Parents have the right to provide for their biological and adoptive children’s care, custody, and management. This includes having the right to make educational and medical decisions and have regular contact with them, even if they don’t live with you. Parents can only lose their rights through the legal process.
Courts in San Antonio, Texas, provide strict scrutiny when it comes to deciding whether to terminate parental rights. At Tess House Law, we can help you prepare for court and fight for your parental rights.
This article will explain whether it’s possible to get a Child Protective Services (CPS) case dismissed.
What is CPS?
CPS is responsible for investigating all child abuse allegations it receives, regardless of whether or not they have merit or are false accusations. These investigations are required under law and may vary from a simple conversation to a full in-depth investigation. CPS officers typically contact parents or guardians within 72 hours of getting a complaint.
What happens during a CPS investigation?
A CPS caseworker or officer may take different steps depending on the severity of the complaint. They may begin the process by conducting a home visit to speak with the child, parents, foster parents, or family members of the child. The CPS worker may also physically examine the child for any evidence of abuse.
Caseworkers may also examine the mental health records, medical records, and criminal records of the alleged abusers. This helps them establish whether there has been a pattern of abuse in the past.
After the investigation is complete, the caseworker will determine if there is enough evidence to conclude whether the child was neglected or abused and if CPS needs to intervene for the child’s well-being.
How to get a CPS case closed?
You aren’t legally required to cooperate with a CPS agent unless they bring a court order. But if you want your CPS case closed, it’s in your best interest to work with the agent or representative. This could include:
- Providing documents
- Letting CPS into your home
- Answering questions
You should do all you can before the case goes to a juvenile court.
What happens when the court gets involved?
If the CPS caseworker or agent determines the child is in immediate danger, they may file a petition and work with the city attorney. The judge will look at the petition and decide whether the child should be removed from their home or not.
You can take the case to trial if you disagree with the judge’s decision. At the court hearing, the judge can rule differently and do one or more of the following:
- Dismiss the petition
- Appoint a guardian
- Order the child to be removed and placed with a foster family or relative
- Order the alleged abuser to leave the home
- Order the parent to cooperate on the case plan with CPS
State laws determine how the trial is conducted and when it should occur. In most cases, a judge must see clear and sufficient evidence before terminating a parent’s rights.
Schedule a consultation to learn about your parental rights in San Antonio, Texas
You don’t have to fight for your parental rights alone. Get in touch with our team at Tess House Law, and we’ll work to fight for your rights as a parent. Our custody lawyers in San Antonio, Texas, are experienced in fighting for parents who present tough custody cases. Give us a call at 210-249-2985 or send a message using our contact form to schedule a meeting. Let’s win this together.