Law Office of Brett A. Podolsky - Criminal Defense Attorney
When a Texas Child Protective Services (CPS) office receives a report of child abuse, a thorough investigation of the alleged abuse will be initiated. Even a false allegation of abuse can suddenly place a parent’s legal rights in jeopardy. The legal representation of a CPS lawyer may prove to be invaluable in such cases. Dealing effectively with CPS officials requires the legal help that only a qualified Houston area family law attorney can provide.
According to the Texas attorney general’s office, anyone who witnesses or suspects that a child has been abused is required to report the alleged incident to the local police or Child Protective Services. Any of the following circumstances could result in the involvement of CPS:
When CPS receives a report of child abuse, the alleged incident will be investigated by a CPS case worker. The case worker will personally speak with the child about any abuse that may have occurred. The child will also be examined for evidence of neglect or abuse. Texas law requires that the interview be recorded. The interview can be conducted at any reasonable time and location, including at school.
In the event that a child is transported to another location to be interviewed, the child’s parent(s) will be notified. The case worker is required to notify the child’s parents that a child abuse case has been opened within 24 hours after the initial interview. The case worker must also describe the nature of the child abuse report and discuss the case with the parents.
The CPS case worker cannot reveal the identity of the party who filed the report. Aside from asking to see a case worker’s identification, the parents should cooperate fully with the investigation. The CPS case worker may even interview and examine other children in the home or other persons who have knowledge of or may be responsible for an act of abuse. When a parent resists the efforts of a case worker to investigate an alleged incident of child abuse, CPS will pursue a court order to enforce the investigation.
If CPS concludes that child abuse occurred, the child could be removed from the home and placed with another family member or a foster agency. If CPS determines that a child is at risk for abuse or neglect, the family will be asked to voluntarily participate in family-based services. When someone’s parental rights are at stake, the expertise of a Houston child abuse lawyer is vital.
Get in touch with Brett Podolsky at 713-227-0087 to get a complimentary case evaluation.
