Legal Representation During CPS Investigations Protects Parents’ Rights and Keeps More Children Safe with Their Families — But Most Texas Families Face CPS Investigations Without a Lawyer
Over the last 10 years, the Texas Legislature has prioritized protecting parents’ rights in Child Protective Services (CPS) cases and keeping children safely at home instead of entering foster care. When families receive strong legal representation from the onset of a CPS investigation, not only do they have someone to hold CPS accountable and secure parents’ rights, but families also address safety concerns sooner, are less likely to have a child removed and placed in foster care, and provide courts with better information for decision-making. Unfortunately, a recent survey of legal professionals across Texas underscores that families rarely have legal counsel during CPS investigations. Texas should invest in expanding the CPS attorney workforce so families can access legal representation earlier — during CPS investigations. Without enough attorneys, families cannot get the help they need at this critical stage.
The Legislature Should Take Two Steps to Expand Access to Legal Representation During CPS Investigations:
1. Fund the Family Protection Program at the Texas Indigent Defense Commission
2. Pass Laws to Improve Access to Counsel and Transparency in Local Funding for Legal Services in CPS Cases
