Texas Child Protective Services Investigations
We help families facing child protective investigations, often called CPS, CPI, or DFPS investigations.
In this article, we’ll walk you through what to expect, what to do (and what not to do), and how to protect your family from unnecessary intrusion or separation.
When CPS Knocks, Call an Attorney to Protect You & Your Children
If Child Protective Services (CPS) or CPI (Child Protective Investigations) calls or knocks at your door, your first move should be to contact a lawyer—before you say anything else.
We’ve seen too many cases where good parents tried to cooperate, hoping to clear up a misunderstanding—only to end up facing felony charges or loss of custody. Sometimes it’s a football bruise. Sometimes it’s a teacher who misunderstood. And sometimes, it’s an ex or family member weaponizing the CPS process out of spite.
Of course, CPS also plays a vital role in protecting children from abusive and neglectful parents. However, its caseworkers are only ordinary people tasked with investigating every report filed, often in complex situations where all the facts are disputed.
For example: in 2024, the average Collin County CPI Investigator managed 8.6 cases per day. In Denton, the average daily caseload for a CPI Investigator was 7.2. (Figures from DFPS Employee Statistics)
The State of CPS and How It Impacts You
The stress of managing these caseloads contributes to high staff turnover; staff turnover in 2024 ranged from 29.9% (for Collin County’s CPI division) to 99.5% (for Denton County’s 99.5%).
High turnover in any business can (and does) lead to mistakes, and CPS is no different. These mistakes can be devastating for you and your child. However, you can take steps to protect yourself, and the first step when first contacted by CPS is to tell them you will not answer any questions (or let them in your house) without your lawyer. Your second step is to immediately hire a lawyer!
Whatever the cause, don’t try to explain your way out of it. Get experienced legal help immediately. An attorney who knows how CPS investigations really work can often prevent things from escalating in the first place.
At Whitten Legal we want you to know this: you have rights—and you are not alone.
Protect Your Child and Your Rights
Talk to Greg Whitten, a North Texas family law attorney who knows how to navigate support, strategy, and courtroom expectations with focus and credibility.
Or Call Us: 972-362-3662
What’s the Difference Between CPS, CPI, and DFPS–and Who Investigates Child Abuse Allegations?
The earlier you involve an attorney, the better your chances of protecting your family and controlling the outcome.
Most parents have heard of “CPS,” but the full picture is a bit more complex. In Texas, Child Protective Services (CPS) and Child Protective Investigations (CPI) are both part of the Department of Family and Protective Services (DFPS). These are the agencies responsible for investigating reports of abuse or neglect—and taking steps when a child’s safety is thought to be in danger.
CPI typically handles the initial investigation. If the case continues, it may be transferred to another CPS unit for longer-term involvement. These investigators have broad authority, including the ability to seek emergency removal of children from a home.
But, their actions must still follow Texas law.
That’s why it’s critical to understand your rights from the start.
Why A DFPS / CPS Social Worker Might Contact You
If you’re contacted by DFPS, CPS, or especially a social worker from Child Protective Investigations (CPI), usually a report has been made alleging a child in your care may be at risk of abuse or neglect.
Under Texas law, every adult is required to report suspected child abuse or neglect immediately–and CPI is legally obligated to investigate every report they receive…
…even if the allegations seem exaggerated or baseless. Many good parents are shocked to learn a report has been made, especially when it stems from a misunderstanding, a custody dispute, or a personal grudge.
Even if you know the allegations are false, how you respond in those first conversations matters. The social worker may seem casual, but their role is investigative. It’s wise to speak with a lawyer before answering questions—even if you feel you have nothing to hide.
Reports may come from anyone, but are often made by:
School Teachers
& Personnel
Medical Professionals
Relatives
& Co-Parents
Neighbors
& Acquaintances
Anonymous Callers (Including Your Ex)
What Happens During a CPS Investigation?
Attorney Greg Whitten will help you understand your rights, review the facts of your situation, and handle communication with CPS on your behalf.
A Child Protective Services (CPS) investigation typically takes up to 30 days from the date the report is received. However, the timeline can vary depending on the complexity of the case.
If CPS calls, do not panic—but do not go it alone either. Even if you have nothing to hide, it’s critical not to speak or act without legal guidance. Missteps during this stage can escalate the situation quickly. Contact an attorney before agreeing to any plan, interview, or waiver.
Once a report is made and CPS finds it credible, CPS may:
- Visit your home without prior notice
- Request to speak with your children alone
- Ask to inspect your living conditions
- Interviewing relatives, teachers, or medical providers
- Suggest or mandate a “safety plan”
Your Rights When CPS Calls
In Texas, you have legal rights during every phase of a CPS case, including:
- The right to consult with an attorney
- The right to refuse entry to your home without a court order
- The right to be present when your child is interviewed (except in rare cases)
- The right to understand and challenge any allegations made against you
We’ve seen families unknowingly waive their rights by trying to “cooperate” without legal counsel.
Don’t make that mistake–everything you or your child say or do while you’re “cooperating” can be used against you later.
What To Do Immediately
If CPS shows up at your door, you may wish to follow these steps:
- Remain calm. Don’t let emotions dictate your decisions. Do not argue or get defensive.
- Ask for identification and get the name and contact information of the investigator.
- Politely decline entry unless they present a court order.
- Do not sign anything or agree to interviews without legal advice.
- Call an attorney right away. Don’t assume that cooperating blindly will make things go away—it could do the opposite.
CPS involvement is serious—but it doesn’t necessarily mean you’ll lose your children. With experienced legal counsel, you can avoid missteps, assert your rights, and work toward a fair, stable, child-centered resolution.
Get Help from Whitten Legal Today
Whether you’ve been contacted, investigated, or are facing removal proceedings, time is of the essence.
Let Whitten Legal stand between your family and the state. You deserve a strong advocate—someone who knows Collin County, knows CPS, and knows how to fight for you. We know CPS—and we know how to protect your rights.
Facing CPS is overwhelming, but acting on fear or false assumptions only makes it harder. If you or someone you know has been contacted by CPS, protect your family by getting the facts—and a strong legal advocate.
Common Myths About CPS
Myth: If you don’t cooperate, CPS will automatically take your children.
Truth: You have legal protections. CPS is prohibited by law from removing children without a court order, except in true emergencies.
Myth: If I don’t let CPS in, I’ll look guilty.
Truth: You are not legally required to allow a CPS investigator into your home without a court order. In fact, allowing them in without understanding your rights can sometimes make things worse. You can—and should—politely decline entry and request to speak with an attorney first.
Myth: Signing a “safety plan” helps the situation.
Truth: A safety plan is a legal document that may waive your rights. Never sign one without consulting an attorney.
Myth: Only bad parents get investigated.
Truth: Many CPS investigations start from false or exaggerated reports. Some are made out of revenge, confusion, or cultural misunderstandings. An investigation does not mean you’ve done something wrong—but how you respond matters.
Myth: I don’t need a lawyer unless they go to court.
Truth: By the time a CPS case reaches court, a lot of damage may already be done. By your court date, your child may have separated from one or both parents and even placed in foster care. An attorney can help from day one—protecting your rights, responding to investigators, and preventing escalations. The earlier you get help, the more options you have.