Written by attorney Gregory Lee Housewirth

Fighting the CPS Safety Plan, tips that could save your family

After being sharply criticized in federal court for its practice of removing children on scant evidence, we thought Texas CPS would adopt a more measured approach when responding to child abuse allegations. In the years since the Gates decision and the implementation of new CPS policies, removals under Chapter 262 are down.

But, does this mean Texas CPS is less aggressive in their investigations? The answer is an emphatic “no."

Talk to a CPS Attorney before you sign Anything

Rather than going through the legal system, CPS figured out how to go around it.

In other words, Texas CPS and their lawyers figured out how to avoid the burdens of due process and judicial review. Now, Texas CPS workers have been trained to extract "voluntary" child placements from frightened and intimidated families. Once the children are removed and the family disrupted, CPS alone decides if, or when, a family should be reunited.

The facts are only as CPS believes them to be. The services to be completed are those CPS chooses. The timeframe is set by CPS without the oversight of a court.

You can Fight False Allegations of Child Abuse

At Schreier and Housewirth, our lawyers hear about CPS investigations every day: the untested allegations; the overt intimidation; the rushed and confused signing of a Safety Plan that fractures a family. Parents always ask us, "We're not in court, so what can your CPS attorneys do to help us?"

FIND A CPS Attorney with the Experience you need

Not every divorce or custody lawyers knows how to deal with CPS and their tactics. These recommendations are based on our 20 plus years of helping families through the most difficult of times. s. We,

  • Obtain information regarding the referral history on the family;
  • Clarify the facts;
  • Test the validity of CPS assumptions and conclusions formed during the abuse investigation;
  • Discuss the family services suggested by CPS test whether those services are calculated to reduce perceived risk to the children in the home;
  • Reunify the family as quickly as possible while continuing to address perceived risk factors;
  • Clarify a date upon which CPS involvement the life of your family will terminate.

By holding CPS accountable for their assumptions and recommendations, a good CPS attorney can keep families from being dominated by CPS during their child abuse investigation, fight false charges of child abuse, and accelerate family reunification.

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