Texas CPS Questions Parents Ask: Plain-Language FAQ

These are common questions Texas parents ask when CPS contacts them. Each answer gives the short version first and points to the official source. This is legal information, not legal advice; if your situation is serious, talk to a lawyer.

Does a court order for CPS services end when the investigation is closed?

Not automatically. The investigation is DFPS's process; a services order is a separate order of the court. The order expires on the 180th day after it is signed unless the court extends it Tex. Fam. Code §264.203(q), and DFPS can get an extension only "on a showing by the department of a continuing need for the order, after notice and hearing" Tex. Fam. Code §264.203(r). The court also holds review hearings "every 90 days to review the continued need for the order" Tex. Fam. Code §264.203(p).

You do not have to wait. At any time, a person affected by the order may ask the court to end it, and the court must end it if it finds the order is no longer needed Tex. Fam. Code §264.203(t). A closed investigation can be part of what you and your lawyer tell the judge. Note that "Unable to Determine" is not the same as "Ruled Out": it can mean there was not enough information to decide whether the alleged abuse or neglect occurred DFPS CPS Handbook §2281.5.

Do I have to let CPS into my house in Texas?

Not automatically. DFPS must tell you that you have the right to refuse to let the investigator enter your home or interview your child without a court order Tex. Fam. Code §261.307(a). But if a caseworker cannot get in, the court must order you to allow entrance if it finds good cause or probable cause as the law describes Tex. Fam. Code §261.303(b), and the law says a person may not interfere with a DFPS investigation Tex. Fam. Code §261.303(a). Talk to a lawyer before you decide.

Do I have to talk to a CPS caseworker without a lawyer?

No. At first contact, DFPS must tell you that you have the right to not speak with any agent of the department without legal counsel present, and the right to get help from an attorney Tex. Fam. Code §261.307(a). DFPS must also tell you that anything you say to anyone may be used against you in a criminal case or as a basis to remove a child Tex. Fam. Code §261.307(a).

Can I record my CPS interview?

Yes. Texas law says you have the right to record an interaction or interview, with the understanding that the recording may be subject to disclosure under a court order Tex. Fam. Code §261.307(a). DFPS says that if you record, the caseworker will also record, and you may not post the recording online in a way that could identify anyone involved DFPS, A Guide to Child Protective Investigations.

How often can CPS drug test me?

It depends on the type of test. DFPS policy says urinalysis occurs no more than once per week unless a court orders more often or DFPS identifies new child safety concerns DFPS CPS Handbook §3333. Oral fluid tests may be given multiple times per week when necessary, and hair strand tests should be at least 105 calendar days apart unless a court orders otherwise DFPS CPS Handbook §3333.

Do I have to take a CPS drug test?

You have the right to refuse to submit to a drug test, and DFPS must tell you so Tex. Fam. Code §261.307(a). DFPS policy says that if a parent refuses when testing is appropriate, the caseworker documents it and talks with a supervisor, who may recommend legal intervention if there is sufficient concern for a child DFPS CPS Handbook §3336. If the case is in court, the caseworker notifies the judge and attorneys DFPS CPS Handbook §3336. Ask your lawyer what a refusal could mean in your case.

What if I take prescription medicine and my CPS drug test is positive?

DFPS policy tells the caseworker to ask about your prescriptions and over-the-counter medicines before requesting a drug test DFPS CPS Handbook §3331. If a result is positive, the caseworker shares your prescription information with the medical review officer, who assesses whether the medication would have caused it DFPS CPS Handbook §3331. If you have a valid prescription and use it as prescribed, the caseworker documents it as a positive result with a valid prescription DFPS CPS Handbook §3335.

Can I choose my own counselor or class provider?

If a court ordered you to take part in services under Family Code section 264.203, yes: you may get those services from a qualified provider you select Tex. Fam. Code §264.2031(a). When you finish, you must get verification from the provider, and DFPS must accept it as proof Tex. Fam. Code §264.2031(c). A person who is not a parent and picks the provider is responsible for the cost Tex. Fam. Code §264.2031(b). If your services come from a different order or a voluntary plan, ask your lawyer and read your order.

How long do court-ordered CPS services last?

An order for required participation in services expires on the 180th day after the judge signs it, unless the court extends it Tex. Fam. Code §264.203(q). In general the court may extend it only one time, for not more than 180 days, after notice and hearing Tex. Fam. Code §264.203(r). A further extension of up to 180 days needs specific court findings and a request from you or your attorney Tex. Fam. Code §264.203(s).

Can I ask the judge to end court-ordered services early?

Yes. At any time, a person affected by the order may ask the court to terminate it, and the court shall terminate it on finding the order is no longer needed Tex. Fam. Code §264.203(t). The court must also hold a review hearing within 90 days of the order and every 90 days after that Tex. Fam. Code §264.203(p).

Can court-ordered services take my child out of my home?

Not through that kind of order. A court order for required participation in services under Family Code section 264.203 may not place the child outside the home or in the conservatorship of DFPS Tex. Fam. Code §264.203(n). Other kinds of cases follow other rules; for example, an emergency order sought by a governmental entity under Chapter 262 can be made without notice and an adversary hearing Tex. Fam. Code §105.001(h). Ask your lawyer which kind of case you have.

What does Unable to Determine mean?

It is a finding DFPS uses when none of the other findings fits 40 Tex. Admin. Code §707.495(b). Under DFPS policy, that means there is not enough information to decide whether the abuse or neglect happened, or enough to say it happened but not who is responsible DFPS CPS Handbook §2281.5. For a person, the role is called unknown (unable to determine), which means DFPS could not determine whether that person was involved 40 Tex. Admin. Code §707.497(b).

What does Reason to Believe mean?

It is a finding that, based on a preponderance of the evidence, abuse or neglect occurred 40 Tex. Admin. Code §707.495(b). DFPS explains that this means it is more likely than not that it occurred DFPS, Child Protective Investigations (CPI). A person is a designated perpetrator only if DFPS also concludes that person is responsible 40 Tex. Admin. Code §707.497(b), and a designated perpetrator can ask for an administrative review 40 Tex. Admin. Code §707.505(a).

What does Ruled Out mean?

It means DFPS found, from the available information, that it is reasonable to conclude the abuse or neglect did not occur 40 Tex. Admin. Code §707.495(b). It can also apply when the abuse or neglect occurred but the alleged perpetrator is not responsible DFPS CPS Handbook §2281.3. If the overall finding is Ruled Out, everyone named in the allegations is given the role of no role 40 Tex. Admin. Code §707.497(b).

What does Unable to Complete mean?

It means DFPS could not reach a conclusion about whether abuse or neglect occurred because the family could not be located or was unwilling to cooperate 40 Tex. Admin. Code §707.495(b). DFPS policy says the caseworker must not use it unless the caseworker made reasonable efforts to locate the people involved and get information from them DFPS CPS Handbook §2281.4.

Can I appeal a CPS finding?

If DFPS found that you abused or neglected a child and you disagree, you can ask for an administrative review of the findings Tex. Fam. Code §261.309(c). You must ask in writing within 45 days after you receive notice of the findings 40 Tex. Admin. Code §707.505(b). A DFPS employee who was not involved in the investigation does the review, and it can sustain, alter, or reverse the original findings Tex. Fam. Code §261.309(c). You are not required to use this review before going to court Tex. Fam. Code §261.309(e).

How long does an administrative review take, and can I bring a lawyer?

DFPS must conduct the review, or tell you that you are not eligible, within 45 days after it receives your request 40 Tex. Admin. Code §707.505(d). It may postpone the review while a civil or criminal suit or criminal investigation about the same acts is pending 40 Tex. Admin. Code §707.505(f). You have the right to bring a legal representative and a support person, though the support person may not participate 40 Tex. Admin. Code §707.505(g).

How do I get my CPS records?

Ask DFPS for a copy of the case record: CPS case records are confidential by law and released to people personally involved in the case DFPS, Requesting a Copy of a Case Record. DFPS says you can get a copy in most situations, there is a cost, and some information may be removed, such as the name of the person who made the report DFPS, A Guide to Child Protective Investigations. You cannot get information if, for example, releasing it would jeopardize an ongoing criminal investigation or someone's safety DFPS, A Guide to Child Protective Investigations.

How long does a CPS investigation take?

DFPS says the average investigation is 45 days, but it can vary depending on the situation DFPS, A Guide to Child Protective Investigations. How fast DFPS first responds depends on the report's priority: within 24 hours for the highest priority and within 72 hours for the second highest, subject to the availability of funds Tex. Fam. Code §261.301(d).

Will CPS tell me what it decided?

Yes. DFPS policy says the caseworker provides written notification of findings within 24 hours of an administrative closure and within 15 calendar days of all other types of investigation closure DFPS CPS Handbook §2293. The notice goes to the alleged perpetrator, among others, except where listed exceptions apply DFPS CPS Handbook §2293.

Can CPS reopen a closed investigation?

Only in limited ways. Before the 60th day after an investigation closes, DFPS may reopen it and change the finding only for good cause shown Tex. Fam. Code §261.301(l). After the 60th day, DFPS may not reopen it or change the finding to find that abuse or neglect occurred Tex. Fam. Code §261.301(l).

Can CPS interview my child at school?

Yes. An interview with the child may be conducted at any reasonable time and place, including the child's home or school Tex. Fam. Code §261.302(b). A DFPS interview with a child about the current allegations must be audio or video recorded, with limited exceptions Tex. Fam. Code §261.302(e). DFPS says the caseworker will attempt to contact you within 24 hours of interviewing your child DFPS, A Guide to Child Protective Investigations, and before transporting a child, DFPS must attempt to notify the parent Tex. Fam. Code §261.302(b-1).

What is a safety plan, and do I have to sign one?

A safety plan is a written agreement used when an immediate danger to a child is identified and action is needed to keep the child safe DFPS CPS Handbook § 3210 Safety Plan. DFPS describes it as a voluntary agreement, and the law says you have the right to consult legal counsel before agreeing to a proposed voluntary safety plan DFPS, A Guide to Child Protective Investigations Tex. Fam. Code §261.307(a). A safety plan must not exceed 30 calendar days without an approved extension DFPS CPS Handbook § 3210 Safety Plan.

Can I get a free lawyer in a CPS case?

Sometimes, once DFPS files a lawsuit. If DFPS sues to end parental rights or to have a conservator appointed, the court shall appoint an attorney ad litem for an indigent parent who responds in opposition Tex. Fam. Code §107.013(a). In a suit to require you to take part in services, the court shall appoint one for you before the hearing and tell you about your right to a court-appointed attorney if you are indigent and oppose the request Tex. Fam. Code §264.203(h) Tex. Fam. Code §264.203(i). Before any lawsuit, DFPS says you may consult a lawyer at your own expense DFPS, A Guide to Child Protective Investigations.

How often will a caseworker visit me during FBSS?

It depends on the risk level in your case. DFPS policy sets minimums each month: for Very High or High risk, at least three contacts with a parent or caregiver and two with each child; for Moderate, at least two with a parent or caregiver and two with each child; for Low, at least one with each parent or caregiver and each child DFPS CPS Handbook §12240. A supervisor may approve a change for a short-term change in the family's situation DFPS CPS Handbook §12240.

Can I complain about my caseworker?

Yes. If you ask for clarification of your case status or file a complaint about DFPS staff conduct or policy, DFPS must conduct an informal review as soon as possible, no later than the 14th day after it receives your request Tex. Fam. Code §261.309(b). DFPS also suggests speaking to the caseworker first, then the supervisor, and says you may contact the DFPS Office of Consumer Affairs toll-free at (800) 720-7777 DFPS, A Guide to Child Protective Investigations.

Is not having enough money considered neglect in Texas?

Not by itself. The Family Code definition of neglect excludes a failure to provide food, clothing, or shelter that is caused primarily by financial inability, unless relief services had been offered and refused Tex. Fam. Code §261.001(4). Neglect as defined also requires blatant disregard for the consequences that results in harm or immediate danger to the child Tex. Fam. Code §261.001(4). Every case turns on its facts, so ask a lawyer about yours.