A justified fear that families have when dealing with child protective services is that CPS will remove a child from the home and break up the family.
While this does not happen in most cases, there are times when a CPS investigator does retain the right to immediately remove a child from the home.
A child protective services lawyer can assist anyone who is dealing with a CPS investigation and help them avoid a situation where CPS attempts to remove their child from the family home.
Learn more about those instances and what can be done to prevent them.
Can CPS Remove A Child From The Family Home?
When a child protective services investigator believes a child is in immediate danger, they have the right to remove that child from the family home, even when the full context of the situation is not yet known.
Though this is not so common with older children, CPS lawyers find that it is more common with children who are non-verbal or aged two years and below.
After acting on behalf of the child, CPS then has up to a year to complete their investigation and determine what the best option is for that child.
Once a child is removed, it can be a lengthy legal process for parents and their CPS lawyers to resolve the investigation and regain custody of their child.
When Is CPS Likely to Try To Remove A Child From A Home?
Child protective services have the right to remove a child from a home without the full context of the situation, as long as they believe the child is currently in some kind of danger.
CPS lawyers frequently see these removals prompted by unexplained or suspicious injuries to which a medical professional alerts CPS, especially in cases where the child is too young to speak of how the injury happened.
The agency will almost always accept the advice of the medical professional over the claims of the parents, regardless of what the truth may be.
CPS may also remove children thought to be at risk of violence or neglect due to drug use or active abuse happening within the home until an investigation can be completed.
Watch This Video About CPS Removal Circumstances
In this informative video, Texas Board-Certified Family Law Attorney Greg Housewirth discusses the how and why of child protective services removing a child from the home and what options parents have if that happens.
What Can Parents Do When CPS Tries To Remove Their Child?
When parents face the possibility of their child being removed from the family home by CPS, they should enlist the help of a child protective services lawyer who understands how the agency works in these cases and what can be done to prevent it.
If it is not possible to avoid removal, child protective services may allow other options like placement with a family member or friend while parents go through required programs to resolve their family issues.
Guidance from a knowledgeable CPS lawyer who can help parents navigate this difficult time is recommended for the most successful outcome.
Schreier & Housewirth Family Law
1800 West Bowie Street, Suite 200-E
Fort Worth TX 76110
Gregory L. Housewirth is a Board-Certified Family Law Specialist practicing in Fort Worth Texas. With 30 years of family law experience, Mr. Housewirth has represented hundreds of clients in divorce, custody, CPS, modification, and grandparent cases. In addition, Mr. Housewirth is a qualified family law mediator and a member of Collaborative Law Texas, a practice group dedicated to promoting collaborative divorce in Texas.