Child Protective Services
If you are working Child Protective Services case, you are already aware of the financial toll that the case is taking on your finances. CPS cases are often very expensive to resolve because there is almost no limit to CPS resources and CPS has no concept of the potential tragedy occurring due to their actions. When you contact Brown & Sullivan, we will help you understand your options, and work with you to create a plan to meet and contest the Child Protective Services onslaught.
Although anger is a typical reaction when an outsider intrudes on your private life, it can also negatively affect your case. If the CPS contacts you, call us. We work with clients, their case worker and supervisor to create solutions that address the concerns of all parties involved.
Call (281) 372-6462 to discuss your options with experienced attorneys.
The Three Most Important Things to Keep in Mind if you are Targeted by TDFPS/CPS
1) Keep Quiet! There is no such thing as a casual or “off the record” conversation with a TDFPS investigator.
2) Take the accusation seriously! Your family’s stability IS at risk.
3) Although you have the right not to let a CPS investigator into your home without either a warrant or a court order, your failure to do so could lead to court involvement. Therefore, you should contact an attorney immediately upon learning that your family is a target.
Do I need a lawyer if CPS isn't looking to terminate my parental rights?
Call 281-372-6462 or email the experienced CPS attorneys at Brown and Sullivan PLLC for a free consultation. We understand how traumatic CPS involvement can be, and we will fight for you to keep your children.
What is a "Show Cause", "Adversary" or "Initial" Hearing?
The Terms “Show Cause Hearing”, “Adversary Hearing” and “Initial Hearing” are used interchangeably.
At the adversary hearing the Court decides whether or not to return your child after CPS has removed your child from your home. If the Court finds that there is a continuing danger to the physical health or safety of your child it will name CPS as the Temporary Managing Conservator. Essentially, this means that CPS has temporary custody of your child.
At an adversary hearing the court decides whether CPS has enough reason to remove your child from your home. This hearing is the only time that you will get to challenge the reasons why CPS became involved in the first place. This is because later during a termination trial, CPS will bring up other evidence that often overshadows the reasons for their initial involvement. For example, even if CPS did not have legitimate reasons to initially remove your child, it can still seek to terminate your parental right based solely on your failure to complete court ordered services (Fam. Code. §161.001 (O)).
THAT’S RIGHT – EVEN IF YOU DID NOTHING WRONG, YOUR RIGHTS CAN BE TERMINATED DUE TO YOUR FAILURE TO COMPLETE A PARENTING OR SERVICE PLAN.
What are the grandparents' rights?
Grandparents’ rights are the rights of grandparents to visit with or gain custody of their grandchildren. However, these rights are neither automatic nor absolute. If a lawsuit has been filed, it is up to the Judge to decide whether a grandparent has a legal interest in the case and if placement with the grandparent is in the children’s best interests.
If a Suit to Terminate Parental Rights has been filed, it is important that you to act quickly because if your grandchildren are in foster care, they are at risk for being adopted. The younger the child, the greater the risk.
But, remember, Grandparents do have rights under the Family Code. If you are interested in getting your grandchildren out of the “system” call 281-372-6462 or email the experienced CPS attorneys at Brown & Sullivan PLLC for a consultation. We understand how traumatic CPS involvement can be, and we will fight to help you keep your family together.
How long does a CPS case last?
A suit to Terminate Parental Rights can last a year with the possibility of one, six month, extension. This period can be further extended to allow CPS to monitor a child’s return.
If CPS has chosen not to file suit, there is NO LIMIT as to how long CPS can be involved in your family’s life. That means that you could be asked to sign multiple safety plans and jump through countless hoops while working with Family Based Services. It is not unheard of for families to be “working services” for a year or more.
“How can that be possible?”
The answer is simple – because there are no Court orders, your choice to cooperate with CPS is entirely “voluntary”, even though it doesn’t feel like it.
To make matters worse, most Family Based Service Workers will give parents a false sense of comfort by telling them that they do not need to hire an attorney because their children will be able to return home once the service plan is completed. If your Case Worker tells you not to worry keep in mind that the Worker works for CPS and not for you. The Worker is not going to tell you that additional tasks may be added onto the original plan or that if they learn additional information during the course of their involvement, completion of the services is not a guarantee that CPS will simply step away.
Call 281-372-6462 or email the experienced CPS lawyers at Brown & Sullivan PLLC for a consultation. We understand how traumatic CPS involvement can be, and we will fight to help you keep your children.
Can CPS take my children if I am a victim of domestic violence?
Technically, YES. A mother’s rights can be terminated when there are allegations of domestic violence against the mother. However, because this dually punishes mothers, allows criminal prosecutors to blackmail women into cooperating with criminal prosecutions, and is supported by controversial and often conflicting evidence – it is not clear that such exposure actually causes emotional damage to children – any attempt by CPS to remove children based solely on allegations of domestic violence against the mother must be met by swift action. By consulting an attorney early on, you may be able to prevent CPS from being named your children’s Temporary Managing Conservator in such a case.
Call 281-372-6462 or email the experienced CPS attorneys at Brown & Sullivan PLLC for a consultation. We understand how traumatic CPS involvement can be, and we will fight to help you keep your children.
Should I call CPS if I notice that family members are not treating their children properly?
Calling CPS should be viewed as an option of last resort, as a call to CPS can generate unwanted intrusion not only into the life of the target of the complaint, but also the lives of that person’s extended family. By consulting with an attorney first, a family can learn about alternative ways to protect their loved ones without the need for governmental intrusion.
Call 281-372-6462 or email the experienced CPS attorneys at Brown & Sullivan PLLC for a free consultation. We understand how traumatic CPS involvement can be, and we will fight to help you keep your children.