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What Triggers CPS to Take Your Child

The Initial Steps When CPS Takes Your Child in Texas

Immediate Threat to Safety:
CPS can remove a child from a home if there’s an immediate threat to their safety or well-being. This includes situations involving physical abuse, emotional abuse, neglect, substance abuse, or unsafe living conditions. It’s important to understand what constitutes an immediate threat to safeguard your family.

Court Order for Removal:
In certain cases, CPS may need a court order to remove a child. However, if the situation is deemed urgent, they can act without a court order for emergency removal. This is a critical moment when having legal counsel is crucial to prevent unjustified removal.

What Happens When CPS Takes Your Child?

Emergency Removal Process:
In emergency situations, CPS will act swiftly, often without notifying parents beforehand. This involves a CPS caseworker taking the child to a temporary foster care placement or with a family member. Parents typically have no immediate say in this decision.

Temporary Foster Care:
Once the child is removed, CPS places them in temporary foster care, a relative’s home, or another designated safe place. The investigation continues during this time, and you will need to work with your attorney to ensure your rights are not violated.

The CPS Investigation Process

What Happens After Your Child is Removed by CPS?

The First 72 Hours:
CPS has 72 hours to initiate a court hearing after removing your child. This hearing determines whether the child should remain in CPS custody or be returned to the home. If the judge decides the child should stay in care, CPS may file for temporary custody.

Temporary Orders:
If CPS seeks continued custody, a hearing will take place where parents may present evidence and argue for their child’s return. If the judge agrees with CPS, temporary orders may be set, including restrictions on parental contact or requirements to take specific actions like counseling.

Case Plan and Family Plan of Service

Safety Plans:
If CPS identifies any safety concerns, they may create a safety plan to ensure the child’s well-being during the investigation. Parents are usually required to follow specific steps, such as attending counseling or taking parenting classes, to reunite with the child.

Family Plan of Service:
A more comprehensive plan may be developed by CPS to address issues like substance abuse, neglect, or other familial concerns. This plan will outline the steps parents must take to improve their situation and demonstrate their ability to safely care for their child.

Understanding Your Legal Rights

Your Rights During the CPS Process

Right to a Lawyer:
You have the right to legal representation during the CPS investigation. A dedicated CPS lawyer can guide you through the process, ensuring your rights are respected and defending your parental rights.

Right to a Hearing:
If your child is removed, you have the right to contest the decision at a court hearing. At this hearing, you can present evidence to show why your child should be returned.

Right to Be Informed of the Investigation

Access to Case Information:
You are entitled to know the specific allegations and the evidence CPS has gathered against you. Having this information helps you respond effectively to the claims made by CPS.

Witnesses and Evidence:
You have the right to challenge the evidence CPS gathers and to call witnesses in your defense. Your CPS attorney will help you build a strong case to dispute unfounded claims.

The Role of the Judge

The Court Hearing and What Happens Next

Initial Hearing:
At the first court hearing, the judge will decide whether CPS should maintain temporary custody of your child or whether they should return home. A Texas CPS defense attorney will help you present your case and protect your rights during this crucial stage.

Subsequent Hearings:
Following the initial hearing, there may be additional hearings to review the progress of your case, including any safety plans or changes to your custody arrangements. It is critical to continue fighting for your child’s return.

The Importance of a Family Lawyer in Court

Legal Representation at the Hearing:
Having trusted legal representation at the hearing is vital to ensure that the evidence is presented effectively and that your parental rights are defended.

Fighting for Custody:
Your lawyer will advocate for your right to regain custody, challenge unfavorable claims, and ensure that the judge considers your efforts to improve your family’s situation.

When CPS Decides to Pursue Long-Term Foster Care or Adoption

What Happens if CPS Decides Not to Return Your Child?

Extended Foster Care:
If CPS deems the child’s safety cannot be guaranteed in the home, they may extend the foster care period until they believe it is safe for the child to return. CPS may also look into adoption in extreme cases.

Termination of Parental Rights:
In severe situations, CPS may seek to terminate your parental rights. If this happens, Texas CPS defense lawyers can help you challenge this decision in court and fight for your right to remain in your child’s life.

Court Decisions and Appeals

Appealing CPS Decisions:
If CPS has decided to keep your child in foster care or terminate your parental rights, you can appeal their decision in court. Your lawyer will help you navigate the complex appeal process and fight for your rights.

The Appeal Process:
With the help of a trusted CPS defense lawyer, you can challenge the court’s decision and present new evidence to strengthen your case for custody.

Taking Steps to Reunite with Your Child

 What You Can Do to Get Your Child Back

Taking Steps to Reunite with Your Child

Complying with the Family Plan of Service:
If CPS provides a family service plan, it’s crucial to comply with their instructions, such as attending therapy, counseling, or parenting classes. Demonstrating that you are willing to work with CPS can help reunite your family sooner.

Gathering Evidence:
Collect supporting evidence that shows you are actively participating in the service plan. This may include certificates of completion, proof of stable living conditions, and character references that attest to your parenting abilities.

The Importance of Family Support

Working with Support Systems:
Engage with family, friends, and community support programs to demonstrate your commitment to improving your situation. A strong support system can make a big difference in court.

Preventing Future CPS Involvement

How to Protect Your Family Moving Forward

Staying Informed About Your Rights:
Educate yourself on your parental rights and stay informed about any changes to CPS laws that could affect your family.

Seeking Legal Counsel Before CPS Involvement:
If you suspect CPS involvement, contacting a trusted CPS lawyer can help you take preemptive action, protecting your family before the situation escalates.

Long-Term Solutions for Family Stability

Counseling and Support Programs:
Continue participating in counseling or parenting programs even after your child returns. This demonstrates your commitment to keeping your family healthy and safe.

Protect Your Family’s Future – Contact a Trusted CPS Defense Lawyer Today

If CPS has taken your child, or you fear they may soon, immediate action is essential to protect your rights and your family’s future. Contact our experienced CPS defense attorneys in Houston, The Woodlands, Katy, or College Station for a free consultation. We’ll guide you through the process and help ensure that your parental rights are defended.