Accused of a Child Sex Crime in Texas? Know What Happens Next

Parent Accused of Child Abuse in Texas: What Happens

If a parent has been accused of abuse in Texas, the process usually starts with a report, not a criminal charge. A report can open an agency investigation with no arrest at all. This guide explains the common stages in plain words, so you know what to expect. It is written for parents, stepparents, and caregivers, and for relatives reading on someone else’s behalf.

Where you are right now if a parent has been accused of abuse

An accusation is not the same thing as a charge. Learning that a child has made, or has been reported to have made, an accusation against you can be frightening and disruptive. Your reaction is a normal response to a serious situation.

An allegation is a claim that someone did something harmful. A charge is a formal criminal accusation filed by the state. A report can start an investigation before any arrest or criminal case exists. Keeping these three ideas apart helps you think clearly about each step.

This page covers the common stages in general terms. Your situation has its own facts, dates, and people. No lawyer can promise how a case will turn out, but you can learn what each stage involves.

How an abuse report typically moves through the system in Texas

The Department of Family and Protective Services (DFPS) investigates reports of child abuse and neglect through its Child Protective Investigations work. DFPS publishes a DFPS parent’s guide to investigations that explains how investigators are identified and the steps an investigation follows. Parents and people accused of these offenses often have questions about what happens during an investigation.

DFPS may contact the parent, the child, and other people involved. The Children’s Advocacy Centers of Texas educator guide explains how a report is made and responded to. It also describes how DFPS and law enforcement become involved. Investigators may refer a matter to law enforcement when they believe a crime may have occurred.

Whether a person can get in trouble for a false report to CPS is a separate question. Our related article covers it directly.

Why a CPS case and a criminal case can run at the same time

Yes, an agency case and a criminal case can run at the same time. They are separate proceedings with different purposes. The agency case focuses on child safety and family services. A criminal case asks whether a person committed a specific crime defined by statute.

The statutes matter because they describe specific conduct. Under Texas law, indecency with a child involves a child younger than 17 and certain kinds of sexual contact or exposure. Sexual contact is a felony of the second degree. Exposure is a felony of the third degree. The statute also contains an affirmative defense (a defense the accused must establish) with specific conditions.

Aggravated sexual assault under Texas Penal Code § 22.021 is a felony of the first degree. The minimum prison term rises to 25 years in certain situations, such as when the victim is younger than 10.

Each matter has its own process, so keep track of every date and order.

Protecting yourself during interviews and early contact

Before you answer any questions, ask who is investigating, what the allegation is, and whether you are a subject of the investigation. Ask calmly, and write down the answers.

Keep a written record of every contact. Note the name, agency, and date. Write down what was said as soon as you can, while your memory is fresh.

Remember that statements you make to investigators, police, or others can be used in later proceedings. A short answer given in a rush can be repeated later. Our lawyers can advise you on whether and how to take part in an interview.

Do not contact the child or other witnesses about the accusation. Keep posts about the matter off social media and other public sites. Online comments can be seen by investigators and others.

How evidence is reviewed in an abuse accusation case

Defense work usually starts with a review of the evidence and the accuser’s account. Material commonly reviewed includes recorded or forensic interviews, medical or school records, text messages, and timelines.

Professional standards for child forensic interviews call for avoiding repeated questioning and using open-ended questions. The OJJDP publication on child abuse investigations and forensic interviews describes these standards. Whether they were followed is one question a lawyer may review.

A lawyer may also compare the account for consistency, look at when details were first shared, and check the surrounding circumstances. Every case turns on its own facts, and no lawyer can promise how a case will turn out.

Barbieri Law Firm’s lawyers defend people accused of sex crimes and assaultive offenses across Collin County, Dallas-Fort Worth, and Texas.

Talking through your situation with a Texas defense firm

If a report has been made about you, you may be receiving calls and decisions you did not expect. The stage you are in shapes what comes next. Questions are normal at this point.

If a report has been made about you or someone you love, you do not have to face the next step alone. Our team offers a free, confidential initial consultation, with no obligation to continue. Call (972) 424-1902 or send your case details.

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