CPS Attorney in Central Texas

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Protect your parental rights with our CPS Attorneys

Child Protective Services (CPS) was established by the Texas Department of Family and Protective Services. The agency was once responsible to promote the welfare of children by helping families establish more stable homes. Over the years, however, this purpose has eroded. Today, the agency is better known for taking children away from parents and making it almost impossible to get those children back. There are online forums telling parents to keep their cupboards stocked and their houses clean because there are few things scarier than being targeted by CPS. When the state gets involved in your family you will need the help of a qualified Texas CPS Lawyer.

Our family law attorneys bring nearly three decades of experience to the table, offering guidance and support when dealing with CPS. We are dedicated to ensuring that both your needs and the needs of your child are fully met, protecting your parents rights every step of the way. We handle CPS cases in the following counties:

A compassionate child protective services lawyer from The Carlson Law Firm is your fighting chance to get your children back. A Texas Family Lawyer for CPS investigations is ready to defend you and your children against unjust accusations and the severe actions of CPS. Our firm has nearly 50 years of experience representing families in their time of need. We deeply understand the law and will use it to defend your family. Contact a Carlson Law Firm Texas CPS Lawyer to discuss your case.

As a Veteran-Owned law firm, The Carlson Law Firm proudly represents military members in our community needing a family law attorney. We are ready to help you fight for your rights.

Legal Assistance with a CPS investigations

If someone falsely accuses you of abusing or neglecting your children, your best course of action is to consult with a Texas CPS lawyer from The Carlson Law Firm. Parents will need to prepare for an emergency hearing within three days, or prepare for an adversary hearing within 14 days.

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Clear Legal Guidance

Your CPS attorney advises on the best course of action in response to CPS’s requests or demands. For example, they may recommend cooperating with certain requests or, conversely, refusing others if they believe it could harm your case or violate your rights.

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Protecting your parental rights

Your attorney will represent you in all interactions with CPS, ensuring that your side of the story is accurately presented and that your rights are not violated during the investigation.

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Strategic Defense Against Allegations

Our legal team offers strategic defense against CPS allegations, working to achieve the best possible outcome for you and your family.

CPS Attorney FAQs

When CPS receives a report of abuse or neglect, they assess the situation to determine if an investigation is needed. If so, CPS will initiate an investigation, which may include visiting the child’s home, interviewing the child and family members, and gathering information from other sources like teachers or doctors.

You are not legally required to allow CPS into your home without a court order. However, refusing entry could lead CPS to seek a court order if they believe the child is in danger. It’s important to consult with an attorney before making this decision to understand the potential consequences.

During a CPS investigation, you have the right to be informed of the allegations against you, the right to refuse entry to your home without a court order, the right to remain silent, and the right to have an attorney present during any interviews or meetings with CPS.

CPS can remove a child from your home without your consent if they believe the child is in immediate danger. However, they must obtain a court order within a short period to continue holding the child, and you will have the opportunity to challenge the removal in court.

The outcomes of a CPS investigation can include a finding that the allegations are unfounded, a determination that services are needed to protect the child, or, in severe cases, a recommendation for removal of the child from the home. CPS may also close the case if they find no evidence of abuse or neglect.

A Central Texas CPS attorney can provide legal representation, protect your rights, guide you through the investigation process, challenge CPS’s findings or actions, and advocate for your interests in court. They can also help you understand your rights and responsibilities and work toward the best possible outcome for your family.

 

Yes, CPS can close a case without taking further action if they determine that the child is not at risk and that there is no evidence of abuse or neglect. Once a case is closed, no further investigation or action will be taken unless new concerns arise.

Our CPS Attorneys

Steve Walden is a family law attorney in Texas and Florida
Steve Walden

Partner

Cassandra Golder is a family law attorney in Central Texas.
Cassandra Golder

Partner

Cheryl Powell is a family law attorney in the Austin area.
Cheryl Powell

Partner

Roxanne Martin is a family law attorney based in The Carlson Law Firm's Temple, TX office.
Roxanne Martin

Associate

Alejandro Lopez is a bilingual family law attorney serving Central Texas.
E. Alejandro Lopez

Associate

Emily Spjut is a family law associate at The Carlson Law Firm in Round Rock, TX.
Emily Spjut

Associate

Common reasons CPS May Visit a Family

Reports of Child Abuse or Neglect

CPS may visit if they receive a report alleging physical, emotional, or sexual abuse, or neglect of a child. These reports can come from teachers, doctors, neighbors, or other concerned individuals.

Concerns About the Child’s Living Conditions

If someone reports that a child's living conditions are unsafe or unsanitary—such as a lack of food, electricity, or proper shelter—CPS may investigate to ensure the child’s safety and well-being.

Suspected Substance Abuse by Parents or Guardians

CPS might visit if there are concerns that a parent or guardian is using drugs or alcohol in a way that negatively impacts their ability to care for the child, especially if substance abuse is occurring in the child's presence.

Medical Neglect

If a child is not receiving necessary medical care, such as not being taken to the doctor when sick or failing to provide essential medications, CPS may investigate to ensure the child's health needs are being met.

Educational Neglect

CPS may visit if a child is not attending school regularly or is being denied access to education. This can include situations where a child is frequently absent or where homeschooling is not meeting state educational standards.

Domestic Violence in the Home

Exposure to domestic violence is considered harmful to children, and if CPS receives reports of domestic violence in the home, they may visit to assess the risk to the child and determine if intervention is needed.

Six Ways to Prepare for a CPS Visit

Preparing for a visit from Child Protective Services (CPS) can be a stressful and overwhelming experience, especially when your family’s well-being is on the line. However, taking proactive steps can help you navigate the process with confidence and ensure that your rights and your child’s safety are protected. By consulting with an attorney, organizing important documents, and maintaining a calm and cooperative demeanor, you can be better prepared to handle the challenges that a CPS visit may bring. Here are six key ways to prepare for a CPS visit, giving you the tools and knowledge to manage this difficult situation effectively.

Consult with an Attorney

In Texas, you can deny CPS entry to your home and reschedule the visit to give you time to prepare. Before CPS returns consult with an attorney who handles child welfare cases. They can provide guidance on what to expect, help you understand your rights, and advise you on how to handle the visit.

Organize Important Documents

Gather and organize important documents that CPS may request, such as your child’s medical records, school reports, and any relevant legal documents. Having these ready can demonstrate your commitment to your child’s well-being.

Prepare Your Home

Ensure that your home is clean, safe, and child-friendly. Check that smoke detectors are working, hazardous materials are stored safely, and that your child’s living space is neat and organized. This shows that you provide a secure environment for your child.

Know the Allegations

If possible, find out what the allegations against you are before the visit. This allows you to prepare your responses and gather any evidence or documentation that refutes the claims.

Plan Your Responses

Think through how you will respond to questions from the CPS caseworker. Be honest, but avoid volunteering unnecessary information. Stick to the facts, and if you’re unsure about a question, it’s okay to say you don’t know or need to consult with your attorney.

Stay Calm and Cooperative

Approach the visit with a calm and cooperative attitude. While the situation may be stressful, showing that you are willing to work with CPS and are focused on your child’s best interests can create a more positive impression. Avoid becoming defensive or confrontational.

Take notes on what happens during the unexpected visit, including the CPS worker’s name, what was discussed, and any requests they made. This can be useful if you need to reference the interaction later.

Tough Legal Representation to Fight for Your Children and Your Rights

Preparation for adversary hearings

CPS has the burden of proof at the Adversary Hearing. The purpose of this hearing is not to make parents prove why they should get their children back. It is actually for CPS to prove that there is a continuing risk of danger to the children if they go home with you.

According to the Texas Family Code, at the conclusion of the Adversary Hearing, the judge shall return the children to the parent, managing conservator, possessory conservator, guardian, caretaker or custodian unless the judge finds that:

  • There was a danger to the physical health or safety of the child. This may include a danger that the child would be a victim of human trafficking.
  • An urgent need for protection required the immediate removal of the child and reasonable efforts, consistent with the circumstances and providing for the safety of the child were made to eliminate or prevent the child’s removal.
  • Reasonable efforts were made to enable the child to return home, however, there is still a substantial risk of continuing danger if the child goes home.
Working with a Private CPS Attorney Can Simplify the Process

If someone falsely accuses you of abusing or neglecting your children, your best course of action is to consult with a Texas CPS attorney from The Carlson Law Firm. Parents will need to prepare for an emergency hearing within three days, or prepare for an adversary hearing within 14 days.

At The Carlson Law Firm, you will find a team of Texas Family Lawyer for CPS Investigations with substantial experience in protecting parental rights — and the rights of children — against unwarranted intrusion by the state.

What are Possible CPS Investigation Outcomes?

When an report of abuse or neglect is made, CPS will begin an investigation to determine any validity to the claims. An investigator is assigned the case and will make contact with the parents to alert them of the report filed. The investigator will interview the child(ren), family and other with knowledge to get more information about the situation and make a determination. 

At the end of the investigation, through the Department of Family and Protective Services will make a determination on each allegations. This is called a disposition. 

Possible Disposition Outcomes

  • Reason to believe: CPS believes, based on the preponderance of the evidence, that it is more likely than not that the abuse or neglect occurred.
  • Ruled out. Staff determines that is reasonable to believe the abuse or neglect has not occurred.
  • Unable to complete.  The investigation cannot be closed. This usually occurs when the family cannot be located to begin the investigation or the family refused to cooperate with the investigation. DFPS policy outlines several actions that the investigator must complete to make this disposition. 
  • Unable to determine. DFPS concludes that none of the dispositions above are appropriate. 
  • Administrative Closure. DFPS intervention is unwarranted based on the information that comes to light after the case is assigned for investigation. 

Two Alternative Outcomes

In addition to the above, there are two more outcomes that an investigator may find. 

The Children are Safe

The investigators concludes that the children are because: 

  • No abuse or neglect occurred is discovered and no threats to safety are identified in the current investigation; or 
  • The family appears willing and able to by using family and community resources to deal with safety threats and risk factors to ensure the child or children for the foreseeable future. 

Once the investigator concludes the children are not at risk, then the case may be closed. 

The Children are Not Safe

The investigator concludes the children are unsafe if: 

  • The investigator finds significant safety threats and risks factors; and 
  • The family appears unable or unwilling to use family and community resources to deal with the risk factors to ensure the safety of child or children for the foreseeable future. 

If the children are unsafe, the investigator may do the following: 

  • Offer services to address the problem. 
  • Refer the case for Family-Based Safety Services. 
  • File a petition to initiate civil court action to protect the victim(s). Court actions could include removing the children from the home and possibly terminating parental rights. 

Two Alternative Outcomes

Investigators should make every attempt to complete investigations within 30 days from the date the initial report was received by the agency. However, supervisors can approve an extension. 

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Family Matters Handled With Care

If someone falsely accuses you of abusing or neglecting your children, your best course of action is to consult with a Texas CPS lawyer from The Carlson Law Firm. Parents will need to prepare for an emergency hearing within three days, or prepare for an adversary hearing within 14 days.

At The Carlson Law Firm, you will find a team of Texas Family Lawyer for CPS Investigations with substantial experience in protecting parental rights — and the rights of children — against unwarranted intrusion by the state.

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