The Child Protective Services (CPS) division of the Texas Department of Family and Protective Services (DFPS) investigates allegations of child abuse and neglect. However, some CPS workers engage in intimidation, deception, and harassment in order to gain information and bully families they believe are uncooperative or question their authority. As a result, CPS has a reputation for “snatching” kids and targeting families in order to settle scores that have more to do with flexing CPS institutional muscle than with protecting children.
What, then, should you do if you are approached by CPS agents?
When a CPS Worker asks to Enter Your Home
If CPS workers show up on your doorstep, remain calm and don’t act upset or hostile towards them. If they ask to enter your home, politely decline: they have no right to enter your house unless they are accompanied by a police officer with a signed search warrant. If a CPS worker is working on an anonymous tip that your house is dirty or unsafe, he or she doesn’t have any evidence and won’t be able to get a court order to enter your house. If he or she has some sort of tangible evidence, a court order may granted that then allows them inside your home.
Document the Actions of CPS Agents
If a CPS worker has a court order to enter your home, try and videotape everything link to www.fdno.org/10_tips.html they do and say. At the very least, try to record what is said. Under Texas state law (Texas Penal Code § 16.02), consent is not required when recording a conversation link to www.rcfp.org/taping/states/texas.html, so long as you are party to the conversation and do not intend to use it for criminal purposes. Secondly, try to write everything down that is said – even if you have to ask the CPS worker to pause in order to give you time to record what has been said to you. Third, after each encounter with CPS workers, send them a notarized copy of your transcript and ask them to confirm or deny what is contained therein within 10 working days of receipt. If they fail to do so, your letters can be entered in as evidence should your case go to trial.
Most importantly, don’t say anything to CPS workers. If they ask you questions, simply tell them you prefer to go through your attorney. If you do not have one, tell them you will need to contact an attorney and prefer not to say anything until one is present.
CPS and the Service Plan Racket
Funding for CPS is intricately tied in to various “counseling and social health services.” These involve drug testing, drug and alcohol counseling, psychological evaluations, mental health services, and so on. Here, a CPS worker may tell you if you agree to a psychological evaluation, in-home study, or drug test to prove your innocence, your children won’t be removed from your home.
Don’t believe this non-sense for a second. In many cases, this is simply a ruse to get you entangled “in the system” so they can further complicate your life, collect more information on you, and leverage institutional power against you. To protect yourself and your children, don’t sign or agree to anything – call an experienced family law attorney and make CPS prove its case in court.
Contact Frisco, Texas CPS Attorneys at Pfister Borserine & Associates
As a parent and US citizen, you have certain rights. Don’t trust CPS workers to inform you of your rights or disclose all relevant information. To protect you and your children, contact Frisco, Texas CPS lawyers Contact Us at Pfister Borserine & Associates today.