whenever possible. Unfortunately, in certain situations, CPS workers may not believe that this is a possibility. In this case, they recommend the child removal and placement with a foster family or other caretakers, including relatives.
The Goal Of Child Protective Services
When a child is removed from their family, CPS is supposed to work to provide a stable environment for a child in foster or other substitute care. Once the child’s safety is covered, they begin working to resolve the family’s problems, then return the child to the family.
These cases generally last one year. If a CPS caseworker does not believe the family situation can be resolved, the worker will recommend termination of the parent-child relationship. The child is then placed elsewhere, with another family member, foster family, or other caretakers. The objective is to provide stability for the child or children who are unable to safely return to their family.
The Texas Children’s Commission has a full explanation of a CPS investigation on their website.
Why Parents Should Be Concerned About CPS
CPS can be a lifesaver for a child or children who are in a neglect or abuse situation. Whether they are fostered for the eventual return to their parents, or they are removed completely in favor of a better life situation, the intent is to stop the abuse then allow the children to heal.
Unfortunately, CPS has been called on many families by someone who falsely accuses a parent or parents of neglect or abuse of their child.
It’s also not uncommon for CPS workers to overstep their boundaries to do what they believe is their job. The caseworker will review information discovered during their investigation, as well as the original report.
Additionally, when children are taken from their parents they are also taken away from the rest of the family. Grandparents, cousins, siblings, aunts, uncles, and other relatives may also be forbidden from contact with the children.
What To Do
If you are contacted by CPS, immediately seek legal counsel from a qualified family law attorney. Even if you are not guilty of child abuse, it’s still possible to lose your child or children if a caseworker believes your children are endangered. This is especially true if the allegations were called in anonymously.
If you are notified of an upcoming CPS visit, you have little time to prepare. The visit usually occurs within 48 hours of a first report. One of the many things they will be looking for is the condition of your home. A home that is unsanitary, unsafe, or otherwise hazardous for children will be noted and considered. Take care of this immediately.
A caseworker looks for things such as adequate and healthy food, sleeping arrangements, clean clothes, safety hazards, or any dangerous things like weapons, chemicals, or drugs, within reach of children and out in the open. These are immediate red flags to a CPS caseworker. Any bad smells, such as cigarette smoke, should be dealt with prior to a visit since it’s immediately obvious.
Why do You need a Family Law Attorney?
A CPS caseworker doesn’t care whether the allegations are true or not. They are required to investigate all reported cases of neglect and/or abuse in Texas. The caseworkers were also reviewed the family’s functioning to determine whether any child is at risk for neglect or abuse, now or in the future.
That’s correct, the CPS caseworker is required to predict. If your child or children are in any way endangered at some future point. After the investigation, the caseworker will decide if your children are or are not at risk and recommend removal if they believe it’s necessary.
Family Law Help In Tarrant County
A visit from CPS can be a frightening experience, especially if you’re not sure why they are visiting. Because CPS has workers and legal counsel working to build their case, you should also be able to defend yourself in the event of a court case. A family law attorney can help defend you against charges from CPS.
Wendy L. Hart is an experienced family law attorney helping people throughout Tarrant County with visitation rights. We represent both men and women in family law cases. We’ll make sure you’re treated fairly and will protect your interests and your children.
Visit our Mansfield office, use our online contact form, or call us at (817) 842-2336. We’re ready to help.