Dealing with Child Protective Services (CPS) in Texas

Man working on paperwork with Scales of Justice on desk

How to Stop CPS Harassment

The Child Protective Services (CPS) division of the Texas Department of Family and Protective Services (DFPS) investigates child abuse and neglect allegations. However, some CPS workers use intimidation, deception, and harassment 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 to settle scores that have more to do with flexing CPS institutional muscle than protecting children. What, then, should you do if CPS agents approach you?

Can CPS 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 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 tangible evidence, a court order may be granted that allows them inside your home.

Document the Actions of CPS Agents

If a CPS worker has a court order to enter your home, try videotaping everything 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, so long as you are a party to the conversation and do not intend to use it for criminal purposes.

Secondly, try to write everything that is said - even if you have to ask the CPS worker to pause to give you time to record what has been said.

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 within ten 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 custody attorney. If you do not have one, tell them you must 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 into various "counseling and social health services."

These involve:

  • Drug testing
  • Drug and alcohol counseling
  • Psychological evaluations
  • Mental health services
  • And so on

CPS Drug Testing Law in Texas

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 nonsense 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 Family Law

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. Contact Frisco, Texas, CPS lawyers to protect you and your children.

Contact Us at Pfister Family Law today to get started on your case.

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