Family Defense Project

Thousands of Texas parents have their parental rights involuntarily terminated each year. These terminations often begin with a report of alleged child abuse or neglect to the Texas Department of Family and Protective Services (DFPS), the umbrella agency that houses Child Protective Investigations (CPI) and Child Protective Services (CPS). From the initial report, parents may face investigations, extrajudicial services, lasting administrative findings, child removal from the home, and termination of their rights to their child. Families are separated and children are removed from their communities due to circumstances often stemming from poverty. 

Family Defense Project defends parental rights and preserves family integrity by representing parents involved with DFPS at a variety of stages. FDP prioritizes advocacy during the following five stages where an indigent parent is not otherwise entitled to a court-appointed attorney.

To apply for representation, call TRLA’s intake line (833) 329-TRLA(8752), Monday-Fridays from 9am-5pm CST.

Parents typically have their first encounter with DFPS when contacted by a CPI investigator. An investigation can quickly turn into a child’s removal from the home and subsequent court case; can pend in limbo while CPI gathers information and interviews the parents, children, and collaterals; or be referred for the family’s participation in voluntary services under the threat of court-involvement. Most Texas parents face investigations by this state agency without legal assistance. 

Parents have many rights during an investigation by CPI for allegations of abuse and neglect. Among others, parents have the right to not be interviewed, the right to decline consent for their child to be interviewed, and the right to refuse entry into their home. However, when and how a parent exercises their rights can have many unintended consequences depending on that unique family’s circumstances. FDP helps parents navigate the complex system of law and policy when under investigation.

If a parent doesn’t cooperate with an investigation, CPI can request that a judge issue an Order in Aid of Investigation to grant DFPS the following: access to the child’s home, access to interview the child, permission to obtain the child’s medical, psychological, or psychiatric records, and/or permission to obtain a parent’s medical or mental health records. The judge can also issue an order for the child or parent to complete a medical, psychological, or psychiatric examination. FDP provides advice and representation to parents faced with this Order.

If during the investigation, CPI believes there are dangers in the home and that the children need a safety intervention, then the case could be referred to Family Based Safety Services, which is an extrajudicial program under CPS. To avoid the risk of involuntary child removal from the home and court intervention, a family may agree to complete services that address identified safety risks under the oversight of an FBSS caseworker. 

Parents involved with FBSS often face an overbroad list of services, conflicting statements about how long CPS will be involved with their family, and devastating repercussions for not “voluntarily” participating. FDP can support parents in negotiating FBSS services, providing accountability for DFPS commitments, and mediating communication between fearful parents and FBSS caseworkers.

After an investigation by CPI is concluded, a parent will receive a letter from DFPS confirming the investigation is complete and whether an investigative disposition or finding was made. If the investigation disposition is Reason to Believe neglect or abuse occurred, then the parent will be given the option to contest this finding by requesting an ARIF within 45 days. If left unchallenged, a parent’s finding of Reason to Believe will place them on the DFPS Central Registry, often leading to collateral consequences for employment and future abilities to support DFPS-involved family members. 

FDP offers parents legal advocacy in these agency proceedings in which a DFPS employee will review the evidence – including evidence provided by the parent – to determine whether the Reason to Believe finding should be overturned.

As of September 2021, some parents whose rights were previously terminated are now able to petition the court to reinstate their parental rights. In order to be eligible, at least two years must have passed since the order terminated the parent’s rights, an appeal cannot be pending, the child cannot have been adopted, and the child cannot be the subject of an adoption placement agreement. In addition, the parent must show the court they have remedied the conditions that were grounds for the order terminating parental rights and are able to maintain their child’s health, safety, and welfare. FDP offers representation for eligible parents seeking to reinstate their parental rights.