You have more rights in a CPS case than you think. Here is how to use them from day one.

What triggers a CPS case

CPS cases often begin with a report from a teacher, doctor, neighbor, police officer, or another concerned person who believes a child may be unsafe. The agency screens the report, decides whether the allegations fit its criteria, and if so assigns an investigator. First contact may be a phone call, a visit to your home, or an interview at a child’s school. From the first interaction, you are allowed to slow things down long enough to understand the allegation and speak with a lawyer.

When cases reach court, understanding what judges weigh matters. See how Texas courts decide child custody in our guide.

Your core rights in a Texas CPS case

You do not need to guess what you can say yes or no to. The list below shows the rights that matter most and how to use them in a practical way.

What CPS can and cannot do without a court order

CPS has authority to investigate, but many actions still require consent or a court order. Use this matrix to understand the limits before you decide how to respond.

Safety plans and service plans

A safety plan is a short term agreement that addresses immediate concerns. A service plan is a longer roadmap that lists tasks and services meant to resolve the case. Read every line, ask for edits that are specific and realistic, and get copies of anything you sign.

Parents have clear rights with both plans, and using them well can keep the case focused and fair:

• To understand and revise: You’re entitled to a plain‑language explanation and to propose edits. Ask for specific, measurable tasks (who does what, by when) and remove vague directives like “improve parenting.”
• To limit scope and duration: Safety plans should be short‑term and tied to the stated risk. Clarify start/end dates, review points, and exactly what triggers changes.
• To choose reasonable supports: You can request providers you trust, scheduling that fits work/childcare, transportation help, and language or disability accommodations.
• To avoid self‑incrimination: Plans shouldn’t require admissions. Keep statements factual and focused on safety steps, not blame.
• To get everything in writing: Request copies of the plan, any revisions, and who is responsible for each step. Follow with a brief confirmation email after meetings.
• To kinship and supervision clarity: If supervision is required, define the supervisor, location, times, and end criteria. If a temporary caregiver is needed, propose safe kin with contact info.
• To periodic review: Ask for check‑ins (e.g., every 2–3 weeks) to document progress and remove tasks that are completed or no longer necessary.
• To privacy and proportionate testing: Any drug/alcohol or medical requirements should be justified, time‑limited, and use standard labs/providers. Results and next steps must be documented.
• To counsel before signing: You can pause, take the plan home, and have an attorney review it. No one should pressure you to sign immediately.
• If you disagree: Offer a written alternative addressing the same safety concern with concrete steps. Note that you’ll follow reasonable measures while counsel reviews.

When to call a lawyer

Call a lawyer as soon as CPS makes contact, if you feel pressured to sign something you do not understand, if removal is threatened, or if interviews are requested without clear ground rules. Early guidance can prevent mistakes and set a cooperative but protective tone.

Frequently asked questions

What are my rights when CPS comes to my home?

You can ask what the allegation is, request the investigator’s name and card, and speak with a lawyer before agreeing to interviews or home entry. Unless there is a court order or emergency, you can schedule a later time and location to talk.

Can CPS interview my child without me present?

At school, investigators may speak with a child in some situations, but you can still ask for information about what was discussed and involve your attorney going forward. A court can limit or structure future interviews.

What is the difference between a safety plan and a service plan?

A safety plan addresses immediate concerns for a short period and should be simple and specific. A service plan is a formal set of steps and services aimed at resolving the case over a longer timeline.

Can I refuse a drug test in a CPS case?

You can refuse a voluntary test, but that choice can affect the agency’s view and may lead CPS to seek a court order. Speak with a lawyer about the facts before you decide.

How do I get my child returned if CPS removes them?

Work with counsel to meet any safety conditions, gather proof of progress, and present kinship options. Your lawyer can request hearings, challenge the removal, and ask the court to modify orders when the risk has been addressed.

We can help

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

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.