Frisco Family Lawyers

CPS Removal of Children from Home

Upon being told CPS is investigating, many parents worry that their children will be taken away. Child Protective Services only removes children from the home as a last resort. They want to see the family stay intact if possible. CPS exists to protect children, and the best place for a child is in his or her home.

Therefore, if a home is not safe, the first effort of CPS will be to see if the environment can be made safe. Case workers will offer parenting classes as well as specific advice on how to make the home safe. If a dangerous environment can be transformed into a safe place for the child, the case will be considered a success.

However, if despite CPS efforts, the child still remains at risk of abuse and neglect, CPS is allowed to remove the child from the home. A court order must be issued for CPS to take the child unless the case meets one of the following exceptions. First, if there is an immediate danger to the health of the child, CPS does not need to wait for a court order. Second, children who are victims of sexual abuse or are in an area that manufactures methamphetamines may be removed immediately. Lastly, if the caretaker is taking a controlled substance, law enforcement is permitted to remove the child.

When a child is taken without a court order, a hearing will be scheduled for the next weekday. The parents will need to name three people who can care for the child while the parent undergoes CPS services.

Contact Us

If you are being investigated by CPS, it is important to know your rights. Contact the Frisco family lawyers of Alexander & Associates by calling 972-420-6570.