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What are investigators allowed to do in a CPS investigation?


Learning that the Texas Department of Family and Protective Services (DFPS) wants to investigate your family is one of the most frightening things parents face. Immediately, they wonder if they are going to lose their kids because of the investigation. Parents may also wonder what actions investigators can take during the case.

Fortunately, an investigator may not show up at your home and take your children away. If investigators observe an imminent threat, they must call the police or take another action. However, you can rest assured that they are not allowed to put your children in their car and drive away.

What can CPS do when investigating families?

To make an accurate determination about your child protective services (CPS) case, the investigator must uncover the truth. As such, they rely on interviews and other investigative techniques to identify potential dangers to your child. CPS investigators may:

  • Interview the child in question
  • Examine the child for signs of harm
  • Interview and physically examine other kids in the home
  • Interview others for more information
  • Interview the person suspected of inflicting harm
  • Request access to mental health records
  • Request formal examinations of the child (psychiatric, medical, physical, etc.)

Many times, these investigations conclude will without any lasting effects on the family involved. However, you may wish to have a CPS defense lawyer on your side if the worst happens and CPS removes the children from your care.

If you already have an attorney on board, you have a better chance of acquiring a favorable outcome. Your lawyer can also make sure any interim foster home placement selected for your child is physically, mentally and psychologically safe.

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