Credentialed CPS Attorney in El Paso
A CPS investigation is one of the most frightening experiences a parent can face. With the threat of your child being removed from your home, the stakes could not be higher. The process also moves quickly, whether you’re prepared or not. That’s why it is vital to seek out legal representation that is always prepared.
At the office of Richard Deck, Attorney & Counselor at Law, PLLC, we represent El Paso parents throughout every stage of the CPS process. Attorney Deck is a Certified Child Welfare Law Specialist recognized by the American Bar Association and the National Association of Counsel for Children, with extensive experience handling CPS cases from investigation through trial and appeal. Call (915) 532-1122 today for the legal help you need.
Know Your Rights in a CPS Case
As a parent in Texas, you have legal rights that CPS is not obligated to explain to you. Understanding what you are entitled to is the first step in protecting yourself and your family.
The Right to Be Informed
Because CPS holds significant power over your parental rights, feeling wary of its actions is completely natural, but it’s important to understand that CPS cannot intervene in your life without informing you of what it is doing and why. Remember that the following applies to your case:
- If CPS is investigating you and your family, you must be informed about the investigation and the reason behind it.
- If CPS meets with your child, you must be advised of this fact.
- If CPS schedules hearing dates or any other courtroom actions, you must be informed regarding their dates and times, and it is your right to attend these proceedings.
- If CPS completes its investigation into you and your family, you must be advised of this fact.
- You have the right to appeal CPS’s final decisions; their word is not necessarily final.
The Right to Legal Representation
You have the right to hire an attorney at any point in the CPS process. This is one of the most important rights you have, and exercising it early is crucial. Before making statements or agreeing to anything, be sure to contact Richard Deck, Attorney & Counselor at Law, PLLC.
The Right to Appeal
CPS findings and decisions are not automatically final. You have the right to appeal determinations made against you, and in court proceedings, you have the right to contest CPS’s position and present your own evidence.
The Right to See Your Child
If CPS has removed your child and placed them in temporary custody, you retain the right to visitation. Under Texas law, you generally cannot be required to wait more than five days after removal before visitation is allowed. An attorney can help you ensure this right is honored.
Why Choose Richard Deck as Your CPS Attorney
Attorney Deck holds a Certified Child Welfare Law Specialist certification, which is recognized by the American Bar Association and the National Association of Counsel for Children. It remains one of the most rigorous distinctions available in child welfare law, reflecting deep, specialized knowledge of CPS.
Richard Deck, Attorney & Counselor at Law, PLLC, has been serving El Paso for more than 25 years. Our firm knows the local courts, the local CPS office, and the legal landscape specific to El Paso County CPS proceedings. Don’t settle for anything but the best when you need legal representation in a CPS case.
Frequently Asked Questions
Do I have to let CPS into my home?
Generally, CPS does not have the legal authority to enter your home without your consent or a court order. However, refusing entry can sometimes escalate a situation. Before making any decisions about cooperating with CPS, including allowing entry or agreeing to interviews, contact an attorney. The right approach depends on the specific circumstances of your case.
Do I have to let CPS interview my child?
CPS may attempt to interview your child at school or in other settings without your prior knowledge or consent in some circumstances. If CPS seeks to conduct an in-home interview of your child, however, you should contact an attorney immediately to understand your rights and how to respond appropriately.
What should I say to a CPS caseworker?
You should be thoughtful and cautious about what you say to CPS before speaking with an attorney. Statements made during an investigation can be used in court proceedings. This does not mean you should be hostile or uncooperative. How you engage with CPS matters, but understanding your rights before making any formal statements is strongly advisable.
Can CPS remove my child without a court order?
In emergency situations where CPS believes a child is in immediate danger, Texas law allows for emergency removal without a prior court order. However, an emergency hearing must be held very shortly after the removal — typically within one to two days — at which a judge reviews the basis for CPS’s action. Parents have the right to attend this hearing and to be represented by counsel.
What is a full adversary hearing?
A full adversary hearing is held within 14 days of a child’s removal and is one of the first major court proceedings in a CPS case. At this hearing, the court determines whether the child should remain in CPS custody or be returned home, and may issue temporary orders governing conservatorship, visitation, and services. It is critical to have an attorney at this hearing.
What happens if I don’t complete my family service plan?
Failure to complete the services and requirements outlined in your family service plan is one of the most significant factors courts consider when evaluating whether parental rights should be terminated. If you are struggling to complete required services, contact your attorney immediately. Courts do consider good-faith effort, and an attorney can help document your compliance and address any obstacles.
Contact an El Paso CPS Attorney Today
If CPS has contacted you, investigated your family, or taken action involving your children, do not wait to get legal representation. Call (915) 532-1122 or contact us via the form below to schedule a consultation with Richard Deck, Attorney & Counselor at Law, PLLC.