A CPS worker calls you, or worse, shows up at your door. What should you do? The best thing to do is immediately call a qualified attorney experienced in dealing with CPS investigations.
CPS has a legal duty to investigate credible allegations of abuse or neglect. But just because you are “innocent” does not mean CPS won’t try to walk all over you and your parental rights.
CPS Defense Lawyers well versed in the Texas Family Code of Law
You need to know your rights, and you should also know that CPS has many legal weapons at its disposal. CPS is supposed to inform you of the nature of the accusations. CPS is not required to disclose the identity of the person who made the report to CPS. With certain exceptions, that information is confidential by law. The constitution protects against unreasonable search and seizure by the government, which some federal and state cases recognize includes government agencies like CPS. But the Fourth Amendment also has its limitations when CPS is involved and that’s why hiring qualified cps defense lawyers is a must.
The power CPS wields under the Texas Family Code means it is extremely important to speak with a qualified attorney as soon as possible. CPS is not required to notify you before it goes to Court. If CPS believes you are not cooperating with its investigation, CPS can appear before a judge, without notice to you, and ask for one of several things. First, CPS can ask for what is called an Order in Aid of Investigation, which authorizes CPS to enter your home in order to speak with and photograph your children, among other things. Second, under certain circumstances, CPS can even ask for emergency temporary conservatorship (“custody”) of your children, again without telling you.
In short, burying your head in the sand will not make CPS go away. In fact, it could turn an investigation into a court case. At Connolly & Shireman, we are experienced in representing parents and others in CPS investigations. Regardless of what the CPS worker may tell you, if you find yourself the target of a CPS investigation, contact us right away.