San Antonio Attorney Protects Parents Facing Child Protective Services Investigations
Providing counsel to prevent break up of families by CPS in Texas
Texas Child Protective Services (CPS) is a state agency charged with preventing and countering child abuse and neglect by parents and guardians. But a CPS investigation can pose a danger to families even if no provable offense has occurred. When CPS is alerted to possible improper treatment of children, its investigators, out of an abundance of caution, may conclude that the suspicion is valid and take precautionary action, such as removing children from their homes. When that happens, family relationships may be irreparably harmed. If you face a CPS investigation, Kevin L. Collins, P.C. will act swiftly to protect your family from these consequences.
How Child Protective Services investigations work
Everyone in Texas has a duty to report child abuse or neglect if they suspect it has occurred. Once such a report is made, CPS is charged with investigating it. CPS must find out whether a child is endangered by:
- physical violence
- sexual assault
- insufficient food or medical care or supervision
- living with drug users
- having access to firearms
CPS must also determine if the child is in reasonable danger of continued abuse or neglect in the future. Even in less dangerous circumstances, CPS may identify concerns about the child’s home environment or the care the child receives.
An investigation normally takes 30 days. If CPS concludes that your child is not safe, it can:
- Ask you to attend a family team meeting to discuss how to make the child safe
- Ask you to agree to a safety plan
- Ask you to agree to place the child with a voluntary caregiver, who may be another family member or a friend, until it’s safe for your child to return home
- Ask a court to remove your child from the home and place the child in foster care
- In an emergency situation, remove the child without waiting for a court action
You are not required to agree to a family team meeting, safety plan or placement with a voluntary caregiver but if you refuse, CPS may begin proceedings to remove the child from your home.
If CPS launches an investigation of your family, you have the right to an attorney. As your counsel, I will monitor the investigation, offer evidence that your child is safe and raise all pertinent arguments regarding your parental fitness.
What happens if CPS decides to remove your child?
If CPS seeks to remove your child from your home, the court must hold a hearing at which your attorney may contest CPS’s evidence and present positive evidence in your behalf. The court may order removal to foster care or a voluntary caregiver and may order you to comply with a safety plan as a condition for the child’s return. As your counsel, I will present a vigorous defense at the hearing with the goal of keeping your family unit intact. I can also provide a criminal defense to any charges of child endangerment or abandonment.
Contact a San Antonio Child Protective Services investigations attorney for more information
If you are currently the subject of a CPS investigation or are contesting the removal of your child from your home, reach out to Kevin L. Collins, P.C. in San Antonio, Texas. Contact me online or call me at 210-598-8629.