Frequently Asked Questions: CPS Investigations And Steps That Come After

In this article, you can learn about:

• How to prepare for a CPS investigation.
• The kinds of hearings that take place in a CPS investigation.
• How soon to expect the return of your children if you win your case.

How Can You Prepare For A CPS And Law Enforcement Investigation?

If more people had the chance to receive legal counsel before they met with CPS or law enforcement, my legal practice would look very different. I would love the opportunity to prepare my clients for this interaction ahead of time. However, I rarely get that opportunity.

Most of the people who come to me with CPS cases only do so after they have talked to case officials and have said a variety of things that may or may not be helpful to their side of the case.

If you are reading this and have not yet spoken to CPS or the police, it is advisable to reach out to an attorney immediately. If you call my office, we can discuss the facts of your case at length, take a look through all the evidence we have, and talk about a strategy based on what has occurred.

Once Children Are Taken By CPS Or Law Enforcement, How Soon After Do You Get A Hearing?

If children have already been removed from the home prior to the hearing, then that would be considered an emergency removal. There would be a hearing within 14 days unless the parties agreed to extend the emergency order.

What Kind Of Different Reviews And Hearings Take Place In A CPS Case?

An “adversary hearing” begins the legal case itself. It happens within 14 days of the removal of the children. Next, a “status hearing” will be held within 60 days of the adversary hearing. Finally, “permanency hearings” occur every 120 days throughout the case.

If the case proceeds to trial, then you’re looking at both a pretrial hearing and then a trial as well.

Will Experts Such As Doctors, Therapists, Or Other Professionals Be Used To Help Get Your Children Back?

Experts such as doctors, therapists, and other professionals can be used to your benefit in a CPS case.

For example, say there is a situation where the child has broken bones, bruising, or some other sort of trauma that is the basis of the CPS investigation or removal.

If there are medical records that indicate the child has a disease that causes bruising and an increased risk of bone breakage through normal play or normal living, it would be incredibly useful to have an expert who can testify to that fact.

Other experts would be useful to show that a child’s been in counseling for any emotional concerns that might be raised in a CPS case.

Can A Parent Or Guardian Who Loses At The CPS Hearing File An Appeal?

After a case ends, a trial decision is absolutely appealable. Parental rights terminations are considered an accelerated appeal and that notice of appeal has to be filed within 20 days of the decision to terminate.

It is rare to appeal at the adversary hearing level. However, if necessary, we would look to appeal through one of two ways:

• A writ of mandamus
  • This is a legal command for the court to do something—if the court is not acting,
• An interlocutory appeal,
  • This is a request for an order before a final judgment is passed.

Will My Children Be Returned To Me Immediately If I Win The CPS Hearing?

If you win a CPS case at any stage of any hearing, your children will be returned to you immediately.

If you are at the adversary hearing stage and the court finds that there is no need to remove the children, they would be returned.

If you are at the end of a CPS case and at trial it is determined that the children are to be returned, they should be returned immediately.

When Does A CPS Case Come To An End In Texas?

If, after an adversary hearing, the court finds that there was no reason for the children to be removed and they are returned to you, that would be the end of the case.

If the case has proceeded on a service plan, and children had been returned on a monitored return, then the case would end during the monitored return.

However, you should absolutely expect frequent check-ins by both CPS and CASA, (Court Appointed Special Advocates).

If the court has signed an order saying that the case is now closed, all the other parties are dismissed, and the parent is now the managing conservator of the child, you should not expect any check-ins.

If you do notice that someone tries to perform a random check-in without a new investigation, you should contact an attorney immediately.

For more information on Preparing Clients For Investigation By CPS, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 865-3803 today.