CPS has also been known to interview parents in the presence of plain clothed law enforcement officers without identifying the officers and without reading the parents their Miranda rights ahead of time.
We therefore advise parents to lawyer up before they are interviewed by Department personnel.
The Hernandez & Hernandez law firm has years of experience representing parents, grandparents, children and others in CPS cases.
We are ready to step in on your behalf should the need arise.
The information below is not provided as legal advice on any specific case, but to give the reader an introductory understanding of the complexity of CPS cases and the absolute need to have counsel in such a case.
If you have been contacted by Child Protective Services (hereinafter “CPS” or “the Department”) in regard to any allegation relating to your own child or children, it is critically important that you retain an attorney immediately and before making any statement whatsoever to CPS.
One of the most obvious problems with the CPS system is the non-attendance clause of the family code.
Essentially, the non-attendance section of the family code says that if the parent has caused the child to not attend school, the court can consider that as evidence to support the termination of parental rights.
This termination of parental rights is because the court is charging the parent with violating the truancy law.
Effective: 9-1-15Senate Bill 206 amends the provisions of the Education Code, Family Code, Government Code, and Human Resources Code relating to the functions and administration of the Department of Family and Protective Services (DFPS).
The bill revises and streamlines agency procedures involved in adoption cases and child protective services cases by changing various record keeping, notification, and casework documentation requirements and provisions governing the investigation of a report of abuse, neglect, or exploitation of a child and by condensing and updating provisions governing procedures in a child protection suit, including adversary and permanency hearings, and the performance of a child placement review for a child under DFPS care.