Child Protective Services

CHILD PROTECTIVE SERVICES ATTORNEY IN TYLER, TX

Your Compassionate Advocates in Family Legal Matters

Child Protective Services or CPS is designed to ensure the best interests and safety of all children. However, many times CPS can overstep and be overzealous in their pursuit of fulfilling their obligations. We represent clients in need of CPS defense.

Can CPS Really Remove My Children?

Yes, CPS has the authority to remove your children. Child Protective Services is supposed to remove children only when there is evidence of some form of abuse or neglect and that there are no other alternatives to keep the children in the house or place them with another relative. This process can be frightening for parents who find themselves at the mercy of this agency.

What Happens When CPS Takes My Children?

When a Child Protective Services Investigator removes your children, without a Safety Plan executed by you, then a hearing will be scheduled in the Courthouse in the County where you live within 14 days from the date CPS removed the child (the “14 Day Hearing”). This begins a lawsuit against you that must be resolved within 1 year.

At the 14 day hearing, you will have the option of entering into a placement agreement (Temporary Order) with CPS or contesting the removal. If you choose to enter into an agreement with CPS, they will be given Temporary Conservatorship Rights over the child and you will have very restricted rights. In fact, you may be denied all access to the children or only permitted to see them once every week, sometimes every 2 weeks, depending upon your county and the allegations in your case.

There may be reasons to enter into an agreement with CPS at this 14 Day Hearing, however, do so should be reserved for extreme cases. Your best chances of getting your children back and bringing this nightmare to an end is by winning the 14 Day Hearing and this requires contesting the removal. An experienced CPS lawyer will analyze the allegations and known facts in your case, and help you determine your best options.

What to Do if CPS finds “Reason to Believe” Abuse or Neglect Occurred in an Investigation Report?

At the conclusion of a CPS Investigation, even if your child was not removed or if your case didn’t involve court ordered services or even a safety plan, CPS will issue a letter reporting the findings of their investigation. This letter is very important. CPS will make 1 or 3 findings for each allegation of abuse or neglect. Those findings are:

1) Ruled Out,

2) Unable to Determine, or

3) Reason to Believe.

If your letter contains a finding of “Ruled Out” or “Unable to Determine” you don’t need to worry about the investigation any further. These two findings will not adversely impact your life. However, if the Department makes a finding of “Reason to Believe” you must take action to appeal the finding within 45 days of the date of the letter. Failure to do so will result in the finding of Reason to Believe being in your record and potentially showing up in a background search. If you have an occupation in which you work with children in any way such as a Teacher, Counselor, Medical Professional, or any form of child care, this finding will show up and likely prevent you from getting or maintaining that career. Additionally, if you for whatever reason encounter CPS again, this finding will resurface to cause problems