I want help and information on dealing with Child Protective Services.

Dealing with CPS in Texas can be scary and stressful—for parents, children, and other family members. But if you understand the process and what your rights are, it can help you make better decisions if CPS gets involved with your family.

Dealing with CPS: An Overview [Video]

In Texas, the legal word for custody is conservatorship. When a judge orders conservatorship, the judge makes a court order. That court order lists the rights and duties of the people caring for the child. Once an order is signed by a judge, it is binding and enforceable, which means you are supposed to follow it, and the other party can take you back to court if you do not.

Conservatorship (Custody) Basics [Video]

Parents have a fundamental right—meaning, it is protected by the U.S. Constitution—to raise their children and make decisions about what is in their child’s best interest.

Information for Parents [Video]

When a child is living with someone who isn’t their parent, this person may need to do things that usually only a parent would be able to do.

Information for Non-Parents [Video]

Everyone has a legal duty to report suspected child abuse or neglect. Child Protective Services (CPS) is a part of a state agency, the Texas Department of Family and Protective Services. CPS's sole purpose is to investigate child abuse or neglect reports. By law, the person who makes the report must remain anonymous. Doctors, lawyers, therapists, and clergy are legally required to make a report if they suspect child abuse or neglect.

Yes. If CPS investigates a report and believes the child to be in danger, it can remove the child from the unsafe environment. An unsafe environment may involve physical violence to the child or another household member or sexual contact with a child. It can also involve neglect, as in the failure to provide sufficient food or medical care for the child or leaving the child without appropriate supervision. The environment is also considered unsafe for the child if members of the child’s household are using illegal drugs or if firearms in the home are not locked up and away from the child.

CPS will notify the child’s parents in writing and provide any papers filed with the court. The papers will include a written statement by the investigator stating the reasons for removal. A court hearing will be held within 14 days. At that time, the judge will decide if the child should be returned to the home, should stay with a friend or family member, or remain in CPS custody (foster care). If the judge decides not to return the child, CPS will develop a Service Plan with your input, which lists the steps you must take to address CPS’s safety concerns about the child. The Plan can also require you to attend parenting or anger management classes, complete a drug or alcohol rehabilitation program, submit to random drug testing, and other requirements. Because the court requires you to comply with the Plan, failure to do so will delay or prevent your child's return.

A CPS investigation might identify concerns about your children’s care or home environment but allow you to keep the child at home or with a relative. At the same time, you work to make recommended changes. A written agreement called a Safety Plan lists the recommended actions and may include a referral to Family-Based Safety Services to help you. No court case is filed, and you can’t be forced to agree to the Safety Plan. But if you won’t agree, or the Plan isn’t followed, CPS can file a court case and ask the court to order that you comply, take the child into custody, and file a court case.

• You have the right to talk to your CPS caseworker. Communications with the caseworker are not confidential, and anything you say can be used in court.
• If CPS has filed a lawsuit against you to take your children, you have the right to a court-appointed attorney if you cannot afford an attorney. At the first CPS hearing, ask the court to appoint an attorney to represent you.
• You have the right to deny the allegations made by CPS.
• You have the right to be notified of and attend all court hearings.
• You have the right to an interpreter if you do not understand English or are hearing impaired.

If CPS files a court case, you have only 12 months to show the court that your children can be safely returned to you. Safety Plans and Family Based Safety Services can be from 60 to 90 days or longer, depending on what is needed. If you have a Safety Plan and your child is placed with someone else, the placement should last no more than 90 days, although you can reach an agreement with CPS that it continues for six months or longer. If your child is with you and you are receiving Family Based Safety Services, the case may stay open for 6-9 months or more if services are still needed to ensure you have a safe home for your child. If CPS is investigating, the investigation must be completed within 30 days, although the deadline can be extended.

You can talk to and hire a lawyer at any time, including during the investigation stage, if you can afford one. But you are not entitled to a court-appointed lawyer during a CPS investigation. What this means is that you can have a lawyer helping you if you pay yourself, but the court does not have to give you a free lawyer until later in the CPS process, and only then if you are determined to be indigent.

Paying for a lawyer is hard for many people—lawyers can be very expensive. Organizations that offer free legal advice may be able to help, but there are not many legal aid lawyers who work on CPS cases. You can also try to find a lawyer willing to give you limited advice for a lower fee—maybe you can call and talk to the lawyer for advice, even if the lawyer does not come to CPS meetings with you. Reading this article is another way you can help yourself even if you are not able to pay for a lawyer yourself. Read Applying for Help from Legal Aid to learn about your different options.

You must meet all three requirements for a court to appoint you a free lawyer:

1. Indigency. You must be “indigent”—this means that you have a low income and cannot afford to pay for a lawyer yourself.
2. Lawsuit. CPS must have filed a lawsuit in court asking to be appointed the temporary managing conservator of your child or for your parental rights to be terminated.
3. Oppose the Petition. You must “respond in opposition” to the suit—this means you must go to court and show that you are going to fight the CPS petition.

Texas law is not specific about how much income you have to have to be considered indigent. Most courts give you a form to fill out where you will write down how much money you make each month and what your monthly expenses are like rent, utilities, daycare, and gas. You should fill out the form if you think there is any chance you might be able to have a free lawyer. One easy test, for example, is whether you get any other government benefits, like SNAP/food assistance. There is no penalty for filling out the form even if you do not end up receiving a court-appointed lawyer.

For parents who are under 18 years old, you are also entitled to a lawyer. You should make sure to ask the court for a lawyer if one is not immediately appointed to your case. Your ability to pay for a lawyer will be based on your income, not that of your parents. For more information relevant to teenage parents, start reading on page 110 of the Parent's Resource Guide.

This sample template Affidavit of Indigence and Request for Court-Appointed Attorney (Travis County - 126th District)) can be used to help you ask for a court-appointed attorney in a CPS case.

This form was developed by Travis County and is meant only as a sample template for you to use to request a court-appointed attorney in a CPS case.

• If you are in Travis County you can use this form without modifications to request a court-appointed attorney in a CPS case.
• If you are not in Travis County you can use this form as a template to produce an affidavit of indigency and request for a court-appointed attorney. You can re-type this form with your court, county, and other details relevant to your case, or use a PDF editor to adjust it.