When CPS Comes Knocking: What Should You Do?
No parent ever wants to face an investigation by Child Protective Services (CPS), but if it happens, it’s important to understand your rights and how to protect your family.
What Happens When CPS Receives a Report?
When CPS receives a report of possible child abuse or neglect, they are required by law to investigate. This can involve visiting your home, interviewing you and anyone else living in the house, and possibly speaking with your child at school. The goal of CPS is to ensure the safety of children, but investigations can be overwhelming for parents.
Can CPS Enter My Home Without Permission?
If CPS shows up at your door, the first question to ask is: Do they have a court order?
- Without a court order: If CPS does not have a court order, you are not required to let them into your home. You have the right to ask them to obtain one if they want to enter. However, they can later return with a court order, so it’s essential to consult an attorney immediately for guidance.
- With a court order: If CPS believes your child is in immediate danger, they may have obtained a court order to remove the child from the home. In such cases, they will be required to present you with this documentation upon arrival. A police officer may accompany them to maintain peace.
What Should I Do If CPS Asks Me to Sign a Family Safety Plan?
CPS often asks parents to sign a Family Safety Plan during an investigation. While this may seem like a simple formality, signing this document can have significant legal consequences.
- Is a Family Safety Plan a court order?
No, the Family Safety Plan is not a court order. It is an agreement between you and CPS that outlines steps you must take to address their concerns. However, signing it could be seen as an admission of guilt or agreement to the allegations. - Can I refuse to sign a Family Safety Plan?
Yes, you have the right to refuse to sign the plan until you have had a chance to consult with an attorney. It’s crucial to get legal advice before signing any documents related to a CPS investigation to avoid unintentionally giving up your rights.
What Are My Rights if CPS Removes My Children?
If CPS removes your children, they typically have 12 months to either return your children or seek termination of your parental rights. This period can be extended to 18 months in some cases.
- What services does CPS offer to parents?
During this time, CPS may offer services like counseling, drug testing, and parenting classes to help resolve the issues that led to the removal. Completing these services is essential to reunite with your children. - Where will my children be placed?
CPS prefers to place children with family members or close friends (known as kinship placements) rather than foster care. They will ask for your input on potential caretakers. A quick investigation, including background checks and drug tests, will be conducted before placement.
How Long Does a CPS Investigation Last?
Typically, a CPS case is resolved within 12 to 18 months, but due to COVID-19, many cases are taking longer to conclude. The pandemic has also led to an increase in reports of abuse and neglect, as families face higher stress levels due to financial pressures, job loss, and being home together more often.
What Should I Do If CPS Asks for a Drug Test?
If CPS asks you to take a drug test, they may do so as part of their investigation. Refusing to take the test could result in CPS taking further action, such as requesting a court order for compliance. It’s vital to consult with your attorney before agreeing to any testing to ensure that you understand your rights and any potential consequences.
Can CPS Remove My Child Without Proof of Abuse?
In extreme cases, CPS can obtain an emergency court order to remove your child from your home if they believe the child is in immediate danger. However, they cannot permanently remove a child without presenting evidence of abuse or neglect to the court.
What Should I Do If I’m Involved in a Custody Battle?
If you are involved in a custody dispute, be very cautious about reporting concerns to CPS unless you have solid evidence of abuse or neglect. False or unfounded reports made during a custody battle can backfire and result in negative consequences for you in court. Always investigate claims thoroughly before contacting CPS.
What Are My Options If I Can’t Afford an Attorney?
If CPS is seeking to terminate your parental rights and you cannot afford an attorney, you can request that the court appoint one for you. It is important to have legal representation during these proceedings to protect your parental rights.
What Should I Do If CPS Asks Me to Sign a Safety Plan During a Custody Dispute?
During a custody battle, signing a Family Safety Plan without legal guidance can be risky. It may affect your custody case negatively, as the safety plan may be interpreted as admitting fault. Always consult with an attorney before agreeing to any CPS documents or plans.
What Are Your Rights When Dealing With CPS?
When CPS comes knocking, it’s crucial to understand your rights. You don’t have to let them into your home without a court order, and you should never sign a Family Safety Plan without legal counsel. CPS investigations are serious, and taking the right steps early can protect your family from potential long-term consequences.
If you are facing a CPS investigation or need legal advice regarding your parental rights, Boswell Law is here to help. We help you understand your situation and provide the guidance you need. Contact us today at 832-919-6595 or visit boswelltexaslaw.com for more information.
