Few things are more frightening than a call or a knock from Child Protective Services. Parents in New Braunfels and throughout Comal County often feel blindsided, unsure what they are allowed to say, and afraid any answer will be used against them. Our family law attorneys help parents understand what is happening, protect their rights and work toward bringing their children home or keeping them home.
CPS is part of the Texas Department of Family and Protective Services (DFPS). This page explains how a CPS case usually unfolds in Texas, what the key deadlines are, and how to put yourself in the best position.
How a CPS Case Starts
Most cases begin with a report to the statewide abuse hotline. Reports can come from teachers, doctors, counselors, neighbors, relatives or a former partner. Not every report leads to an investigation, and not every investigation leads to court.
Once a report is assigned, an investigator will usually:
- Visit the home and the child, sometimes at school.
- Interview the parents, the child, other children and household members.
- Ask for drug tests, medical records or names of collateral contacts.
- Decide whether there is a safety threat and whether a safety plan is needed.
Your Rights During an Investigation
You have rights even before any lawsuit is filed:
- You can ask the caseworker for identification and for the general nature of the allegation.
- You can ask to have a lawyer present or to speak with a lawyer before an interview.
- Without a court order, consent or an emergency, you generally do not have to allow entry into your home.
- You do not have to sign documents on the spot, though delay can have consequences.
How you use these rights matters. Being calm, polite and organized almost always helps. Hostility, hiding the children, or coaching them can make things far worse. The best approach is usually to cooperate in a careful, informed way, with legal advice early.
Possible Outcomes of an Investigation
| Finding | What it generally means |
|---|---|
| Ruled out | The investigator found the alleged abuse or neglect did not occur |
| Unable to determine | Not enough evidence either way |
| Reason to believe | The investigator concluded abuse or neglect occurred |
| Family-based safety services | The case stays open with services while the children remain home or with family |
| Removal and lawsuit | DFPS asks a court for emergency custody |
A “reason to believe” finding can affect jobs working with children and future cases. There is an administrative review process to challenge it, with short deadlines.
When CPS Removes a Child
If DFPS believes a child is in immediate danger, it may remove the child, with or without a prior court order, and file a lawsuit in the district court of the county where the child lives. For a New Braunfels family, that may be Comal County or Guadalupe County. Our Comal County family court page explains the local court setting.
The court process then moves quickly:
- Emergency order. A judge signs an initial order, often the same day or the next business day.
- Adversary hearing. Texas law generally requires a full adversary hearing within 14 days of removal. This is the parents’ first real chance to present evidence and ask for the children’s return. Preparation for this hearing matters a great deal.
- Status hearing. The court reviews the family service plan.
- Permanency hearings. The court checks progress at regular intervals.
- Final trial or dismissal. Texas law sets an overall deadline. Generally, unless trial has started or the court grants a limited extension, the case must be resolved or dismissed by around the first anniversary of the temporary order (Tex. Fam. Code § 263.401).
At each hearing, a parent can ask for changes in placement, visitation or services.
The Family Service Plan
The service plan is the roadmap DFPS and the court expect the parent to follow. It often includes:
- Parenting classes.
- Psychological or substance-use assessments and any recommended treatment.
- Random drug testing.
- Individual or family counseling.
- Stable housing and income.
- Regular visits with the children.
Completing services is not just a box to check, but failing to complete them can become a ground for termination. If a requirement seems unrealistic, for example because of work schedules, a commute along I-35 or transportation from Canyon Lake, raise it early so it can be adjusted rather than failed.
Possible Endings to a CPS Lawsuit
- Return of the children to the parent, sometimes with a period of monitored return.
- Permanent conservatorship to a relative, without terminating the parent’s rights.
- Permanent managing conservatorship to DFPS.
- Termination of parental rights, which requires clear and convincing evidence of a statutory ground plus best interest. See termination of parental rights.
How a Private Family Lawyer Helps in a CPS Case
Parents who qualify will be appointed a lawyer once DFPS files suit. Some parents prefer to hire their own counsel, and others need help before any suit is filed. A family law attorney can:
- Advise you before interviews and before you sign a safety plan.
- Identify relatives or friends who could serve as placements.
- Gather school, medical and counseling records that support you.
- Prepare you and your witnesses for the adversary hearing.
- Push for reasonable services and more visitation as you make progress.
- Address related family-law issues, such as a custody order with the other parent. See conservatorship.
Steps You Can Take Today
- Write down what happened, with dates and names, while it is fresh.
- Keep copies of everything CPS gives you.
- Stop any behavior the allegations involve, and document your progress.
- Stay off social media about the case. See our social media guide, which applies here too.
- Attend every visit and appointment, on time.
Talk With a New Braunfels Family Lawyer About a CPS Case
If CPS has contacted you in New Braunfels, Seguin, San Marcos or anywhere in Comal County or the surrounding counties, the sooner you get advice, the more options you are likely to have. Call (830) 302-4071 for a free, confidential consultation, and see our fees page for how we bill. Se habla español.
Frequently Asked Questions
Do I have to let a CPS caseworker into my home?
Without a court order or an emergency, you are generally not required to let a caseworker in, and you can ask to speak with a lawyer first. Refusing can have consequences, though, including the agency seeking a court order, so get advice quickly rather than simply ignoring the request.
What is a safety plan, and do I have to sign it?
A safety plan is a written agreement, often made early in an investigation, about who will care for the child and what conditions apply. It is usually presented as voluntary, but it can shape the rest of the case, so read it closely and ask questions before signing.
Can relatives take my children instead of foster care?
Often, yes. DFPS looks for kinship placements with relatives or close family friends, who must pass a home assessment and background checks. Give the caseworker names of suitable relatives as early as possible.
What happens if CPS closes the investigation?
The investigation ends with a finding. If the finding is ‘reason to believe,’ the parent’s name may be placed on the DFPS central registry, and there is an administrative review process to challenge that finding. Ask about deadlines right away.
Will I get a free lawyer in a CPS case?
If DFPS files a lawsuit seeking conservatorship or termination, a parent who cannot afford a lawyer can ask the court for an appointed attorney. During the investigation stage before any lawsuit, there is usually no appointed counsel.
Last reviewed November 13, 2026. General information only, not legal advice.