CPS has taken my children, what do I do?

CPS has taken my children, what do I do?

CPS has taken my children, what can I do?

Child Protective Services is given a lot of authority in the Texas Family Code to remove children from homes that CPS investigators deem as unsafe. CPS cases are initiated after CPS receives a report of child abuse or neglect. The report can come from a variety of sources, such as a treating doctor, a police officer, a school teacher, or in some cases a person with a grudge against the child's parents.

When CPS receives the report of child abuse or neglect they will attempt to investigate the facts of the report. This is an important time life of a CPS case. Most people will attempt to cooperate with the CPS investigation, and not realize that everything they say to the CPS investigator will be used in an effort to remove their children from their home. This is a critical time for any person that is being investigated by CPS to hire legal counsel that is experienced in defending CPS cases.

At this point in time CPS will remove your children if you tell them too much information that might lend any credibility to the child abuse allegations, or they will remove your children if you attempt to not cooperate with their investigation of child abuse. CPS investigators will attempt to bully parents into voluntarily giving up custody of their children by threatening to place the kids in foster care. What the CPS investigators fail to mention to parents is that they are REQUIRED to first try to place children with relatives of the parents, not into foster care. But if parents do not know this, they will fall for the CPS investigators threats out of fear of their kids being placed in foster care.

It is actually fairly easy for CPS to get custody of your children if you are not proactive in defending yourself. If CPS decides they want custody of a child, they will draw up an affidavit describing the alleged abuse, they will go to court with their lawyers (usually without informing the parent of the court date), and they will tell the judge the facts only most favorable to their case to remove your kids.

Once CPS has this court hearing, they will get the judge to sign an order to remove your children and place them with someone else. From the date CPS removes your children you have ONLY 14 DAYS to prepare to fight CPS to win custody of your children back.

The Show Cause hearing will be held in 14 days to determine if there is any evidence of abuse or neglect. If a parent can win this hearing, the court will order the children returned to the parent and the CPS will be dismissed. If the parent loses this hearing, their children will usually remain in CPS custody for at least 1 year, and sometimes up to 18 months. While the children are in CPS custody, the parent will be required to take parenting classes, allow inspections of their home, participate in psychological testing, individual counseling and therapy and family therapy. If a parent refuses these services, they can have their parental rights to their children permanently terminated.

For these reason, it is critically important to hire an aggressive and experienced CPS lawyer to fight for the return of your children.

I have represented parents in CPS cases for over 10 years. I have been very successful in not only have parents children returned at the show cause hearing, but in also having CPS sanctioned with one of the largest monetary sanctions against the agency in Texas history for improperly removing children. You can read more about that case in this Houston Chronicle article.

If you are being investigated by CPS and need an experienced Houston area CPS Lawyer, please call me today.


Here at Slate & Associates, Attorneys at Law​, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation issues, child support, spousal support, juvenile, domestic violence, property division grandparent visitation and custody, etc. We have 3 Houston area locations including Deer Park, Houston, and Porter, Texas. Call our offices today and we can set an appointment with an attorney: (281) 407-9254.


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Please note, the attorneys at Slate & Associates, Attorneys at Law, are only licensed to practice in the state of Texas, and cannot assist with out-of-state cases.