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Allegations of Neglect or Abuse

Posted on in Child Custody

Texas custody attorneyAlthough most people have heard of Child Protective Services (CPS), not everyone is aware of their function. CPS is a part of the Texas Department of Family and Protective Services, which is a state agency put in place to ensure that children in Texas are kept safe from neglect and abuse. When someone reports a parent or guardian to CPS, the agency is required by law to investigate the allegations. Unfortunately, many parents are falsely accused of neglecting their children, which can have a traumatizing effect on minors who are then forced to leave their home. If your child has been removed from your home by CPS, you should contact an experienced complex child custody lawyer who can explain your next steps.

Investigations and Court Hearings

When a person has been reported by CPS, they will be assigned a caseworker who will explain the allegations made against them and create a service plan. Eventually, the child’s parents will be required to attend a series of hearings at a Child Protection Court, where they will have the opportunity to refute the allegations made against them. In some cases, the judge will order that a case be sent to mediation or a family group conference instead of resolving the issues at trial. In either case, within two weeks of the date of the child’s removal, the court will hold an adversary hearing, after which the judge will return the child to their parents or place them with a family member.

Later, at a Permanency Planning Team meeting, CPS and the child’s guardians will meet to come up with a service plan, with which the child’s parents must comply in order to retain or resume custody of their child. If, after a period of time, a child’s parents can prove to a judge that they have complied with their service plan and the court finds that the child will be safe with their parents and that returning home is in their best interests, it can order that the child be returned to their guardian’s custody.

Call for Legal Help Today

Being accused of neglecting your child can have devastating consequences, which could include the removal of your child from your home. Please contact us today to ensure that the best interests of your child are protected and to consult with an experienced Cedar Park complex child custody lawyer at Powers and Kerr, PLLC. We understand the extreme emotional toll that these types of cases can take on a family. For this reason, we aggressively represent the interests of our clients, both in and out of court. Please call our legal team today to learn more about how we can help.



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