Facing a Child Sex Crimes Charge? Here's How CPS Fits In

Short Answer: CPS and the Criminal Case Run on Separate Tracks

So, can CPS remove my children after a child sex crime accusation in Texas? It depends on the facts of the allegation, the household and the investigation. No one can predict the result from the accusation alone.

Civil matters handled by the Texas Department of Family and Protective Services (DFPS), often called CPS, fall outside this firm’s criminal defense practice and are likely to be referred to another firm. A criminal case is separate. The state brings the charge, and criminal rules decide it.

The two tracks often run at the same time. A caseworker may visit the home while police are still looking at the allegation. Each track has its own rules, hearings and timeline. What a parent says or signs in one track can matter in the other.

The criminal side can be serious. Under Texas Penal Code § 21.11, indecency with a child by sexual contact is a second-degree felony. This page explains the CPS process, the removal rules, the court hearings, safety plans, and where criminal defense counsel fits.

How a CPS Investigation Starts After a Child Sex Crime Accusation

A CPS investigation usually starts with a report to the DFPS abuse and neglect hotline. Intake staff review the report. If it moves forward, a caseworker is assigned to investigate.

The caseworker typically speaks with the child. They also speak with parents, caregivers and other people who live in the home. A home visit is common, and the caseworker may ask to interview the person accused.

Police may be investigating the same allegation. That means a CPS interview and a police interview can happen close together. A child may be interviewed more than once.

The caseworker works for the agency. Their questions gather facts for the agency’s file. Your answers can be written down, shared with others and read again later in both cases.

Many parents answer too fast or try to explain the whole history in one sitting. Slow down. Ask what the visit is about. Avoid questioning the child about the allegation yourself. Talk with Barbieri Law Firm before you give a detailed account.

When CPS Can Take a Child Without a Court Order

An emergency removal is not a final decision about custody. It starts a court process, and a judge decides what happens next. Parents should not assume the family has already lost the case. They should not assume the case will end quickly, either.

Who lives in the home also matters. Texas law defines a household as persons living together in the same dwelling, whether or not they are related, under Texas Family Code § 71.005. The Family Code defines family more broadly, including relatives and parents of the same child, under Texas Family Code § 71.003.

Texas law defines “household” separately in Texas Family Code § 71.005 as persons living together in the same dwelling, without regard to whether they are related. Under that definition, a live-in partner may be part of the picture, while the § 71.003 definition of “family” covers relatives by blood or marriage (as determined under the Government Code), former spouses, parents of the same child (whether or not they married), and a foster child and foster parent, whether or not they live together.

What Happens at the Court Hearings That Follow

After a removal, the court holds early hearings. The judge can also set temporary orders that limit a parent’s contact with the child.

Those orders can change as the case develops. A parent should keep every court notice and attend each hearing. Each hearing is a chance to be heard.

Barbieri Law Firm does not handle civil child-protection cases; they are likely to be referred to another firm.

Family violence protective orders can also limit where a person goes. Under Texas Family Code § 85.022, a court may prohibit a person found to have committed family violence from going to or near the residence, child-care facility or school a protected child attends.

Safety Plans, Home Visits and Statements to Investigators

A safety plan is an agreement that sets conditions while the investigation is open. It may say who lives in the home, who supervises the child and where the child stays. Read every term before you sign. Ask what happens if a term is broken.

Think before each interview. Ask which documents are being requested. Before you make your own statements, talk with Barbieri Law Firm about whether a lawyer should be present. Statements to a caseworker can be shared with others involved in the matter. Each answer may affect the criminal charge and the CPS timeline.

Where Criminal Defense Counsel Fits Alongside the CPS Case

Criminal defense counsel reviews the criminal allegation, the evidence, the charge and any bond or protective conditions. Those issues should be coordinated with what is happening in the CPS case.

The two tracks can have different deadlines, hearings and rules about contact with the child. A single plan that covers both is usually easier to follow. A lawyer can explain the options in each track and prepare the parent for interviews.

The tracks also connect. Under Texas Code of Criminal Procedure Art. 7B.003, a conviction or deferred adjudication for a listed offense counts as reasonable grounds for the court’s finding in a protective order case. Under Texas Code of Criminal Procedure Art. 7B.003(c), an offender’s conviction of, or placement on deferred adjudication community supervision for, an offense listed in Article 7B.001(a)(1) or (2) constitutes reasonable grounds under Subsection (a) at a protective-order hearing.

The charge matters too. Under Texas Penal Code § 22.021, aggravated sexual assault is a first-degree felony. The minimum prison term rises to 25 years when the victim is younger than 10.

Barbieri Law Firm reviews the evidence, including interview records and safety plan terms, and explains your options. No lawyer can predict how a court or caseworker will decide a case.

If a Criminal Charge Involves a Child: Talk With Barbieri Law Firm

Maybe a caseworker has scheduled a visit, proposed a safety plan, or sent a court notice that mentions removal. You may be trying to protect your children right now while a child sex crime allegation is pending. You’re dealing with two cases at once, and you don’t have to sort them out alone.

Before you speak with Barbieri Law Firm, gather the CPS paperwork, any court notices, the caseworker’s name and contact details, and any criminal charging papers. Write down the date of each contact so the timeline is clear.

Barbieri Law Firm offers a free first consultation, which is confidential and carries no obligation to continue. Call (972) 424-1902 or send your case details through the contact page.

Frequently Asked Questions

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.