Texas Family Law: CPS Investigation Basics

If CPS is investigating you, it is likely because someone has filed a report alleging abuse or neglect of your child. You may not even know who this “someone” is. It could be just about anyone who may have seen or interacted with your child.
Once such a report is filed, CPS is usually required to investigate the matter to verify if the allegations of abuse or neglect are true. It is the investigator’s job to gather information and determine if your child is safe. The investigator can do this by:
1. Talking to people such as doctors, teachers, neighbors, or other family members who may have information about the alleged abuse or neglect;
2. Taking pictures of your child or home;
3. Inspecting the conditions of your home;
4. Examining your child for injuries or poor health;
5. Getting copies of police reports, CPS case histories, school records, or medical records; and
6. Having a medical or psychological examination done on your child;
You can expect that CPS will talk to many different people and ask them questions about what happened. A CPS investigator will want to talk to you, as the parent, and anyone else she thinks might have been involved in or witnessed the abuse or neglect.
It is important to understand here that once an investigation is opened, the CPS investigator can look at issues that were not part of the original report, but that come to the investigator’s attention during the investigation. In other words, CPS could determine that you were not the cause of the bruises on your child’s arm; but because they found illicit drugs at your home while investigating the bruises, CPS now deems you to be an unfit parent. So, understanding this law is key when adopting a strategy of when, how and to what extent you want to voluntarily cooperate with CPS’s investigative demands.
Now let’s talk about whether CPS has the right to talk to your child. The answer is “Yes.”. A CPS investigator can interview any child who is a reported victim of abuse or neglect at any reasonable time or place, including your home, school, or daycare. However, if the investigator tries to interview your child at home, she must get your “consent” first. It is important to understand a few key points here:
1. If the child is staying with a relative or babysitter, that person can also consent to CPS interviewing the child.
2. The CPS investigator will want to talk with your child somewhere private. Most of the time, you will not be allowed to listen to or be involved in the interview.
3. If CPS wants to interview your child at school and you are not present, then the interview can happen without your consent.
4. If, however, you already refused to consent to your child being interviewed at home, CPS cannot then try to get around this by going to the school to interview your child.
5. Also, CPS should notify you within 24 hours of your child being interviewed.  
That concludes our segment for today.
Please know that the information you learn at this venue is for educational purposes only. It DOES NOT constitute legal advice. You should not act or fail to act based on this information alone. You can read all the terms of service in the “HELPFUL LINKS” section below.
LINK TO MY WEBSITE:
www.askattorneyamin.com/
HELPFUL LINKS:
Link to Amin’s Digital Download Store where you can find sample pleadings, motions, responses, notices, briefs, summary judgment filings, objections, etc:
payhip.com/askattorneyamin
DISCLAIMER: The information communicated on this channel is for educational, hypothetical or theoretical discussion purposes only. It is not legal advice. It might not reflect the law specific to your jurisdiction or locale. Furthermore, it is not guaranteed to be accurate, complete, or correct. For actual legal advice, please consult in person with an attorney of your choice. You should do this before acting [or failing to act] based on any communication received from this channel or its owner. Mr. Amin only provides legal advice or services after the execution of a fee agreement containing his handwritten signature and the handwritten signature of his client(s). Your communications on this channel are not protected by the attorney-client privilege.
NOTE REQUIRED BY STATE BAR ETHICS RULES: This channel is owned and operated by attorney Mayur Amin; whose principal office is located in Grand Prairie, Texas.

[@wretchlikeme2506]

Thanks for sharing 😊

[@highwayangel32]

Parents need to stand up to CPS because they DO NOT do their job when investigating the parents. I know first hand because CPS never spoke to me as they referred to me as the Step-Mom when I actually adopted our daughter and my name is on her birth certificate. Second, the home where they allowed our daughter to stay at, only ran a background check on 1 out of the 4 people living in the home yet they ran mine and my husband background without notice and if they cared to run my background then they should have spoken with me.
Our daughter was 17 at the time so when they closed the case because there was no abuse or neglect, just a spoiled teenager who lies and who didn't want to follow rules or do chores because she wanted to do what she wanted when she wanted and because of her age, they couldn't force her to come back home.
We found out that our daughter then moved from that house but no one knew where she went, we missed her graduating from High School (as somehow she was allowed to change school districts/school), we missed her 18th bday, holidays and still to this day, we have no idea where our daughter is. She will turn 23 in March 2024.

[@nonyabiz550]

Texas has some new laws coming into effect Sept 1st, praise God.

[@rayjulia]

i need help

[@ea4602]

I need to ask some questions please.

[@fallsbat3574]

Good video idea man but boring format. Use pictures or something next time if you want views to get your message out

[@askattorneyamin7350]

Love it! At least someone has a pulse....lol...