CPS Investigation Child Sexual Abuse Defense Lawyer

A CPS investigation looks at child safety. A child sexual abuse accusation can lead to a separate criminal case. Both can run at the same time. This page explains both tracks for anyone searching for a CPS investigation child sexual abuse accusation defense lawyer Texas, including readers in Collin County and Dallas-Fort Worth who are researching a situation they did not choose.

What a CPS Investigation and an Accusation Mean

A CPS investigation is a child-safety review by the Texas Department of Family and Protective Services (DFPS). A criminal case is handled by police, prosecutors and courts. Those are two different tracks.

DFPS asks whether a child is safe. Investigators may visit the home, interview people and discuss a safety plan if they find concerns. A police or sheriff’s office may open a criminal investigation at the same time. The DFPS abuse reporting page says its civil investigations are distinct from criminal investigations of child abuse allegations.

This page is for parents, guardians, relatives, teachers, coaches and other adults named in a report or accusation. It also helps family members searching on someone else’s behalf.

Barbieri Law Firm handles the criminal defense side. CPS or family-court representation outside criminal defense is likely to be referred to another firm.

How Texas Sorts Abuse, Neglect and Sexual Abuse

A report names a category, and the category matters. Sexual abuse is the category most tied to criminal law.

Investigators may label a report as abuse, neglect or sexual abuse. Each label points to different facts. Write down the exact words of any allegation as soon as you hear them.

Texas criminal law uses the term too. In Texas Penal Code § 21.02, “act of sexual abuse” means any act that is a violation of one or more of the listed penal laws, which include certain indecency-with-a-child conduct under § 21.11(a)(1).

A CPS finding and a criminal charge are different outcomes. A finding comes from a child-welfare review. A charge starts a criminal case with its own filings, court dates and records.

How Reports Begin and What DFPS Investigators Do

DFPS reviews the report and may open an investigation.

It then issues a disposition.

Investigators may interview the parent or caregiver, see the child and review home safety.

Children may be interviewed at a child advocacy center. The OJJDP interview guidance describes standards that include open-ended questions and avoiding repeated questioning of the child. Interview recordings can matter later in a criminal case, so review them with a lawyer.

When an Accusation Becomes a Criminal Case

An accusation becomes a criminal case when police or a prosecutor files a charge. The charge sets the felony grade and the penalty range.

• Indecency with a child: a second-degree felony for sexual contact and a third-degree felony for exposure-based conduct, under Texas Penal Code § 21.11.
• It requires two or more acts of sexual abuse over a period of 30 or more days, and the actor must be 17 years of age or older while the victim is a child younger than 14 or a disabled individual.
• Online solicitation of a minor: a third- or second-degree felony under § 33.021, depending on the conduct and the minor’s age.

A first-degree felony carries life or 5 to 99 years under § 12.32. A second-degree felony carries 2 to 20 years under § 12.33. Each also allows a fine of up to $10,000.

The National Center for Missing & Exploited Children describes what online enticement involves. The two tracks run separately, so each needs its own review.

First Steps in the First Days

The first steps are to speak with a lawyer before any statement, keep your records and follow every bond condition.

• Talk with a lawyer before you answer questions. What you say can matter in both tracks. Ask your lawyer whether a statement was recorded.
• Preserve everything. Keep phones, messages, photos, social media posts and witness contact information. Do not delete or edit anything.
• Protect parenting time. Stay calm, write down schedules and visits, and bring a lawyer into decisions about visits. Avoid arguments with the reporter, the child or the other parent.

What Criminal Defense Covers in These Cases

Criminal defense reviews the case file, the statements and the charge. It then explains your options at each stage.

• Investigation file review. This includes police reports, forensic interview recordings and any physical or digital evidence.
• Proof review. When physical evidence is limited, the review often turns to the statements, their timing and how they were taken.
• Bond and protective orders. Under Texas Code of Criminal Procedure art. 7B.001, any adult, including a parent or guardian, acting on behalf of a victim described in subdivision (1) or (2) of that subsection may apply for a protective order if the victim is younger than 18 or an adult ward. A prosecuting attorney may also apply on the victim’s behalf.
• Pretrial and trial steps. We handle motions, communication with prosecutors, plea discussions and trial preparation. Each step is explained in plain language, with the options.
• Coordination. Criminal strategy can affect the CPS side, so we review both tracks together. Work outside criminal defense is likely to be referred to another firm.

Why Barbieri Law Firm and Your Questions Answered

Barbieri Law Firm is a Frisco, Texas criminal defense firm for professionals and other adults accused of sex crimes and assaultive offenses. Heather Barbieri leads the firm and is responsible for this page.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization

Carrie Thomas is also a lawyer with the firm. Our team supports the firm’s lawyers with case work.

Talk With Barbieri Law Firm About Your Situation

If a CPS investigator or police officer has contacted you or someone you love, you did not choose this situation. Our team can review the criminal side with you, and you do not have to sort it out alone. Send your case details through the contact form or call (972) 424-1902. The initial consultation is free, confidential and without obligation.

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