DCS (now what CPS is called) can conduct an investigation into anyone. If you have a safe place for your kids to go while you are doing you jail time (grandparents, aunts, good friend who is clean, typically DCS won't get involved just because of charges or even a conviction. However, if a report comes in through any reporting party (including probation, court, county or city attorney, friend or family member) they can do an investigation and they then decide what action is necessary, if any, to protect the kids.
Short answer, they typically won't take your children just because of charges.
There is always a possibility yes that your parental rights are eventually affected by criminal charges. That is why it is so important to hire an attorney asap to dispute the criminal charge. Many of us here on AVVO offer free consultations.
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