Texas Child Protective Services Investigation Attorney

Lawyer Helping Parents Protect Their Parental Rights in Plano and Collin County

Child Protective Services (CPS), a division of the Texas Department of Family and Protective Services (DFPS), plays an important role in protecting children from neglect and abuse. However, CPS sometimes gets involved in cases of unfounded or exaggerated allegations of abuse, and this can seriously threaten a parent's access to their child. If you are under investigation by CPS, and especially if you have been named in a child protection suit, you need strong legal representation to help you protect your parental rights.

At the Law Office of Brian Bagley, we know that the thought of losing custody of your child is extremely concerning, and we believe that you deserve a fair chance to defend yourself and demonstrate that you are a fit parent. We will advise you throughout the process of a CPS investigation and represent you in court if necessary. We will put our 10 years of family law experience to use to ensure that you understand what to expect and that you are equipped with an effective legal strategy.

When Does Texas CPS Get Involved?

In Texas, CPS provides a variety of services, including in adoption cases and for children in foster care. However, of greatest concern to most parents is the role of CPS in investigations of child abuse and neglect. Child Protective Services is required to conduct such an investigation after receiving any report of behavior that constitutes neglect or abuse.

According to Texas law, examples of abuse include:

• Causing or allowing a child to suffer a mental or emotional injury that impairs their growth or development
• Causing or failing to reasonably prevent a physical injury to a child
• Committing or failing to reasonably prevent sexual assault, abuse, indecency, or other sexual misconduct toward a child
• Using or allowing a child to use a controlled substance that causes them harm
• Being involved in child trafficking
• Forcing a child to get married

Examples of neglect include:

• Leaving a child without care in a situation in which they are at risk of physical or mental harm or sexual abuse
• Failing to provide a child with the food, shelter, clothing, or medical care they need

Legal Representation for CPS Investigations and Hearings in Texas

If you have been named in a report alleging child abuse or neglect, you can expect CPS to conduct a thorough investigation to determine whether the allegations are founded and whether your child is safe. This investigation will likely include interviews with you, your child, other members of your household, and anyone else who may have knowledge of your family's situation. The investigator will also look into your criminal record, and they may visit your home, examine your child, and ask for health records or a medical or psychological examination. You can consult with your attorney to determine how best to respond to any of the investigator's requests.

A CPS investigation does not mean that your child will certainly be taken from you. The investigator may find that your child is safe, or that there are other reasonable measures for ensuring their safety. However, CPS can remove your child from your possession immediately if it appears that there is a risk of immediate harm. The DFPS can also file suit to remove the child from your possession upon the conclusion of their investigation. In either case, you will have the opportunity to attend a hearing, where your attorney can help you present evidence and testimony to contest your child's removal.

Contact a Plano, TX Parental Rights Attorney

If your parental rights are under threat due to a CPS investigation, it is important to act quickly. Contact us today at 972-422-2424 to schedule a free, confidential consultation so we can discuss your case with you. We serve parents in Plano, Sachse, Wylie, Parker, Murphy, Lucas, and throughout Collin County, Tarrant County, Dallas County, Denton County, and the surrounding areas.