My Rights in a CPS Investigation and Court Case
Protect Yourself and Children in CPS Cases
First and foremost, you have the right to fight to keep your child. Regardless of where you are in the CPS process (initial contact to termination trial) you have the right to have an attorney advise you and represent you. The Tarrant County District Attorney’s Office has well trained CPS lawyers working to represent Child Protective Services. Do not put yourself in a situation where you are without a skilled CPS attorney on your side. Cofer & Associates handles a substantial number of CPS cases and is experienced in negotiations and trial.
Other than extreme circumstances, you have the right to know where your child is and who is caring for your child. During this process your focus needs to be on your child and how you can insure your family is not torn apart. CPS Attorneys at Cofer & Associates are committed to keeping you informed about placement of your child or care options.
To discuss fully your rights in a CPS case you need to set up a consultation with a skilled and knowledgeable CPS attorney. There is an attorney available 7 days a week at Cofer & Associates. You can get a message to a CPS lawyer 24 hours a day, and a lawyer will make every practical effort to return your call as soon as possible.
CPS Investigation – Interference with Investigation
Carefully Navigate CPS Investigations
A parent or family member may not interfere with an investigation of a report of child abuse or neglect conducted by Child Protective Services or another designated agency.
If CPS cannot get access to the home, school, or any place where a child may be, CPS may go to the CPS court, or other court with family law jurisdiction. If Child Protective Services shows “good cause” to the court then the judge will order the parent, the person responsible for the care of a child, or the person in charge of any place where a child may be to allow CPS to enter for an interview, examination, and CPS investigation.
If a parent or person responsible for the child’s care does not consent to release of the child’s prior medical, psychological, or psychiatric records or to a medical, psychological, or psychiatric examination of the child that is requested by CPS or designated agency, CPS can go to court. If Child Protective Services (CPS) shows “good cause” to the CPS court or other court having family law jurisdiction the judge will order the records to be released or the examination to be made at the times and places designated by the CPS court.
Although, CPS is granted a tremendous amount of power under the Texas Family Code, you still have rights and one of the most important rights you have is to consult an attorney during the CPS investigation and process. You need to know your rights when dealing with Child Protective Services. You can submit an email or schedule a consultation with a skilled Tarrant County CPS Attorney.Contact Attorney
CPS Investigation – Refusing to Cooperate
Protect Your Rights without Obstructing CPS
If a parent or other person refuses to cooperate with CPS’s investigation of the alleged abuse or neglect of a child and CPS thinks the refusal poses a risk to the child’s safety, then Child Protective Services will ask the county attorney, district attorney, or criminal district attorney (Tarrant County has a criminal district attorney) with responsibility for representing CPS as provided by the Texas Family Code get a court order to allow CPS to conduct interviews, inspections, examinations, and CPS investigations.
If someone fails to report to an agency authorized (like CPS or the police) to investigate abuse or neglect of a child within a reasonable time after they have been properly notified then the system treats that as a refusal to cooperate with the CPS’s investigation. Then a summons can be issued to locate the person that did not cooperate with CPS.
You do not want to be viewed as an obstructionist during a CPS investigation, but you do not want to give up your important rights. The delicate balancing act of cooperation and protecting yourself should be with the advice of a good CPS lawyer. A website or phone call cannot begin to prepare you for the difficult process of dealing with CPS. A skilled CPS Attorney can explain your rights and start developing your CPS case immediately. You can submit an email or schedule a consultation with a skilled County CPS Attorney in Fort Worth.Contact Attorney