Reputable Family & CPS Lawyer in Travis County
Child Protective Services (CPS) operates for the state of Texas in investigating allegations of child abuse and neglect. This agency can investigate you and your family and ultimately has the authority to remove your child from your home with or without a court order. Once it removes a child, it will obtain a court order effective within a set time period to give it formal removal authorization.
A removal hearing will ensue giving you the opportunity to defend yourself and protect your parental rights in court. You should never attend such a hearing without the representation of an experienced attorney. In fact, if you are contacted by CPS regarding an investigation of you and your family, you should contact our Austin child protective services attorneys immediately.
Are You Facing CPS in Travis County, Texas? Call Ferguson Law Practice Today at (512) 872-5925 or Contact Us Online to Meet With a Child Protective Services Lawyer in Austin!
How Ferguson Law Practice, PLLC Can Help
At Ferguson Law Practice, PLLC, our legal team provides aggressive defense representation for parents in Austin and Travis County at every stage of CPS involvement. Attorney Kyle Ann Ferguson spent over a decade working in child protection as an investigator and as legal counsel and understands how the system works.
Whether CPS is investigating your family or you as a foster parent, we will work to protect your interests. We believe in holding CPS accountable and will defend you against outstanding allegations while the investigation is ongoing. We know how vitally important it is to have skilled and dedicated representation when your parental rights are at stake.
What Is the CPS Investigation Process in Texas?
If you are being investigated by CPS, the process will likely follow these steps:
- CPS will interview any children in the home
- CPS will interview the parents or guardians
- The home will be examined for proper food and living conditions
- The criminal records of the parents/guardians or those accused of abuse will be investigated
- CPS will conduct a meeting with the parents/guardians discussing safety concerns and make a safety plan, if necessary
- If CPS decides that the child is in immediate danger, they will be removed from the home. At this point, the courts will become involved and the judge will review CPS's finding.
What Does a CPS Investigator Do in Texas?
A CPS investigator will contact you in cases where allegations of child abuse or neglect are suspected. In such investigations, investigators can intervene by interviewing children without parental knowledge, asking them questions about all types of abuse and neglect, whether relevant or not. They can discuss the case with employers, neighbors, extended family, and will work to construct their case against you. Because of this, you should never trust that investigators have your best interests in mind. You will need to aggressively fight such an investigation and any negative findings.
These findings can conclude that abuse or neglect has occurred, cannot be determined or completed, or that the case should be closed without a finding. If the CPS has reason to believe abuse or neglect has occurred or cannot be determined, your parental rights, your employment and your ability to be present in regulated childcare settings may be negatively impacted.
For investigations involving your family, removal hearings are generally scheduled within 14 days from the date of a child’s removal from the home. The hearing is held to determine whether your child will be returned to you and remain in your custody or not and is the most crucial phase of your case. Should you lose at this hearing, you will lose custody and your child will be placed with other family members or in foster care. Additional status hearings and permanency hearings will occur later until a final hearing is conducted determining the final outcome.
Challenging a Finding of Child Abuse or Neglect
Whether the finding against you was recently made by CPS or you were caught by surprise after a background check revealed a finding against you from an old investigation, you do not have to face it alone. Findings of abuse or neglect can remain on the Central Registry database for decades and can have a significant impact no your ability to work in childcare, foster, or adopt. A finding can even affect your ability to volunteer at your child’s school.
You have the right to challenge these findings through an Administrative Review and in certain situations, you are entitled to a Due Process Hearing through the State Office of Administrative Hearings. Attorney Kyle Ann Ferguson has over a decade of experience in this very specialized area of law and is the here to defend your rights.
Contact Our Austin CPS Attorney Today
Your rights are at risk if CPS has received a complaint against you or an investigator has contacted you, even if the accusations are untrue. Our firm will work to defend you against CPS intervention and allegations and will work to get the case dismissed. We can challenge CPS in court hearings and appeals. With unique inside knowledge of the CPS system, we are poised to be your aggressive ally in CPS defense.
Contact Ferguson Law Practice Today to Schedule a Consultation!
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