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Parents Have Rights While Being Investigated

The Collin County Law Group Jan. 31, 2020

If child protective services, or CPS, believes that a child in Texas or anywhere else may be in danger, it will launch an investigation. However, investigators cannot do whatever they please while looking into the situation. Parents are allowed to ask what they are being investigated for and what specific concerns an investigator may have. If an interview takes place in a parent’s home, he or she is generally allowed to be present while an investigator talks with a child.

It is worth noting that a CPS representative has the ability to interview a child at school or other locations where a parent may not be present. It is important for parents to remain calm after learning that they are the subject of an investigation. While they may be scared or nervous, lashing out at a CPS representative may not help prove that their children are in a safe environment.

Individuals are not required to take parenting classes or take other steps during an investigation unless ordered by a judge. However, working with an investigator to alleviate his or her concerns could make it easier to obtain a favorable outcome in the matter. While a parent is generally not obligated to answer questions posed by a CPS agent, being open and transparent can be a helpful strategy.

Those who are being investigated by child protective services may want to hire an attorney to assist with the matter. An attorney may help a parent understand his or her rights and how to preserve them. A legal representative may also be able to help a parent dispute the assertion that he or she is putting a son or daughter’s safety at risk. This might be done by introducing statements from teachers, medical providers or others who know the child.