CPS has sweeping power to conduct intrusive investigations, form conclusions based on unverified information, use threats and fear to coerce you, separate parents from children, and take court action to place children into foster care.
We’ve helped hundreds of people in the Fort Worth area just like you work through CPS investigations and understand the situation that you are facing.
A Case Strategy Built
Just for You
We take the time to know your story. Then, we target your goals and creatively plan how to achieve them. We have tools at our disposal such as mediation and collaborative family law, to diffuse tense situations and foster creative, lasting solutions to family problems.
Transparent Billing & Extreme Value
We measure every minute spent on your case from a cost-benefit perspective, giving you more lawyer for less cost. Our advanced practice management system lets you see billed attorney fees in real-time so there are no surprises.
You’ll never be left alone when you need to reach out for help. For us, family law is more than 9 to 5. Grab a cup of coffee and Zoom us on a Saturday morning, or if you have a random question at a weird time, instant-message us for a quick reply.
See that handy chatbot on your screen? Send a message and see how fast we reply. If you’re old-school, pick up the phone and call. Either way, you’ll get a free, 15-minute, quick-connect session with an attorney. It’s a great way to share your story, get some direction, and see if you like us!
GET ON BOARD
When you’re ready to hire, tell us and we will send a few simple, online forms home. Complete the forms, return them to us, and pay your retainer (did you know “Retainer” is a fancy word for an advance payment of fees for legal work to be done on your behalf?) You’re good to go!
SCHEDULE YOUR STRATEGY SESSION
This is where we get to work! Find a quiet spot where you can join your legal team on Zoom. We’ll spend the next hour talking about you, your kids, and your legal conundrum. Then, we’ll come up with a plan unique to you and discuss the next steps in the legal process.
We are a husband and wife family law practice representing clients in cases where the stakes are high and the outcomes change lives. For 35 years, hundreds of clients have counted on us to protect their children and themselves during life’s most difficult times.
Holly J. Schreier
is a special advocate for children in long-term foster care, she strives to ensure her clients have the resources needed to meet their individual needs. She consults with family, foster-parents and other stakeholders in the lives of children affected by child abuse or neglect. She is a graduate of the University of Texas School of Law and Duke University.
Gregory L. Housewirth
is one of a select group of attorneys in Fort Worth to be Board Certified in Family Law by the Texas Board of Legal Specialization. A skilled trial lawyer, mediator and collaborative attorney, he achieves positive outcomes for clients. He is a graduate of the University of Texas School of Law and T.C.U.
Recognized as the “go-to” lawyers in Dallas-Fort Worth CPS cases and child abuse investigations, we protect your rights and help your family withstand a CPS investigation.
In Child Protective Services (CPS) matters, Greg Housewirth and Holly Schreier could save your family. A CPS case is unlike any other family law matter. The stakes are higher, and there is no time to lose.
For more than 20 years, Schreier and Housewirth have served as CPS Lawyers, representing hundreds of clients in CPS cases. Both of these Fort Worth CPS attorneys have previously represented CPS and have an extensive knowledge of Texas CPS policies and procedures. They have been called on to defend CPS claims in Tarrant County as well as Dallas, Collin, Denton, Rockwall, Johnson, Hood, Parker and Erath counties.
Answering the door to Child Protective Services (CPS) is something no parent ever expects to do. Whatever their purpose for being at your door – warranted or not – it is critical that you consult an experienced child protection family lawyer right away.
Contact Our Board Certified Family Lawyers
Our CPS Survival Guide is not a substitute for our legal counsel but it is our hope that you gain an understanding of CPS procedures and appreciate the tremendous power CPS has to make decisions that will affect you and your children.
Each Texan has a legal obligation to immediately report suspected child abuse or neglect. Professionals such as doctors, teachers or daycare providers can face criminal prosecution if they fail to report suspected abuse within 48 hours after first observation. The identity of a person making such a report is confidential and the individual is immune from prosecution if the report is made in good faith. Likewise, a report of abuse made with intent to deceive is a criminal offense and, in a child custody case, can cause the person making the false report to lose custody of the child.
The CPS Response to Abuse Allegations
Texas CPS has adopted a “flexible response system” for the investigation of allegations of child abuse or neglect. The system requires CPS to:
Respond immediately to an allegation in which the death or substantial bodily injury of a child would result without intervention;
Respond in 24 hours to a referral that is assigned the highest priority short of being a life or death situation;
Respond within 72 hours to other referrals;
To comply with Texas family law, a CPS worker must assess the following factors in his or her investigation:
The nature, extent and cause of the abuse or neglect;
The identity of the person responsible for the abuse or neglect;
The names and conditions of all children in the home;
An evaluation of the parents or persons responsible for the care of the child;
The adequacy of the home environment;
The relationship of the child to the person responsible for the care of the child in the home;
The CPS Investigation
To complete this investigation, CPS may come into your home, unannounced, or caseworkers may interview your child at his school or daycare. Additionally, a CPS worker has the right to physically examine the child and to even transport the child to a doctor or psychologist for a medical or psychological evaluation.
The Texas Family Code plainly states, “a person may not interfere with an investigation of a report of child abuse or neglect” conducted by CPS. If you attempt to deny CPS access to the child, CPS has the power to seek a court order to enter your home with the assistance of law enforcement.
The Schreier & Housewirth Response to CPS
It is in this environment that the CPS lawyers at Schreier & Housewirth must work with an understanding of the CPS system and the need for skillful advocacy in representing their CPS clients. It is at such times that advocacy is more than reckless resistance to the power of CPS. Instead, CPS advocacy is a balancing of competing interests with the goal of achieving a compromise that satisfies the needs of CPS caseworkers to ensure the safety of the child and the needs of parents to retain their children in their possession.
If a CPS investigation determines that a child has been abused or neglected or is at risk of abuse or neglect, CPS workers will require families to participate in “services” intended to rectify the cause of the abuse. Again, this is a critical component of any CPS case and you should consult an experienced Texas CPS attorney to protect your interests when these services are recommended by CPS.
Emergency Removal of Children from the Home by CPS
While recent changes in Texas CPS policy have drastically reduced the number of actual removals of children from the homes, such removals do occur if CPS finds that there is an immediate danger to the physical health or safety of the child. When an actual emergency removal occurs, your child typically will be placed into foster care pending a full evidentiary hearing in court. Greg Housewirth and Holly Schreier are CPS attorneys who have represented hundreds of parents in these critical hearings. You need a lawyer who understands Texas Child Protective Services to protect your interests in court.
At such a hearing, the court can return the child to a parent, place the child with a grandparent or extended family member or award custody to CPS and allow the child to stay in foster care. These court orders can last for as long as a year with periodic reviews along the way. If a parent has failed to demonstrate to CPS or the court that he or she can provide a safe and loving home for the child, CPS may petition the court to terminate parental rights, enabling CPS to place the child for adoption.
Contact Schreier & Housewirth today for experienced, responsive representation for your child protection needs in both the investigatory and legal stages. We serve individuals and families throughout the Fort Worth, Dallas and counties west including, Parker County, Hood County, Johnson County, Erath County and Denton County.
A CPS worker has called me and wants to meet with me to talk about my children. What do I do?
You need to cooperate. If you don’t cooperate, CPS will infer that you are attempting to hide something. Try to get some information from CPS about what they wish to discuss with you.
Chances are, you probably know why they want to talk to you.
Consult a lawyer and have legal counsel with you when you are interviewed. If you do not have time to obtain counsel and must participate in the interview, follow these guidelines.
Be polite and helpful
Show concern for your children
Listen more than you speak
Ask for exact information from CPS, they will often use phrases such as “we have concerns” or “it has been alleged” or “we believe”
DO NOT GUESS about your answers to any CPS questions
DO NOT GUESS about what other people knew or didn’t know
DO NOT SAY the following, “he would never do such a thing” “I don’t believe that happened” “my child is telling a lie”
Be able to clearly explain how your home is a safe home for your children
Be able to provide positive references who have frequent contact with you and your children
Do not lose your temper
At the end of the conversation ask the CPS worker to summarize her discussion with you, her findings, any actions she is considering taking and her reasons for taking those actions.
Do I need to have an attorney with me whenever I meet with CPS?
CPS workers do not like lawyers. Unfortunately, a lawyer who is not familiar with CPS and takes the wrong approach in dealing with CPS may do you more harm than good. An experienced CPS lawyer can help to clarify the issues, present your case in a positive manner, and minimize the risk of your children being taken into foster care.
CPS wants me to bring my children to their offices for a meeting. What should I do?
This is a setup. NEVER, EVER take your children to CPS offices without your lawyer right beside you. This tactic is used by CPS to get you to surrender the children to them at their offices instead of them going to the effort of removing the children from your home. To summarize, take your children with you to CPS and chances are you’ll be going home alone.
CPS wants me to sign a “Safety Plan” or they are going to take my children into foster care. What should I do?
A Safety Plan tells you that you have to follow certain rules to keep your children with you in the home. For instance, in many cases, the Safety Plan will instruct you to remove an alleged abuser from your home, or to clean your home, or to participate in counseling.
You must ask yourself whether you can follow the Safety Plan – if you can’t then you are at risk of having your children removed. You must make sure that both you and CPS understand what exactly the Safety Plan tells you to do or not do. Many children are removed each year because CPS interpreted the Safety Plan differently than the parent did.
Ask CPS when does the Safety Plan expire. If no expiration date is given, then you are forever at risk of having your children removed. As always, try to review the Safety Plan with a lawyer before you sign it.
CPS wants me to separate from my husband or wife and to keep my children away from him/her. What should I do?
Just do it. CPS always believes that sexual abuse has occurred, no matter what the facts and logic suggest, and that children always know what they are talking about. The problem is that if you question any of the facts, your child will be out of your home. It is a difficult situation, but you must ALWAYS choose your child over your spouse.
CPS has done an “Emergency Removal” and placed my children into foster care. What should I do?
Find out as much as you can about why the children were taken into foster care. Ask questions, but volunteer little information at this point. Be helpful. Tell the CPS worker what your child likes and doesn’t like, and inform her of any medications your child might be taking or other special needs he or she might have. Ask for a visit with your child. Typically, you will get a one hour visit one time a week.
Do not threaten the CPS worker and try not to show too much anger. If the CPS worker feels threatened by you or senses that you are “unstable” it will only hurt your chances of getting your child home. Suggest relatives who would be willing to have temporary possession of your child. Try to make arrangements to get your child some of his toys, clothing, and other possessions that will make him feel more secure while in foster care.
I received legal papers telling me I have a court hearing to determine temporary custody of my children. What should I do?
Time is critical. You are going to have a Court hearing within 14 days of the date your child was removed from your possession. At the hearing, the Court will determine whether there is a continuing danger to your child in your home. CPS will have their investigators, lay witnesses, doctors and police officers ready to testify.
Who will testify on your behalf? Who will present your case to the Court? Do you know how to cross-examine a witness or how to object to improper testimony?
You need legal representation. If you lack time to hire an attorney, ask the Judge for an additional two weeks to hire one. Your child will have to stay in foster care, but many times it is better to wait an additional two weeks and be truly prepared for court rather than rushing in unprepared.
Several things can happen at the initial or “14 day hearing.” Your child can be returned to your care (this rarely happens); CPS can take steps to determine whether a relative would be able to care for the child, or your child can continue in foster care for a period of at least 60 days. A CPS case can be won or lost at this point.
Without aggressive representation at the 14 day hearing, there is a very real chance that your child will spend months in foster care – – possibly without justification.
CPS is telling me my children have been sexually abused. What should I do?
Please do not say, “I don’t believe it” or “that’s not true” or “she tells stories” or anything that gives CPS the thought that you don’t believe sexual abuse has occurred. Show genuine concern. Ask, “what can I do to make sure I am providing my child with a safe home?”
Ask the CPS worker questions. Seek detailed answers. Who is the alleged abuser? When did the abuse occur? How many times has the abuse occurred? Exactly what did occur? (You need to get over your embarrassment and ask for graphic details about what happened). You must ask yourself if you knew of the sexual abuse or had any hint that it was taking place. What has your child told CPS?
Unless you convince CPS that you knew nothing about the sexual abuse and that you are able to protect the child from the abuser, your child is going to be placed outside your home.
CPS is telling me my children have been neglected. What should I do?
“Neglect” means different things to different people. Ask questions. Seek specific answers. Try to get CPS to agree to leave the children with you while you participate in parenting classes or other services CPS recommends. If your house is dirty, clean it. If it’s still dirty after you clean, move. You may have to agree to do other things like place the children in daycare, or change your work hours. Remember, you are doing these things to keep your children with you.
CPS is telling me my children have been physically abused. What should I do?
Physical abuse usually occurs in one of two instances:
1. The case of the baby who is shaken or beaten by an adult. Cases involving injuries babies and young children are the most difficult mainly because the victim is unable to speak. You need to convince CPS that you didn’t injure your child and that your home is safe. This is very difficult. CPS wants to know who injured the child and until someone comes forward with an explanation, the child is not going home. Do not make up stories, for instance, “he rolled off the bed.” Do not cover-up if you know who hurt the child — unless the person you are protecting is more important to you than your child. Your attorney may suggest you take a lie-detector test. You must attempt to obtain legal counsel.
2. The case of improper physical discipline of a child. In the case of improper discipline, you have a chance of keeping your child at home, but you are going to have to participate in parenting classes and counseling. Of course, it will depend too on the type of injuries sustained by the child and if there appears to be a long-standing pattern of improper physical discipline — for example the use of extension cords to administer spankings is abuse and may result in removal of the child.
CPS tells me I don’t need a lawyer at the emergency court hearing. Is this true?
You need a lawyer. CPS is represented by the District Attorney. Your children will have their own attorney. You will not be successful representing yourself. Also, don’t fall for the line, “this is only temporary.” Many a termination case starts with such a representation.
I am embarrassed to tell my family about my CPS case. What should I do?
If your family can help you in any way, financial, emotional, or as a temporary placement for your children, tell them. A CPS case could be the most serious legal matter in your life. It is no time to “go it alone.” Show CPS that you come from a good family and that you have their support — it will make a difference.
CPS wants me to take a drug test. What should I do?
You know whether you will pass. If you will pass, sure, take the test. If you know you won’t pass, consult your lawyer. Depending on the circumstances, you may want to refuse to take the test, or admit to your drug usage. These are critical decisions and you need a professional to advise you.
The main thing is to get clean! If you are using illegal drugs, find someone in your family to care for the children while you go through a inpatient program. The longer you remain in denial about your problem, the worse things will get.
Remember, in a CPS case, you have one year to get your act together. It’s better to start early rather than waiting until you are out of time to save your family.
CPS has my children. Will I ever get them back?
It depends. You have a year to prove yourself to CPS. You need to form a success strategy with your lawyer. This will include taking steps to improve you life and then showing CPS what you have done. You will have to persuade the child’s lawyer that the child belongs with you. You will attempt to discredit as much of the CPS case as possible.
You have to visit each and every week. You have to be appropriate with your child in the visits. You have to INSPIRE CONFIDENCE in the people who are evaluating you as a parent. As a last resort, you may have to prepare for trial — this is both an expensive and uncertain endeavor.
CPS wants me to do a “Service Plan.” What does this mean?
The Service Plan consists of a list of things for you to do in order to have any hope of getting your children home. But, understand that the Service Plan is not a contract and CPS doesn’t have to return your children just because you completed your service plan.
Typically, you will be asked to take a psychological evaluation, do counseling and parenting classes. You may also be asked to take random drug tests, participate in anger management, or sex offender’s counseling.
What is a “Guardian Ad Litem?”
The Guardian Ad Litem is an attorney who has been appointed by the Court to make an independent recommendation to the Court about what arrangement will be in your child’s best interest. You will want to make sure the ad litem is doing his or her job and not merely following CPS recommendations. You will want to work to obtain a favorable recommendation from the ad litem.
Will the Court appoint me an attorney if I cannot afford to hire one?
The answer is “NO.” Now, having said that, if you are indigent and CPS files suit to terminate your parent-child relationship, you will be appointed a lawyer. But the point is, you should never wait until you are in such a bad situation to find legal help.
When CPS files to terminate you, they have had around 6 months to build their case against you and there is little your court-appointed attorney can do to erase the damage of what has already happened during the case.
Finally, the legal services organizations do not take CPS cases either because they are so specialized and time-consuming.