A Handbook for Parents and Guardians in Child Protection Cases

What is CPS?Child Protective Services (CPS) is a part of the Texas Department of Family andProtective Services (FPS), a State Agency set up by law to make sure children are SAFEAT ALL TIMES. If children are not treated in a SAFE manner, all citizens in thecommunity MUST report unsafe activity by calling 1-800-252-5400.A report was received saying that your child was not SAFE. Information about thereason for the removal of your child is outlined in a paper called a Notification forRemoval, left at your home. The Child Protective Services (CPS) caseworker from FPSmay also explain why your child was removed from your care.The Next StepIf you disagree with the caseworker and the reason for removal of your child, you willhave a chance to explain your side to a judge soon after the removal of your child.This handbook provides a basic guide to what happens when you and your child areinvolved in a CPS case.Why Should You Talk to the Judge?To give the parties and the court your explanation of the events that brought your childinto foster care. It is important to remember that you may speak with the judge onlyduring court hearings. You may not meet with the judge privately outside of court.The purpose of the Child Protection Court is to keep children safe and to help familiescreate a safe home for their children. The Child Protection Court is not designed topunish parents.The Judge can require you and your family to get help. The Judge also can order thatyour child be temporarily placed in the custody of Child Protective Services (CPS). Thismeans that, for the time being, CPS is legally responsible for your child and, with theapproval of the Child Protection Court, can make decisions about where your childshould live and what you need to do to have your child returned to you.The same problems that brought you to the Child Protection Court could result incriminal charges against you, your partner, or someone else in your family. In that case,you may have to go to another court and see another judge. This handbook does not dealwith criminal cases. It is about civil proceedings (meetings and hearings) in the ChildProtection Court. Anything you say in Child Protection Court may be used against you ina criminal case. If criminal charges have been filed against you, or you think they mightbe, you should talk to an attorney.