Montgomery County CPS Lawyers

Highly Skilled Trial Attorneys Who Have Handled Over 1,000 Cases Against Texas Child Protective Services

One of the most intimidating experiences for a parent is a visit from Child Protective Services (CPS). If you are facing an unexpected investigation from CPS or have other questions about the process and how to appeal a possible claim against you, contact our CPS attorneys at Steinmann Law Firm immediately. We have handled over a thousand CPS cases throughout our career, and we are particularly experienced in pushing forward CPS appeals. When you are facing something as serious as a CPS investigation, you need a lawyer who knows how to fight for your rights and strategize an appeal.

Work with a winning trial lawyer on your CPS appeal today. Contact Steinmann Law Firm for an initial consultation to get started.

What Is Child Protective Services (CPS)?

Child Protective Services (CPS) is the department responsible for investigating charges of child abuse, neglect, or exploitation by parents or other family or household members. All reports of child abuse are investigated by CPS. If you are facing a visit by CPS, it is likely because someone has reported that your child is being abused or neglected.

What is Included in a CPS Investigation?

A CPS investigator may do the following while forming their report:

  • Interview the child that has allegedly been abused or neglected. The interview must be audio recorded or videotaped and may be held at any reasonable time and place, even at the child’s school.
  • Make a reasonable effort to inform you about any interviews that have been conducted and the nature of the allegations within 24 hours of an interview.
  • Discuss the report with you to obtain an explanation of any injuries, safety concerns, or risk of abuse or neglect to the child.
  • Obtain the criminal history of people alleged to have abused or neglected your child, as well as of other caregivers and household members.

Depending on the case, the investigator may also interview other children in the home and visually examine those children for signs of physical abuse or neglect. They may also request access to mental health records on your child, yourself, or people alleged to have abused or neglected your child. If it is needed to discover abuse or neglect or a risk of abuse or neglect, the investigator may also request a medical, psychological, or psychiatric examination of your child.

Individuals who may be believed to have information about the situation, including those who can verify explanations of the harm to your child, may also be interviewed. 

What CPS Can and Cannot do in Texas

As a resident of Montgomery County, Texas, it's important to understand what Child Protective Services (CPS) can and cannot do in order to protect your rights and ensure the best possible outcome for your family. Steinmann Law Firm is committed to providing reliable guidance in matters related to CPS in Texas. Here's an overview of what you should know:

What are my rights with CPS in Texas? 

When dealing with CPS in Montgomery County, Texas, you have certain rights as a parent or guardian. These include the right to:

  • You have the right to be informed. 
    • CPS must inform you of the allegations against you and the purpose of their investigation.
  • You have the right to legal representation. 
    • You have the right to seek legal counsel from experienced attorneys, like those at Steinmann Law Firm, who specialize in CPS cases.
  • You have the right to participate in hearings. 
    • You have the right to attend and participate in any meetings or hearings related to your case.
  • You have the right to present evidence. 
    • You can present evidence, such as witnesses or documentation, to support your case or dispute any allegations.
  • You have the right to appeal decisions. 
    • If you disagree with CPS's decisions or actions, you have the right to appeal through the appropriate legal channels.

CPS Violations in Texas

CPS is tasked with protecting the welfare of children in Texas, but they must also operate within certain boundaries. 

Some examples of CPS violations in Texas include:

  1. Unlawful removal of a child. 
    • CPS cannot remove a child from your custody without a court order or an emergency situation where the child is in immediate danger.
  2. Inadequate investigation. 
    • CPS must conduct thorough investigations and gather credible evidence before making decisions that impact your family.
  3. Violations of parental rights. 
    • CPS should respect and protect your parental rights throughout their involvement, ensuring that you are given a fair opportunity to address any concerns.
  4. Lack of communication on the progress of your case.
    • CPS is required to keep you informed about the progress of the case and any decisions being made.
  5. Failure to provide reasonable accommodations. 
    • CPS should make reasonable efforts to accommodate families and work toward reunification, such as providing appropriate services or support.

If you believe that CPS has violated your rights or acted improperly in Montgomery County, Texas, it is crucial to consult with a knowledgeable attorney at Steinmann Law Firm. Our Montgomery County CPS lawyers can assess your situation, provide legal advice, and advocate for your rights and the best interests of your family when dealing with CPS.

Appealing a CPS Case

CPS investigators and caseworkers may order several different remedies, depending on the severity of the case. For one, they may refer parents to services that can help them learn to better care for and discipline their children in ways that do not harm them. 

Such services might be: 

  • Counseling 
  • Daycare 
  • Homemaker services 
  • Treatment 
  • Parenting courses

When Does CPS Remove a Child From the Home?

The Department of Family and Protective Services (DFPS) may remove children when they have determined it is more likely than not that child abuse or neglect has occurred, and removing the child is necessary to protect them. They will order a removal when there are no other reasonable efforts that can keep children safe in their homes (e.g., the parent is unable to make the changes needed to keep the child safe). 

Does CPS Have to Get a Court Order to Remove a Child?

The DFPS can remove your child with a court order or without a court order. In every case, though, a judge will schedule a hearing within 2 weeks of the removal. 

You have the right to appeal a determination from the CPS within 30 days of the finding. CPS can decide to change the determination in your favor or decline your appeal, in which case you have another 30 days to appeal that decision in a hearing with an administrative law judge in the Office of Administrative Hearings.

Call Now for Experienced Representation in Your CPS Case!

Our trial lawyers at Steinmann Law Firm are highly skilled in appeals and have resolved thousands of CPS cases in Texas. The consequences of a CPS determination are serious, as these records could impact your child custody arrangement, among other aspects of your life. We will fight hard to appeal the findings of a CPS investigation and protect you against harmful allegations threatening your parent-child relationship. We have won many cases throughout our career and are especially experienced in CPS cases.

Schedule an initial consultation with our CPS lawyers at Steinmann Law Firm to discuss your legal options. Let’s appeal the findings against you and protect your parental rights.

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