Accused of a Child Sex Crime in Texas? You Do Not Have to Face It Alone.

CPS Investigation Sexual Abuse Accusation Parent Texas

A CPS investigation sexual abuse accusation parent Texas families face can start a second, separate track: a criminal investigation by police or a sheriff’s office. Both tracks can begin from the same report and run at the same time. This page explains how they differ, what investigators look at, and where a parent’s rights and choices fit. It does not predict how any case will end.

What This Defense Covers and Who It Is For

Criminal defense for an accused parent covers the criminal side of a child sexual abuse accusation.

This page is written for a parent, stepparent, guardian or other caregiver who has learned that a sexual abuse accusation was made about a child in their care. It also speaks to relatives who are researching on someone else’s behalf.

Two government agencies may look at one accusation. The Texas Department of Family and Protective Services (DFPS) asks whether a child is safe. Law enforcement asks whether a crime happened.

Charges that can follow an accusation include indecency with a child. Texas Penal Code § 21.11 covers sexual contact and exposure involving a child. Sexual assault of a child is defined in Texas Penal Code § 22.011, and it applies regardless of whether the actor knows the child’s age. Barbieri Law Firm defends child sex crimes charges of this kind.

How CPS and Criminal Investigations Run Side by Side in Texas

A CPS investigation sexual abuse accusation parent Texas matter can run on two tracks at once. The two tracks run separately, and a finding in one does not decide the other.

DFPS Child Protective Investigations receives abuse reports, evaluates whether a child is safe, and issues an investigation disposition.

The criminal track is run by police or a sheriff’s office. It can include interviews, evidence collection and a referral to a prosecutor.

A common criminal-side step is a forensic interview of the child, often at a child advocacy center. Professional guidance says these interviews should use open-ended questions and avoid repeated questioning, per OJJDP child forensic interview guidance.

• DFPS track: The goal is child safety. The agency can seek family cooperation, services or protective steps, and it keeps an investigation record.
• Criminal track: The goal is to learn whether a crime occurred. Investigators can seek statements, records and evidence, and the case can move to a prosecutor.

Treat every statement in either track as possibly important to the other.

What CPS Looks at in a Home Visit and Child Interview

During a home visit, a DFPS caseworker focuses on whether the child is safe and how the household keeps the child safe. The caseworker looks at living conditions, the people in the home, sleeping arrangements, and whether the adults can keep the child safe.

The caseworker may speak with the child, the parents and other household members. The caseworker may also ask for records, such as medical or school information.

The child interview is often held apart from the parents. It may take place at school or at a child advocacy center, and parents may not be in the room. The DFPS parent’s guide to investigation explains what to expect and the rights parents and alleged perpetrators have.

Before a home visit, a parent can:

• Ask who will attend, and get each person’s name and role.
• Keep the home and key records in order.
• Write down the date, time and names of every caseworker and officer.
• Talk with a lawyer before answering detailed questions about the allegation. Statements can matter in both tracks.

What Happens When a Parent Is Falsely Accused

In a CPS investigation sexual abuse accusation parent Texas case, the accusation is a starting point, not a finding. An accusation starts an inquiry; it does not prove that abuse happened.

Investigators compare the child’s words, the adults’ accounts and the timeline of events. They look at when a disclosure was made and to whom. Inconsistencies can appear when a child is questioned more than once, which is why professional guidance warns against repeated questioning.

A parent may face limits on contact with a child while an investigation is open. The agency’s safety assessment and any court order decide which limits apply. Ask what limits apply and why.

Mistaken accounts can contribute to wrongful convictions. The National Registry of Exonerations tracks exonerations and lists false accusations among the causes it records.

Whether a case moves forward depends on the facts, the evidence and the decisions of investigators and prosecutors. No one can predict that at the first meeting.

What CPS Can and Cannot Do, and Your Rights as a Parent

The DFPS parent’s guide to investigation explains who the investigator is and how the steps work. Read it early, so you know what each contact is for.

A safety plan is a common tool. If you are asked to sign one, review its terms before you sign.

A court can also be involved. Under Texas Code of Criminal Procedure art. 7B.002, a court may issue a temporary ex parte order without notice to the alleged offender and without a hearing. Texas Code of Criminal Procedure Art. 7B.002 reads: “If the court finds from the information contained in an application for a protective order that there is a clear and present danger of conduct described by Article 7B.001(a)(1) or (2) or other harm to the applicant.” That happens if the court finds a clear and present danger.

A protective order can prohibit threatening or harassing contact. It can also bar going to or near the residence, place of employment or business, school or child-care facility of the applicant or a member of the applicant’s family or household, and possessing a firearm (unless the alleged offender is a peace officer actively employed as a sworn, full-time paid employee of a state agency or political subdivision), per art. 7B.005. Violating these conditions can be an offense under Texas Penal Code § 25.07.

At a protective order hearing, a child’s statement can be admissible if the child is younger than 14 and describes a listed offense, per art. 7B.004.

Doctors, Schools and Reports About Your Family

Doctors, school staff and other people who work with children can report concerns. A parent may first learn of a report when an investigator makes contact.

A parent may not learn who made the report.

Schools can be part of an investigation. Ask the investigator what the school is being asked to provide, and whether school staff will be interviewed.

Gather medical and school records and keep them in one place. Keep a written timeline with dates and conversations for your lawyer. Avoid discussing the allegation with other parents, children or staff, because those conversations can be repeated later.

Why Barbieri Law Firm Handles These Cases

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends people accused of sex crimes and assaultive offenses in Collin County, Dallas-Fort Worth and across Texas.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization. Carrie Thomas is also a lawyer with the firm.

The firm’s criminal work covers sex crimes, child sex crimes, online sex crimes, aggravated sexual assault, aggravated assault and family violence. That lets one firm look closely at the criminal exposure.

Our approach starts with the allegation itself and any reports or recordings the defense receives. We explain your options in plain terms. No lawyer can promise a particular result.

Questions Parents Ask, and Your Next Step

You can talk with a lawyer before answering detailed questions about the allegation. A DFPS finding does not decide a criminal case.

If you have just learned of this accusation, worry about your child, your job and your freedom can arrive all at once. You do not have to sort out the CPS and criminal tracks alone. Call (972) 424-1902 or send your case details through the contact form. The first consultation is free, confidential and carries no obligation to continue.

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