"The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy."

~Martin Luther King, Jr.

A SUIT HAS BEEN INSTIGATED AGAINST ME BY THE AG'S OFFICE, NOW WHAT?

The Attorney General's Office most commonly gets involved in cases in which a former spouse was ordered to pay support (child, medical or spousal support) and the former spouse has failed to pay.  While there may be legitimate reasons for non-payment, it is imperative that you immediately contact an attorney to discuss your case.  Many times the Court sets these matters for hearing quickly and the more time you and your attorney have to prepare your case the better off you will be.

DOES THE ATTORNEY GENERAL'S OFFICE REALLY PUT PEOPLE IN JAIL?

Absolutely.  The Attorney General's Office may seek and have the Court grant jail time for those who violate Court Orders.  Therefore all allegations made by the attorney general's office should be taken seriously.  

WHAT IS CHILD PROTECTIVE SERVICES?

CPS receives, investigates, and assesses reports of child abuse and neglect by parents, family, or household members. CPS offers services after investigations if: (1) children are not immediately safe from abuse or neglect; or (2) a reasonable likelihood exists that children will be abused or neglected in the foreseeable future and families have demonstrated that they cannot control factors placing children at risk of abuse or neglect.

If needed, services are offered to parents to help them solve their problems and learn how to care for and discipline their children in ways that do not harm them or place them at risk of abuse or neglect. These services may include: (1) counseling, (2) day care, (3) homemaker, (4) evaluation and treatment, and (5) parenting training.

CPS HAS COME TO MY HOUSE, WHY?

State law requires anybody who believes that a child has been abused or neglected to make a report to the Child Protective Services (CPS) program of the Texas Department of Family and Protective Services (DFPS) or to a law enforcement agency. The law requires CPS to investigate reports of child abuse or neglect for the primary purpose of protecting children.

WHAT DOES CPS DO IN AN INVESTIGATION?

When investigating a report, a caseworker usually:

• talks to and visually examines the child reported to have been abused or neglected. The talk with the child may be audio taped or videotaped. The interview may be conducted at any reasonable time and place, including at school. The caseworker may transport the child for purposes relating to the interview or examination. CPS will make a reasonable effort to notify you of this interview and the nature of the allegations within 24 hours after it has taken place.

• discusses the report with you to gain an explanation about the harm or risk of abuse or neglect to the child. You can ask to see the caseworker’s DFPS identification card. The caseworker will tell you how he or she can be contacted during the investigation. It is illegal for the caseworker to tell you who made the report.

• obtains criminal history information about people alleged to have abused or neglected your child. As necessary, the caseworker may also:

• interview and visually examine all children in the home;

• interview any other person alleged to have abused or neglected your child;

• interview anyone with information about the situation, including those who can verify explanations of the harm to your child;

• ask for access to mental health records on your child, parents, or people alleged to have abused or neglected your child;

• ask for a medical, psychological, or psychiatric examination of your child if it is necessary to establish whether abuse or neglect has occurred or if risk of abuse or neglect exists; and

• visit the child’s home.

In any event you should provide your full cooperation with the caseworker in taking these steps, which are authorized by law, to complete the investigation. 

HOW LONG WILL IT TAKE CPS TO INVESTIGATE?

The caseworker normally completes the investigation in 30 days. As a result of the investigation, the caseworker will decide if:

• abuse or neglect occurred; and

• the child is at risk of abuse or neglect.

If it has been determined that the child is at risk of abuse or neglect, the caseworker will decide if:

• immediate safety services are needed; and

• long-term treatment services are needed to reduce the risk of abuse or neglect.

The caseworker will get approval regarding these decisions from his or her supervisor and then will inform you about them.

SHOULD I HIRE A LAWYER?

Yes. You have the right to consult with a lawyer at any point in the investigation at your own expense. You are urged to hire a lawyer if CPS takes court action or removes your child in an emergency.

WILL CPS TAKE MY CHILD AWAY?

CPS believes that children should not be removed from their homes except to protect them from abuse or neglect and when there are no reasonable efforts CPS can make to provide for the children's safety and prevent their removal. CPS is allowed by law to remove children for abuse and neglect or at risk of abuse or neglect only after a court orders it or when there is immediate danger to the children’s physical health or safety (or the child has been sexually abused) and CPS seeks a court hearing the first working day after the removal.

When children are removed, the caseworker meets with the family to develop a case plan that addresses visitation, child support, rehabilitative services, any court-ordered provisions, and the return of the child to the home when it is safe. The parents may ask the court to address these issues also.

CPS files a case plan with the court, which reviews the plan at the next court hearing. Parents are encouraged to attend. If the court orders you to receive services from a mental health provider, you need to know that the information you give the provider is not confidential and that the mental health provider may tell the court what you have said.  On rare occasions, the home remains unsafe for the child. In these cases, the court may end the parents’ rights to the child, and CPS finds another permanent family for the child.

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* Not Certified by the Texas Board of Legal Specialization.

Principle Office is in Dallas, Texas.  Meetings with lawyers are by appointment only.

Anthony Veader is an attorney, mediator and counselor servicing Denton, Dallas and Collin counties which cities include: Allen, Celina, Fairview, Farmersville, Frisco, Lavon, Lucas, McKinney, Melissa, Murphy, Plano, Princeton, Prosper, Richardson, Aubrey, Carrollton, Corinth, Denton, Flower Mound, Highland Village, Justin, Krum, Lake Dallas, Lewisville, Little Elm, Pilot Point, Ponder, Sanger, The Colony, Addison, Cedar Hill, Coppell, Dallas, DeSoto, Duncanville, Farmers Branch, Garland, Grand Prairie, Irving, Mesquite, Rowlett,  Seagoville, Wylie.  The Law Office of Anthony Veader, P.C. handles matters including, but not limited to divorce, modifications, child support, child custody, visitation, access, domestic abuse, military divorces, annulments, restraining orders, protective orders, paternity, Divorce Decree Enforcement and Divorce Decree Violations, Relocation and Travel Issues, Name Changes, Common Law Marriages, CPS Cases, AG Cases and IV-D Court Cases.

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