CPS (Child Protective Services) CAses

The Texas Department of Family and Protective Services (DFPS) is a governmental entity that regulates Child Protective Services (CPS).

What are the phases of a Child Protective Services (CPS) investigation?

No matter where you are in the process, the experienced attorneys at Anderson Legal Group are ready to meet with you, explain your options, and help you make a plan.

1. Intake: CPS becomes involved when a report of child abuse or neglect is made on the Statewide Intake Hotline (1-800-252-5400). An intake worker then reviews the report. If certain criteria are met, the report will be sent to local investigators.
2. Investigation: The investigation stage typically begins with the investigator interviewing the child at school. This means the investigation has often already begun before parents are aware the intake has been made. Learning that a stranger met with your child at school can be stressful. Take a deep breath and don't question your child about the conversation. The best course of action after learning that Child Protective Services is investigating you is to call an experienced attorney for advice. An attorney will help you determine what is in your Department of Family and Protective Services record, and what that means for your family and your case. 
3. Disposition: After an investigation is complete, CPS will make findings about whether the alleged abuse or neglect occurred. This is called a “disposition” and is very important. You should receive a letter advising you of the disposition status. Keep a copy of this letter. If you disagree with the disposition, you have a limited window to file a dispute, so you must act quickly.
4. Family Based Safety Services: Once the disposition is made, CPS may refer your case for voluntary services. This is called Family Based Safety Services (FBSS) and often involves a Safety Plan. Consult an attorney with a background in CPS to protect your rights and duties while these plans and services are in place. 
5. Conservatorship / Legal Removal: In some cases, CPS may pursue legal intervention. This is called a “legal removal” and results in the child being placed either in foster care or with an approved family member or family friend. A CPS case can only last for twelve months (or eighteen months in some cases with the Court’s permission), and at the end of the case, CPS may seek to terminate your parental rights to the child. Therefore, you must take the process seriously.
6. Appeal: The type of appeal available will depend on what stage of the case you are in. If CPS has made a “Reason to believe” (RTB) finding, they have determined there is evidence that abuse or neglect occurred. You have a very limited timeframe to appeal the finding. In some cases, a review of your case (called the Administrative Review of Investigation Findings or “ARIF”) will only take place if you request it and meet certain eligibility requirements. You must act quickly to preserve your parental rights.