Become a Volunteer for DFPS

A Parent's Guide to a Child Protective Services (CPS) Investigation

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Note: The information in this pamphlet applies both to legal parents and to other family or household members who are alleged to have abused or neglected a child.

We know that a visit or contact from a Child Protective Services (CPS) caseworker concerning your family can be difficult and confusing. This pamphlet will help you better understand the CPS program.

Please note:

  • If you have a hearing impairment or limited English proficiency, please let your caseworker know so that CPS can provide an interpreter.
  • If your child is of Native American heritage, please be sure to inform your caseworker because it affects the legal requirements that may apply in the case.

The information in this pamphlet applies to both legal parents and to other family or household members who are alleged to have abused or neglected a child.

Why is CPS visiting my family?

State law requires anybody who believes that a child has been abused or neglected to make a report to the Child Protective Services (CPS) program of the Texas Department of Family and Protective Services (DFPS) or to a law enforcement agency. The law requires CPS to investigate reports of child abuse or neglect for the primary purpose of protecting children.

What is Child Protective Services?

The CPS program receives, investigates, or assesses reports of child abuse and neglect by parents, family, or household members. CPS offers services after investigations if:

  • children are not immediately safe from abuse or neglect; or
  • a reasonable likelihood exists that children will be abused or neglected in the foreseeable future, and families have demonstrated that they cannot control factors placing children at risk of abuse or neglect.

If needed, services are offered to parents to help them solve their problems and learn how to care for and discipline their children in ways that do not harm them or place them at risk of abuse or neglect. These services may include counseling, day care, homemaker, evaluation and treatment, and parenting training.

What does CPS do in a child abuse or neglect investigation?

When investigating a report, a caseworker usually:

  • talks to and visually examines the child reported to have been abused or neglected. The talk with the child must be audio taped or videotaped. The interview may be conducted at any reasonable time and place, including at school. The caseworker may transport the child for purposes relating to the interview or examination and must notify the child’s parent of the transportation.
  • makes a reasonable effort to notify you of any interviews and the nature of the allegations within 24 hours after an interview has taken place.
  • discusses the report with you to gain an explanation about the harm or risk of abuse or neglect to the child. You can ask to see the caseworker’s DFPS identification card. The caseworker will tell you how he or she can be contacted during the investigation. It is illegal for the caseworker to tell you who made the report.
  • obtains criminal history information about people alleged to have abused or neglected your child. As necessary, the caseworker may also:
  • interview and visually examine all children in the home;
  • interview any other person alleged to have abused or neglected your child;
  • interview anyone with information about the situation, including those who can verify explanations of the harm to your child;
  • ask for access to mental health records on your child, yourself, or people alleged to have abused or neglected your child;
  • ask for a medical, psychological, or psychiatric examination of your child if it is necessary to establish whether abuse or neglect has occurred or if risk of abuse or neglect exists; and
  • visit the child’s home.

We hope that you will cooperate with the caseworker in taking these steps, which are authorized by law to complete the investigation. However, if necessary, CPS has the authority to ask a court for an order giving the caseworker permission to talk to or examine your children, visit your home, or receive health records.

How long does it take to complete the investigation?

The caseworker normally completes the investigation in 30 days. As a result of the investigation, the caseworker will decide if:

  • abuse or neglect occurred; and
  • the child is at risk of abuse or neglect.

If it has been determined that the child is at risk of abuse or neglect, the caseworker will decide if:

  • immediate safety services are needed; and
  • ongoing treatment services are needed to reduce the risk of abuse or neglect.

The caseworker will get approval regarding these decisions from his or her supervisor and then will inform you about them.

What does risk of child abuse and neglect mean?

Children are at risk of abuse or neglect when there is a reasonable likelihood that they will be abused or neglected, as defined by the Texas Family Code, in the foreseeable future.

Will CPS take my child away?

CPS believes that children should not be removed from their homes except to protect them from abuse or neglect and when there are no reasonable efforts CPS can make to provide for the children’s safety and prevent their removal. CPS is allowed by law to remove children for abuse and neglect or for being at risk of abuse or neglect only after a court orders it or when there is no time consistent with the health and safety of the child to obtain a court order and the person taking possession of the child has sufficient knowledge or reason to believe:

  • there is an immediate danger to the physical health or safety of the child;
  • the child has been the victim of sexual abuse;
  • the person with possession of the child is currently using a controlled substance and the use constitutes an immediate danger to the physical health or safety of the child; or
  • the person with possession of the child has permitted the child to remain on premises used for the manufacture of methamphetamines.

If your child is removed from your care without a court order, the court will schedule a hearing for the next working day. When children are removed, the parents will be asked to complete a Child Placement Resources Form in order to provide the names of three people who could care for their child while the parents participate in services.

Do I need a lawyer? How do I get one?

You have the right to consult with a lawyer at any point in the investigation at your own expense. If CPS files a lawsuit requesting Temporary Managing Conservatorhip and you don’t agree, the Court will determine if you are financially able to hire your own attorney, or whether to appoint one to represent you. In some communities legal aid may be available, and you can contact the local bar association or call Lawyer Referral Service, State Bar of Texas 1-800-252-9690. CPS staff are prohibited by law from giving legal advice.

Who will know what is in CPS records about me?

Because the law requires CPS to keep the report and investigation confidential from the public, information is given only to the people who were investigated, the victim’s parents, law enforcement officials, courts, and county or district attorneys. CPS will share information with providers and others as necessary for services to be provided. For example, a therapist will need to know details of the abuse and neglect in order to provide counseling. Relatives or other individuals with whom a child is placed will be given any information the department considers necessary to ensure that the relative or other individual is prepared to meet the needs of the child. This may include information related to any abuse or neglect suffered by the child. The law does not allow CPS to give you the name of the person who made the report of child abuse or neglect or whose life or safety may be endangered by their being identified. You can obtain, at your expense, a copy of the report with investigation information concerning you unless:

  • releasing the information would jeopardize an ongoing criminal investigation or the child’s safety; or
  • court proceedings are pending and the attorney representing CPS has determined that CPS cannot give the information to you.

The cost of the copy is determined by DFPS, using established rates.

What does the law enforcement agency do with the report?

The law requires CPS to notify law enforcement agencies of all reports of alleged abuse or neglect. The law enforcement agency determines, separate from CPS, whether to conduct a criminal investigation and whether a criminal violation occurred. You can contact the local law enforcement agency if you have questions about a criminal investigation. You can also contact local law enforcement if you feel that a false report has been made against you.

What can I do if I disagree with the conduct or findings of the CPS investigation?

Speak to the caseworker. An open discussion may settle the matter. If your concerns cannot be resolved with the caseworker, you should discuss your concerns with the supervisor. The person whom CPS believes to be responsible for the abuse or neglect has the right to request an administrative review of the investigation findings, unless a court has upheld the findings. You can ask the caseworker or the supervisor for a form on which to request such a review. If court proceedings are pending, CPS postpones the review until the court proceedings have been completed. The person who is alleged but is not found to have committed abuse or neglect has the right to request that information concerning his or her alleged role in the case be removed from the investigation case information. You can ask the caseworker or supervisor for a form on which to request role removal.

The Texas Department of Family and Protective Services (DFPS) Office of Consumer Affairs handles case-specific complaints relating to programs including Child Protective Services, Adult Protective Services, and Child Care Licensing. You may contact the Office of Consumer Affairs at the following numbers: toll free 1-800-720-7777, fax (512) 339-5892, or e-mail address oca@dfps.state.tx.us

References

Go to References to the law in this pamphlet are primarily from the Texas Family Code, Chapter 261, Investigation of Report of Child Abuse or Neglect; Chapter 262, Procedures in Suit by Governmental Entity to Protect Health and Safety of Child; Chapter 263, Review of Placement of Children under Care of the Department of Family and Protective Services; the Texas Administrative Code and the CPS Handbook. For additional information about the Texas Department of Family and Protective Services, visit our web site.

Go to The Americans with Disabilities Act Compliance Coordinator can be reached at:
Texas Health and Human Services Commission Civil Rights Office
701 W. 51st St., Suite 104 West
Austin, Texas 78751
(512) 438-4313 or 1-888-388-6332
TDD for persons with hearing impairments (512) 438-2960

Go toThe National Domestic Violence Hotline
1-800-799-SAFE (7233)
TDD for persons with hearing impairments 1-800-787-3224
Family violence is an act by a member of a family or household against another member of the family or household that is intended to result in physical or emotional harm, and it is against the law in Texas. The first step in stopping domestic violence is to recognize it when it happens. It’s hard to accept that you may be battered by someone you love. Still, you may be a victim of family violence if:

  • you are being pushed, shoved, slapped, bruised, kicked, strangled, or threatened with a weapon;
  • you are verbally attacked or accused ;
  • your possessions are intentionally damaged;
  • you are not allowed to come and go as you wish;
  • you are being followed, harassed, or spied upon;
  • you are forced to have sex or perform a degrading sexual act;
  • you are kept in isolation.

In families where battering occurs, the rate of child abuse or neglect is 15 times higher than the national average. Children may be hurt indirectly when their parent is abused or may be injured trying to protect their parent.

Domestic violence victims are men, women, and children. Nationally, reports of domestic disturbances involve almost equal numbers of female and male perpetrators. However, women are 5 to 8 times more likely to be killed by an intimate partner then men. In the year 2000, law enforcement reported more than 175,282 incidents of family violence in Texas, with 104 women killed by their intimate male partners. No one deserves to be abused. If something about your relationship frightens you, or if you or someone you know is suffering abuse in a relationship, please call the National Domestic Violence Hotline. The CPS caseworker providing you with this brochure may also have information on additional community resources.

Go toTexCare Partnership
Children’s Health Insurance to Fit Your Budget
1-800-647-6558
TexCare Partnership is a children’s health insurance campaign developed especially for Texas families. Its purpose is to provide health insurance for children age newborn through 18, at a price that fits the budgets of Texas families. Most families will pay no more than $18 per month to insure all of their children. Rates are flexible and are based on the number of people in your family and your family’s income and expenses. Application to TexCare Partnership will not affect your immigration status.