It can be scary when the hospital mentions CPS. Here is the right script for Texas hospitals so you can protect your child and keep care on track.

Why ER visits generate CPS questions

Medical staff are mandatory reporters. When injuries seem inconsistent with the explanation, medications are missed, or a child’s condition raises concern, hospitals may contact CPS to ensure safety. The goal is usually caution, not punishment, but the process can move quickly. Knowing your rights helps you cooperate with care while avoiding misunderstandings.

Your rights in the hospital

You can advocate for your child and still work well with the care team. Use these rights to keep communication clear and focused on treatment.

For broader context on your rights outside the hospital, see our guide to parental rights in CPS cases.

Working with hospital social workers without making it worse

Stay calm and factual. Bring medication lists, prior diagnoses, and names of caregivers who were present. If your story has gaps, say what you do know and avoid guessing. If communication breaks down or you feel unheard, ask for a patient advocate. Your goal is to give staff what they need to treat your child while keeping non-medical interviews on a reasonable schedule and with counsel as needed.

Documentation to have on hand

Good records stop small issues from turning into big ones. Keep a simple timeline of symptoms, medications given, and who cared for the child each day. Save photos of older injuries that are still healing and carry therapy or specialist notes that explain ongoing conditions. After discharge, keep the written instructions and follow them closely so you can show clear compliance.

If CPS is contacted from the hospital

Ask the staff to explain what prompted the call and what happens next. If CPS wants to speak, you can schedule a time, involve your lawyer, and keep the conversation focused on safety and care. If a safety plan is proposed at discharge, read every line and avoid open ended promises. Ask for specific, short term steps that you can complete and get a copy before you leave. If supervision or limited contact is suggested, clarify who will supervise, where, and for how long.

Special situations

Children with complex conditions, feeding challenges, or behavioral health needs can be misunderstood during busy holiday shifts. Ask for language access or disability accommodations if you need them. For international travel plans, clarify medications and fit to fly letters. If you believe bias is affecting decisions, request an ethics consult or patient advocate to help reset the conversation around the medical facts.

Frequently asked questions

Can the hospital call CPS without telling me?

Yes, staff can make a confidential report if they suspect abuse or neglect. You can still ask the care team to explain their safety concerns and what they need from you during treatment and discharge.

Can CPS interview my child at the hospital without me?

CPS may seek to speak with a child, but you can ask that interviews unrelated to treatment be scheduled at a reasonable time and that your attorney be contacted. The hospital should prioritize medical care first.

Do I have to sign a safety plan at discharge?

No one should pressure you to sign something you do not understand. Ask for specific, short term steps, request time to read, and contact your lawyer. If you agree, get a complete copy before leaving.

Can I ask for a second opinion without looking uncooperative?

Yes. Involve your pediatrician or a relevant specialist and have the consult added to the chart. Framing it as part of good care shows cooperation, not resistance.

What should I say if I do not know the answer to a question?

Say you do not know and explain what you are doing to find out. Offer the names of caregivers or records that can fill the gap and follow up with the information.

We can help

Contact Carroll Troberman, PLLC for a free consultation. Call (512) 478-3800 or request a consultation online.

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This article is for informational purposes only. It is not legal advice, and past results do not guarantee future outcomes. Every case turns on its specific facts and the current law.

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