Local and national news outlets are consistently exposing problems in the Texas Department of Family and Protective Services or CPS. The podcast Do No Harm exposed problems with CPS and its association with groups of physicians who magically find abuse and neglect with no conclusive evidence. Exposing the abuse and neglect that children removed from their families suffer under the alleged "care" of CPS led to significant legislative changes over the last two Texas legislative sessions.  A group of attorneys in Texas, the Texas Association of Family Defense Attorneys or TAFDA have consistently and persistently kept the legislature informed of problems with CPS in Texas. Much of the legislation the legislature passed in the last two legislative sessions came from its members.

Now, when CPS begins an investigation, CPS must, on its first contact with a parent accused of abuse or neglect, give an explanation to the parent or other accused caregiver a verbal and written explanation of the parents rights.  These are your rights.

(1) YOU HAVE THE RIGHT TO REFUSE TO SPEAK WITH CPS AT ALL. Tell them to leave your property immediately. Don't take any papers from them.  Don't give them your phone number or email. And for Pete's sake don't sign anything!

(2)  You have the right to know the complaints or allegations in the report CPS received which led to the investigation. CPS does not have to tell you who made the complaint. However, Texas law recently changed to prohibit anonymous complaints. It is a crime to make a false report to CPS.  If you know this complaint is unlawful,  for instance by a jilted spouse or boy/girl friend, then immediately file a police report, and get a copy of your report. 

(3) You have the right to hire an attorney of your choosing.  If you cannot afford an attorney based on an indigency determination, the Court must appoint one to you if you are ordered to participate in "services" or if your children are removed.  You should do whatever you can to get an attorney to speak with you if CPS appears in your life.

(4) You have the right to have a lawyer present before CPS enters your home and interviews one of your children or any of your children.

(5)  And, most importantly, YOU HAVE THE RIGHT TO REFUSE TO ALLOW CPS IN YOUR HOME AT ALL WITHOUT A COURT ORDER. 

(6)  You have the RIGHT TO REFUSE TO GIVE CONSENT TO THE DEPARTMENT TO OBTAIN MEDICAL OR MENTAL HEALTH RECORDS.

(7)  You have the RIGHT TO RECORD OR VIDEO THE INTERVIEW WITH YOU.  But, that's not going to matter because you aren't going to let them interview you or your children until ordered by a court to do so or in the presence of your attorney.

(8)  You have the RIGHT TO REFUSE TO SUBMIT TO A MEDICAL EXAM, PSYCHOLOGICAL EXAM, AND MOST IMPORTANTLY THE RIGHT TO REFUSE TO TAKE A DRUG TEST!

(9)  You have the RIGHT TO REFUSE TO SIGN OR AGREE TO A CPS "SAFETY PLAN"  without first speaking to an attorney.

You have a constitutional right to raise your children. It's important that you know your rights as a parent.  But, it is even more important that you exercise your rights. If CPS enters your life, it is terribly important that you have a lawyer to help you. It is you versus the behemoth that is the State of Texas.