CPS Litigation

Child Protective Services Lawyer in Victoria County

Caring Representation for CPS cases in Texas

Child Protective Services, or CPS, is a government agency which acts to ensure the safety of children and uphold the laws regarding them, investigating reports of child abuse, neglect, exploitation or abandonment and they can remove a child if they suspect they are in danger. More often they will work within the family to ensure the safety of the child or arrange for social services to provide additional help. Unfortunately, rather than helping families stay together by becoming safer and more stable, the services CPS provides today can often become punitive, instilling fear into families and children and tearing them apart. 

If you find that your rights and your children’s rights are being violated by CPS investigators, caseworkers or supervisors, The Pall Law Firm PLLC will passionately fight to defend you, untangling the red tape and confusion surrounding your case.

To request a confidential case evaluation, give us a call today at (361) 298-3435.

What CPS Can and Cannot Do in Texas

Regardless of who filed a report with the agency or whether it is actually true, it is CPS's job to investigate that report. They have the authority to gather information in many different ways. It is important to know which actions CPS can and cannot legally take in Texas so that you can know when your rights are being violated.

In Texas, CPS can legally take the following actions:

  • CPS can investigate every anonymous claim that is made, even if it's completely false.
  • CPS can show up at your home unannounced.
  • CPS can meet and speak with your child without your permission and without you present, and they may order medical, physical, or sexual abuse examinations of your child.
  • CPS can ask you invasive questions, and the answers you provide can be used against you in a court of law.
  • CPS can question any other people who may aid in their investigation, including teachers, relatives, neighbors, doctors, etc.
  • CPS can inspect your home, take pictures, and access copies of records and police reports involving your child.
  • CPS can demand that you follow a “safety plan” or “service plan.” 
  • CPS can remove your children from your home, and as a last resort in some cases, terminate parental rights.

It is illegal for CPS to do the following in Texas:

  • CPS cannot force you to take a drug test without your consent or a court order.
  • CPS cannot force their way into your home.

What Are My Rights When Dealing with CPS?

If you are under investigation by Child Protective Services, you probably have a lot of questions about how to help your case. You may also not be aware of exactly what your rights are and what you should and should not do during an investigation. 

In Texas, you have the following rights during a CPS investigation:

  • If you do not speak English, you have the right to an interpreter. 
  • You have the right to remain silent and politely decline to answer questions.
  • You have the right to an attorney.

Can You Deny CPS Entry in Texas?

Yes, you have a right to decline entry into your home if CPS does not have a search warrant or court order. If an investigator shows up and asks to come inside, you can politely say “no” and invoke your Fourth Amendment rights. However, keep in mind that the investigator may see this as an attempt to hide something or as a sign of uncooperativeness. We advise that you get in touch with an attorney at our firm as soon as possible for guidance on how to best navigate this aspect of your case.

The Pall Law Firm PLLC stands ready to provide you with the compassionate representation you need to pursue a favorable outcome to your case. To request a case review with our Victoria County CPS attorney, call us today or contact us online.

  • “I had a family member use Ashley for a legal situation, and she was very professional in the entire situation. I would highly recommend her to friends if that were seeking legal advice.” - Mariah L.
  • “She followed up on everything that she stated she would follow up on, and kept in contact on everything. Very realistic about the outcome.” - Dawn L.
  • “She is more concerned about the client and is very compassionate. She always has the best interest for her clients.” - Nicole P.