Child Protective Services Defense

The Texas Department of Family and Protective Services exists to protect families from abuse and neglect. Texas Child Protective Services (CPS) aims to provide services to families and children in their homes and investigate any reports of abuse and neglect in the state. The department also places children in foster care or adoptive homes when necessary and provides services to youth in foster care.

While CPS means well, there are times that its representatives will break apart families without knowing the family's entire story or circumstances. We understand that your relationship with your children is one of the most precious things in your life. We don't want you to lose custody of your children over a misunderstanding.

Offenses that Lead to CPS Involvement

You may find yourself the subject of a CPS investigation if you have been accused of causing bodily injury to a child. This type of situation is discussed in Texas Penal Code §22.04. The penal code says that parents can be investigated for child abuse if they cause injury that is serious or if the injury causes serious mental deficiency or impairment to the child. Also, parents may be investigated if they are accused of violating the statutes in the Texas Family Code §261.001.

Offenses described in Texas Family Code §261.001include:

  • Committing sexual conduct harmful to a child's emotional, mental, and physical welfare
  • Allowing a child to use a controlled substance
  • Allowing a child to engage in a sexual performance
  • Causing physical injury or threat of substantial harm to the child
  • Failing to provide a child with food, clothing, and shelter
  • Failing to seek medical care when a child is at substantial risk to death, disfigurement, or injury
  • Causing mental or emotional injury to a child
  • Compelling a child to engage in sexual conduct or pornography
  • Leaving a child in a situation in which the child would be exposed to risk for mental or physical harm
  • Causing physical injury or substantial harm to a child
  • Permitting a child to be in a situation that leads to mental and emotional injury
  • Placing a child in harm's way and refusing to remove the child from a situation that can result in immediate harm or harmful sexual conduct

We Can Help You Challenge CPS

CPS means well, but unfortunately, some representative may believe false accusations made by non-custodial family members or third parties or misinterpret a situation as harmful when it was not. It may be easy to misconstrue how a parent is treating his or her child. If you have been accused of bad parenting and are at risk to losing your child, call us today! We can investigate your case and fight vigilantly to prove that you are a fit parent who truly loves and cares for your children. We want to help you keep your family together!

Call today to schedule a consultation.

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Dallas Criminal Defense & Family Law Attorney