Houston CPS Investigation Lawyer
A CPS investigation can start with one phone call. Texas law gives you specific rights from the very first contact, and using them well can shape everything that follows.
How a CPS Investigation Starts
Most investigations begin with a report to the Texas Abuse Hotline from a school, a doctor, a neighbor or a family member, or acquaintance. An investigator from Child Protective Services (CPS) then contacts the family. They may ask to visit your home, talk with your children, speak with teachers or doctors, review records, or ask you to take a drug test.
Your Rights During a CPS Investigation
Texas law requires the investigator to tell you about your rights at the first contact. You have the right to:
- Decline to speak with CPS without a lawyer present
- Have a lawyer help you
- Record any interview or conversation with CPS
- Refuse to let the investigator enter your home or interview your child without a court order
- Have your lawyer present before CPS enters your home or interviews your child
- Refuse to release your medical or mental health records
- Refuse a medical or psychological exam of your child
- Refuse a drug test
- Talk with a lawyer before you agree to a safety plan
Using these rights is not an admission of anything. CPS can still ask a court for an order, though, so it helps to decide with a lawyer how and when to use them.
What Counts as Neglect in Texas
Since 2021, Texas law has defined neglect more narrowly. It now requires a blatant disregard for the consequences of an act or failure to act that harms a child or puts the child in immediate danger. Letting a child take part in independent activities suited to their age, maturity and abilities is not neglect on its own.
How an Investigation Ends
At the end, CPS makes a finding on each allegation, such as Reason to Believe, Ruled Out or Unable to Determine. CPS may also close the case, offer voluntary family services, or file a lawsuit to remove a child. A Reason to Believe finding can be challenged; see Reason to Believe findings.
How We Help
- Explain your rights before any interview, visit or test
- Attend interviews with you and speak for you when needed
- Review any safety plan before you sign it
- Gather records and witnesses that tell your side
- Prepare you in case the investigation turns into a court case
Many allegations turn on medical facts. Mrs. Young has been a registered nurse since 1983, and she knows how to read a medical record and question what it says. Meet Bobbie Young.
Frequently Asked Questions
Should I talk to the CPS investigator without a lawyer?
You have the right to decline to speak with CPS until your lawyer is present. Talking first with a lawyer helps you avoid statements that can be misunderstood later.
Do I have to take a drug test for CPS?
No. Texas law lets you refuse a drug test during an investigation. CPS may respond by asking a court to order one, so talk with a lawyer before you decide.
Will a CPS investigation go on my record?
A Reason to Believe finding is kept in DFPS records and can appear in some background checks for work with children. You can ask for a review of the finding in writing within 45 days after you receive notice of it.
Talk to Us Before Your Next CPS Contact
Call 713-225-6200 or fill out the form to schedule a consultation with our Child Welfare team.
Contacted by CPS? Know Your Rights First
Talk with our Child Welfare team before your next interview, home visit or drug test. Call us today at 713-225-6200 to schedule a confidential consultation.