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CPS Investigation in Texas? Why You Need a Criminal Defense Attorney First
If Child Protective Services (CPS) has contacted you or shown up at your home, your first instinct may be to cooperate fully, i.e. to answer their questions, let them in, and explain your side of the story. That instinct is understandable, but it can be devastating to your criminal defense.
Here is what most people do not realize: CPS investigations and criminal investigations frequently run in parallel. The same allegations that trigger a CPS case can trigger a criminal investigation by law enforcement. The information you provide to CPS such as your statements, your explanations and your admissions can be shared with police and prosecutors and used as evidence in a criminal case against you. You have no attorney-client privilege with CPS workers. Nothing you tell them is confidential from law enforcement.
Before you speak with CPS, you should consult with a criminal defense attorney. Deandra Grant Law does not handle CPS cases directly, but we defend clients against the criminal charges that frequently arise from CPS investigations and protecting your rights in the criminal case must begin before you make statements that CPS can share with prosecutors.
How CPS Investigations Become Criminal Cases
Texas law requires certain professionals such as teachers, doctors, nurses, daycare workers, counselors, and others to report suspected child abuse or neglect to CPS or law enforcement. When a report is made:
- CPS opens an investigation to determine whether the child is safe and whether services are needed for the family.
- Law enforcement may simultaneously open a criminal investigation into the same allegations.
- CPS investigators and law enforcement officers may share information, conduct joint interviews, or rely on each other’s findings.
- Statements you make to CPS can be included in their report, which becomes available to prosecutors through discovery
In many cases, a parent cooperates fully with CPS by explaining what happened, admitting to conduct they thought was harmless, or providing detailed accounts of events without realizing that every word they say is being documented and may be used against them in a criminal prosecution.
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The Parallel Proceedings Problem
When you are facing both a CPS case and a criminal case simultaneously, the two proceedings create a dangerous conflict:
- CPS wants cooperation. CPS’s stated goal is child safety and family services. Their investigators encourage parents to be open, honest, and cooperative. A parent who refuses to cooperate with CPS may face adverse consequences in the CPS case, including potential removal of the child from the home.
- Your criminal defense requires caution. Your Fifth Amendment right against self-incrimination means you do not have to provide statements that could be used against you in a criminal case. But exercising that right in the CPS context can create the impression of non-cooperation and may escalate the CPS response.
- What you say in one case affects the other. If you provide a detailed statement to CPS, that statement becomes evidence in the criminal case. If you refuse to speak with CPS, that refusal may affect the CPS case. You need a criminal defense attorney to help you navigate this conflict without making statements that damage your criminal defense.
Criminal Charges That Arise from CPS Investigations
The most common criminal charges that parallel CPS investigations include:
- Injury to a child (§22.04) — ranging from state jail felony to first-degree felony depending on the severity of injury and the mental state alleged
- Child endangerment (§22.041) — abandoning or placing a child in conditions that create imminent danger of harm
- Leaving a child in a vehicle (§22.10) — Class C misdemeanor that can escalate if the child is harmed
- Assault — family violence — when the alleged injury involves a family member’s child
- Sex offenses involving children — indecency, sexual assault, aggravated sexual assault, and continuous sexual abuse charges
- Failure to report or failure to protect — when a parent knew about abuse by another person and failed to act
What You Should Do If CPS Contacts You
- Do not panic. A CPS investigation does not mean you will be charged with a crime. Many CPS cases result in no criminal charges.
- Be polite but do not make detailed statements. You can identify yourself and confirm basic information, but you should not provide a narrative account of events without legal counsel.
- Contact a criminal defense attorney immediately. Even if you have not been charged with a crime, an attorney can advise you on how to interact with CPS without making statements that could be used against you in a criminal case.
- Do not consent to a search of your home without a warrant or court order. CPS investigators may ask to look around your home. You have the right to ask whether they have a court order. If they do not, you can decline the search — though this decision should be made with the advice of counsel.
- Do not discuss the case on social media or with friends and family. Anything you say to anyone other than your attorney can potentially be used against you.
- Document everything. Write down the names of the CPS investigators, the date and time of their visit, what they said, and what they asked. Share this information with your attorney.
How Deandra Grant Law Helps
We do not handle CPS cases. What we do is defend you against the criminal charges that CPS investigations can generate. When you contact us at the earliest stage of a CPS investigation, we can:
- Advise you on how to interact with CPS without making statements that damage your criminal defense
- Intervene before criminal charges are filed, potentially preventing charges entirely
- Coordinate with a CPS/family law attorney to ensure your rights are protected in both proceedings
- Begin building your defense immediately, including retaining medical experts, forensic experts, and our in-house mitigation team
- Protect your rights if law enforcement contacts you for a statement or seeks a warrant
The earlier you involve a criminal defense attorney, the better your position in both the CPS case and any potential criminal case. Do not wait for criminal charges to be filed. By that point, you may have already made statements to CPS that the prosecution will use against you.
Protect Yourself — Contact Deandra Grant Law
If CPS is investigating you or if you are facing criminal charges involving a child, contact Deandra Grant Law for a free, confidential consultation. Attorney Douglas Huff, Criminal Division Chief, is ready to help.
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“Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant’s reputation is stellar and now I know why. She has a team of individuals who provide quality service.”
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