Updated on August 22, 2022
All parents fear having their children taken away, but this event is a possible outcome of a CPS investigation. If you are under investigation by Child Protective Services, do not hesitate to contact a Harker Heights CPS lawyer to protect your rights and prevent the agency from taking your children from home.
Child Protective Services can take your child from home only if the agency has a court order authorizing it to do so or if a CPS caseworker believes that an emergency situation exists to warrant an “emergency removal.”
To remove your children from your home without a court order, a CPS caseworker must have a reasonable belief that one of the following situations is true:
Here are eight of the most common reasons CPS may take children from a parent’s home during an investigation.
Unfortunately, physical violence is one of the most common reasons CPS removes children from their parents. When a CPS caseworker has evidence that a child has been a victim of physical violence at a parent’s home, they may take the child away from the parents. (What to Do if You Are Falsely Accused of Child Abuse in Texas)
When a child has been a victim of sexual abuse in the parents’ home, CPS will take the child from home. In most cases, the perpetrator is also removed from the home to prosecute the sex crime against the minor. (Sexual Assault Awareness)
If a parent or any other person is using illegal drugs in the child’s home, a CPS caseworker may remove the child from home. (What Can I Do if CPS Requires a Drug Test?)
It is not uncommon for Child Protective Services to remove children from home when there is evidence that parents abandoned them or are guilty of other forms of child neglect. There are several examples of child neglect:
In some cases, a parent may consent to the removal of their child. For example, a parent may allow CPS to take their child away from home to provide him or her with mental health services. When a parent consents to have their child removed, the child may be taken to a foster home or another relative’s home.
However, when one parent consents to removal but the other parent refuses to allow CPS to take the children, the agency will not be able to remove the kids without a court order unless the circumstances warrant an “emergency removal.”
During a CPS home inspection, an investigator will look for environmental dangers, which must be severe to warrant the removal of a child from home without a court order. (Learn more with a list of environmental dangers CPS will look for.)
A CPS caseworker may remove a child from the home if the parent is unable to provide adequate care to a child. Here are some situations in which a child may be removed from a parent’s home due to inadequate care:
Child Protective Services may remove a child from a parent’s home when the parent is guilty of “medical abuse.” Medical abuse occurs when a child receives medically unnecessary or even harmful treatments and procedures at the parent’s request.
If CPS removes your children, the agency must notify you about the removal within 24 hours. If a CPS caseworker took your child away on the weekend, they will most likely notify you on Monday.
If you were not home at the time of the inspection, a CPS caseworker will leave a notice of removal on your door. A written notice of removal will include the following information:
If CPS took your child away, you should reach out to the caseworker, whose name and contact information is on the written notice of removal, as soon as possible. It is equally important to contact an experienced attorney to discuss how you can get your children back from CPS.
Do not hesitate to speak with a knowledgeable attorney to help you get your kids back from CPS after the removal. Understandably, the situation is very stressful and intimidating, but you need to do your best to keep calm.
Contact our Harker Heights CPS attorney at The Law Office of Brett H. Pritchard to schedule a FREE consultation and discuss your situation. Our skilled CPS lawyers will fight for the return of your children. Call (254) 781-4222 to receive a case evaluation.
