Dealing with CPS and Court Dates: Key Information and Steps

Staying Calm

• Importance of Remaining Calm: Panic and stress do not help; keeping a level head is crucial.
• Role as a Parent: Your children need you to think clearly and act responsibly.

Rights and Legal Representation

• Right to an Attorney: You can represent yourself, but it is recommended to have an attorney.

  • You may be eligible for a court-appointed attorney, especially in Texas CPS cases.
  • Reference blog for more information on obtaining a court-appointed attorney.

• Rights During Interrogation:

  • Right to refuse a drug test.
  • Right to refuse home searches.
  • Right to remain silent.
  • Reference blog on handling CPS interrogations.

Fundamental Parental Rights

• Constitutional Right: Right to make decisions about your child's custody, care, and control.
• Protection Against CPS Overreach: CPS cannot violate your fundamental parental rights without statutory authority.

The Adversary Hearing

• Timing: Must occur within 14 days of the child's removal.

• Court Responsibilities:

  • Must inform you of the right to an attorney.
  • If indigent, you have the right to an appointed attorney.
  • Possible postponement for attorney preparation.

• Outcome of the Hearing:

  • Children should be returned unless specific legal findings are made.

CPS’s Burden of Proof

• Purpose: CPS must prove continuing danger to the child if returned.
• Requirements for CPS:
  • Show danger to the child caused by your actions or inaction.
  • Prove urgent need for removal and efforts made to prevent it.
  • Demonstrate efforts to return the child and ongoing risk if returned.

Documentation and Evidence

• Record Keeping: Keep a detailed journal of interactions with CPS.
• Recording Conversations: Legally record all interactions (Texas is a one-party consent state).
• Inquire Requirements: Ask CPS for detailed steps needed to get children back.

Sharing and Resources

• Sharing: Share information with others going through CPS cases.
• Subscribe for Updates: Follow on various social media for more information and support.