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CPS DEFENSE

In Texas, "CPS" as is commonly known is actually called the Texas Department of Family and Protective Services (TDFPS). The Texas Family Code has various subchapters addressing the function and actions the TDFPS may take. Specially, pursuant to Tex. Fam. Code Sec. 262.001, "a government entity with an interest in the child may file a suit affecting the parent-child relationship requesting an order or take possession of a child without a court order." If the TDFPS takes a child without prior notice and a hearing, the TDFPS must show that:
  1. There was an immediate danger to the physical health or safety of the child or the child was a victim of neglect or sexual abuse and that continuation in the home would be contrary to the child's welfare;
  2. There was no time, consistent with the physical health or safety of the child, for a full adversary hearing; AND
  3. Reasonable efforts, consistent with the circumstances and providing for the safety of the child, were made to prevent or eliminate the need for the removal of the child. Tex. Fam. Code Sec. 262.102
For abuse and/or neglect, "[a] person having cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report [...]." Tex. Fam. Code Sec. 261.101(a). Furthermore, "[w]ith assistance from the appropriate state or local law enforcement agency [...], the department or designated agency shall make a prompt and thorough investigation of a report of child abuse or neglect allegedly committed by a person responsible for a child's care, custody, or welfare." Tex. Fam. Code Sec. 261.301(a). Note that "[t]he department is not required to investigate a report that alleges child abuse or neglect by a person other than a person responsible for a child's care, custody, or welfare. The appropriate state or local law enforcement agency shall investigate that report if the agency determines an investigation should be conducted." Tex. Fam. Code Sec. 261.301(c).

If CPS is involved with your family or you believe your child is being abused or neglected, contact our office today for an initial consultation.

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