A knock on the door from Child Protective Services (CPS) is frightening for any parent. You may not know why they're there, what they can do, or whether you could lose your children. Knowing how the process works, and what your rights are, can help you respond calmly and protect your family. This article gives a general overview of CPS cases in Texas, including in Seguin and the rest of Guadalupe County.
CPS is part of the Texas Department of Family and Protective Services (DFPS). It investigates reports of child abuse and neglect and can, in serious cases, ask a court to remove children from their home.
How a CPS case starts
Most CPS cases begin with a report to the state's abuse hotline. Reports can come from teachers, doctors, counselors, police, neighbors, relatives, or even a co-parent in a custody dispute. Many professionals are required by law to report suspected abuse or neglect. The identity of the person who made the report is generally kept confidential.
Not every report leads to an investigation. If CPS decides the report requires one, an investigator will try to contact the family.
The investigation
During an investigation, a CPS caseworker typically:
- Interviews the child, sometimes at school before talking with parents.
- Interviews parents and other adults in the home.
- Visits and looks at the home.
- Talks with others who know the family, such as teachers, doctors or relatives.
- May ask for drug tests, medical exams of the child, or records.
At the end of the investigation, CPS reaches a finding. Many investigations are closed with no further action. Others result in a finding that abuse or neglect occurred, which can lead to services or court action. Some findings can be reviewed or appealed through an administrative process, and it's important to act quickly if you disagree.
What to do when CPS contacts you
- Stay calm and polite. Hostility rarely helps, and the caseworker's notes may later be read by a judge.
- Get information. Ask for the caseworker's name, phone number and supervisor, and for written information about the investigation and your rights.
- Know you can talk to a lawyer. You can ask to speak with an attorney before answering questions, signing documents, or agreeing to a drug test.
- Understand home entry. In general, CPS needs your consent, a court order, or an emergency situation to enter your home. Refusing entry has consequences too, because CPS may seek a court order, so it's wise to get legal advice quickly.
- Be truthful. Don't lie or make up explanations. If you'd rather not answer something without a lawyer, say so.
- Read before you sign. Don't sign a safety plan or any other document you don't understand.
- Don't coach your children or ask them what they told CPS.
Safety plans and family-based services
CPS may ask you to agree to a safety plan, such as having a relative stay in the home, limiting a person's contact with the children, or temporarily placing the children with a relative (sometimes called a "parental child safety placement"). These plans are generally voluntary, but CPS may seek court action if you refuse and they believe the children are unsafe.
Sometimes a case moves to Family-Based Safety Services (FBSS). With FBSS, the children usually stay at home or with a relative while the family completes services such as parenting classes, counseling or drug treatment. FBSS is often handled without a court case, but not following through can lead to one.
A "voluntary" placement with a relative can last longer than you expect. Talk to a lawyer before agreeing, and get any agreement in writing.
Removal and the court process
If CPS believes a child is in immediate danger, it can remove the child, either with a court order or, in an emergency, without one, and then file a lawsuit very quickly afterward. Once a child is removed, the case is in court, and strict deadlines apply.
| Stage | General timing | What happens |
|---|---|---|
| Emergency or ex parte order | At or right after removal | Judge approves temporary placement of the child with DFPS |
| Adversary hearing | Within 14 days of removal | Parents can contest; court decides whether the child stays in DFPS care or returns home |
| Status hearing | Within about 60 days | Court reviews the family service plan |
| Permanency hearings | Periodically during the case | Court reviews progress and the plan for the child |
| Final trial or dismissal deadline | Generally about 1 year after DFPS is named temporary managing conservator; can be extended up to 180 days | Children are returned, placed with relatives, or parental rights may be terminated |
The 14-day adversary hearing is critical. It's often your first and best opportunity to get your children home or placed with a trusted relative. Have a lawyer by then if at all possible.
Your rights in a CPS court case
- Right to an attorney. If CPS is asking the court to take custody of your child or terminate your rights, and you can't afford a lawyer, you can ask the court to appoint one. You may also hire your own.
- Right to notice and to participate in hearings, present evidence and question witnesses.
- Right to a service plan explaining what you need to do to have your children returned.
- Right to visitation with your children while they are in care, unless the court finds it isn't in their best interest.
- Right to suggest relatives or close family friends for placement.
- Right to a jury trial in certain final hearings.
The court also appoints representation for the child. See attorney ad litem vs. amicus attorney for the difference between those roles.
Working your service plan
If your children are in care, your service plan is your road map. Start services right away, attend every visit, stay in contact with your caseworker and lawyer, and keep proof of everything you complete. Judges pay close attention to whether parents are making real progress.
Relatives and co-parents
CPS often looks for relative placements. If you're a grandparent or other relative who wants to care for the child, let CPS know as early as possible. See grandparents' rights in Texas. If a CPS case involves a child of divorced or separated parents, it can affect an existing custody order. You may need to address custody afterward. See modifying custody in Texas.
For official information, visit the Texas Department of Family and Protective Services. Attorney Jesus R. Lopez helps parents and relatives in Guadalupe County understand their options. Learn more on our child custody lawyer page.
Frequently asked questions
Do I have to let CPS into my home?
Generally, CPS needs your consent, a court order or an emergency to enter. Refusing can lead CPS to seek a court order, so get legal advice quickly.
Can CPS talk to my child at school without telling me?
Yes, CPS investigators can interview children at school as part of an investigation, often before speaking with parents.
Will I get a free lawyer in a CPS case?
If CPS files a lawsuit seeking custody of your child or termination of your rights and you can't afford a lawyer, you can ask the court to appoint one.
How long does a CPS case last in Texas?
A court case after removal is generally required to be resolved in about one year, with a possible extension of up to 180 days.
Have questions about your situation? Talk with a Seguin family lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.