When Child Protective Services Crosses the Line

 Posted on February 26, 2024 in Child Protective Services

As a parent, you have certain inalienable rights when it comes to raising your children as you see fit, provided you do so responsibly and lovingly. However, in some unfortunate cases, Child Protective Services (CPS) may overreach their authority and infringe upon parents’ rights. CPS both properly and improperly insert themselves into families’ lives. A Texas lawyer can help when you encounter this situation.

Unjustified Investigations

CPS serves the critical role of investigating credible claims of abuse and neglect to protect vulnerable children. However, occasionally, CPS will pursue investigations based on unreliable reports, circumstantial evidence, or personal biases. Some warning signs of an unfounded CPS investigation include:

• Allegations from sources with clear ulterior motives or lacking credibility
• Lack of specificity or evidence supporting allegations
• Perceived rather than documented risk factors

Suppose CPS pursues an intensive investigation or attempts to remove your children based solely on ambiguous suspicions of harm rather than concrete violations of TX family statutes. In that case, they have likely overstepped appropriate boundaries.

Removal Without Imminent Danger

Too often, CPS removes children from parental custody before proving the existence of imminent, substantive threats to the child’s wellbeing. Tearing children from loving parents should only occur when absolutely necessary to ensure safety from further trauma or injury. If you feel CPS has taken your children without adequate justification that they face immediate jeopardy if remaining home, it constitutes overreach.

Coercive Threats

In investigating parents, CPS will often threaten serious repercussions like child removal to elicit confessions or test cooperation. They may also make promises about dropping cases or restoring custody contingent on parents waiving legal rights or submitting to programs beyond what is court-ordered or logically related to substantiated findings of unfit parenting. Bullish techniques that leverage fear and misinformation to strongarm parents into “voluntarily” signing over their rights constitute manipulation and abuse of power by CPS.

What You Can Do

If CPS has overextended its authority with your family, promptly contest it through appropriate channels as outlined below:

• Consult with a TX family law attorney
• Request an internal CPS review of the case
• File appeals and attend all court dates
• Submit formal civilian complaints to CPS
• Contact state representatives

Contact a Denton, TX Family Law Attorney

Understanding your rights against intrusive child welfare agents is vital. With personal documentation, legal support, and persistence, parents can resist when CPS crosses ethical lines. A Frisco, TX family lawyer can be on your side as you go through this process so you know which step to take specifically for your circumstances. Call The Law Office of Linda Risinger at 972-294-6533 for a free consultation.