Fighting Child Protective Services (CPS) to get your children back. How to win the first trial.

Has CPS taken your children? Did you get served with papers informing you of an upcoming Adversary Hearing? If you’re preparing to fight Child Protective Services, then you need to know what to expect at an Adversary Hearing.

00:00 – Your Children Have Been Taken
00:23 – Don’t Panic!
00:54 – Understand Your Rights
02:09 – What is the Adversary Hearing?
02:44 – What Happens at the Adversary Hearing?
03:31 – What Risk Does the Court Have to Find?
04:42 – How to Prepare for the Adversary Hearing
05:48 – Conclusion

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ORIGINAL BLOG:

Your Children Have Been Taken
You were visited by a caseworker who declared that your children are no longer safe in your care. She took your children with her, and gave you some papers about a court date.

You don’t want to lose your children forever, and you’re terrified of what is going to happen at this hearing. What do you do?

Don’t Panic!
This may sound like I’m asking you not to breathe, but this is a very important first step. You may not believe me, but panicking and being stressed out will not help your case whatsoever. If it did, I would tell you to panic more just for good measure.

Right now, your children are relying on you to keep a level head because they need you to think clearly now more than ever. The Texas Department of Family Protective Services (DFPS), also known as Child Protective Services (CPS) has the upper-hand, so if you want your children back, you’re going to have to stay calm.

Understand Your Rights
The first thing you need to understand is your right to an attorney. You have the right to represent yourself and you do not have to be represented by an attorney, but I would highly advise against that. In case you didn’t know, you have the right to a Court Appointed Attorney in nearly all CPS cases. If you haven’t read our article on getting an attorney appointed, do that now.

The second thing you need to understand is that you have certain rights when CPS is interrogating you. These include the right to refuse to take a drug test, the right to refuse when the CPS caseworker wants to search your home, and even the right to remain silent. If you haven’t read our article on Fighting CPS Interrogations, do that now.

As a parent, you have a fundamental right, which is protected by the U.S. Constitution, to make decisions concerning the custody, care, and control of your children. Do not be intimidated by CPS and allow them to trample on your rights that they are statutorily prohibited from violating. The law says, “a state agency may not adopt rules or policies or take any other action that violates the fundamental right and duty of a parent to direct the upbringing of the parent’s child.”
—See Limitations on State Agency Action—Tex. Fam. Code § 151.003

What is the Adversary Hearing?
The Adversary Hearing is the first real hearing after your children have been taken into possession by the governmental entity (CPS) and must take place within 14 days of the children being removed from your home.
—See Full Adversary Hearing; Findings of the Court – Tex. Fam. Code § 262.201(a)

Before the Adversary Hearing begins, the Judge is required to inform you of your right to be represented by an attorney, and if you are indigent, your right to have an attorney appointed to represent you. If the Court appoints you an attorney, this hearing can be postponed for up to seven days to allow your newly appointed attorney time to prepare.
—See Full Adversary Hearing; Findings of the Court – Tex. Fam. Code §§ 262.201(a-1)-(a-2)

What Happens at the Adversary Hearing?
Well, I’m going to go ahead and give away the ending of the story first. At the conclusion of the Adversary Hearing, the Judge shall return the children to your home, unless the Judge makes specific findings.
—See Full Adversary Hearing; Findings of the Court – Tex. Fam. Code § 262.201(b)

In the law, the word shall is a very powerful word, which means “must” or “no choice.” Law makers do not use this word lightly, which is important for you to understand because the Judge shall return the children to your home, regardless of his/her personal feelings about you.

Music:
Brooklyn and the Bridge – Nico Staf
Music provided via YouTube Studio Audio Library

June – Bobby Richards
Music provided via YouTube Studio Audio Library

[ElisabethMount]

Love that you've presented this information in such a eloquent and compact way. I wish there were more legal videos like this for other states such as NC.

[johnboy]

I am currently suing CPS in Federal court pro se. It is a lot to do! I couldn't find an attorney willing to represent me up here in VA. I haven't been able to find an attorney that I could talk to just to get some help when I need it while representing myself. As long as I don't screw up and get it dismissed on some technicality or something I have them dead to rights in the wrong. If I can get in front of a jury, I got em. Appreciate all of your videos they have helped tremendously!

[LopezAdrian]

Thank you for these videos they mean alot to us that can't afford a lawyer

[AMR.LVG]

He is a great attorney
He will help you get your kids back

[carrieweaver]

My grandson was removed by cps, texas because he was a breastfed twin and he wasnt gaining weight fast enough for them, He was taken to the hospital where they put a feeding tube in him and the parents were told that if he would take the formula any other way that he wouldnt have to have the feeding tube. He pulled his feeding tube out 4 times at the hospital and sure enough the first night he was home he pulled it out again, so his mom worked and worked with him and figured out how to get him to drink the special formula and he gained 2lbs8.4oz since his release from the hospital, as documented from a Dr. The case worker got mad at my son because he illegally got the medical records without consent and without a court order and he called him out on it and told him he was going to report him and the very next day he returned with the cops to remove the baby just because he pulled his feeding tube out! And they were never given any paper work to even tell them why they were being investigated, These parents have 7 other children that are still in the home including this babies twin brother! And then when they went to the first court hearing they were never even told what the alligations were! Then they had services put in place thru 2ingage and that lady finally sent them the paperwork on the case and everything that this case worker said was a lie! Even tho they have a court appointed attorney the judge was never aloud to hear that everything that was in the case workers papers was a lie! They cant afford to get a private attorney and my son is just about to the point of giving up because he cant even work to support the rest of the kids because of all the demands that 2ingage has placed on them, no boss is going to put up with you taking off of work every other day to go do what they have to do! And the mother is a nervous wreck wondering when they are going to come and take her other kids away beause they are poor and dont have the means to even comply with everything that they have to do! PLEASE HELP!

[GennaJacobs-nd]

MS. G speaks highly of attorney Mathew Harris; I trust her judgment. This woman is all about justice, and her mission is to fight for parents' rights and return kids home to their families. Ms. G. is truly a warrior and kind and full of passion and love.

[jenjen]

How is it that CPS is allowed to take the children in the first place? Who grant them jurisdiction over their children? Could it be that " we are considered as wards of the court"?

[debbieblair]

This is great information for parents. I wish all parents involved with the CPS could see this

[dwsmyyth]

None of this matters because the judges are in the pocket of this agency. His job depends on taking children.

[JoJo-irzf]

It's important to realize that we are mother's and father's with sons and daughters and not parent and children.
Also important to realize that everything these cops agents are doing is under color of law.

[nonyabiz]

When are you gonna do a video on the new Texas laws starting September 1st???

[greggd]

I'm all about limited government. At the same time, I'm not one of those people who would blame CPS for "not doing enough" the minute a kid is harmed or killed. Because many if not most of the same people armchair quartetbacking and talking so tough in the comments.. they'd be the first to place the blame if something bad happens. Where does the balance lie? Not an easy question to answer is it

[karleyalonzo]

I have cps on me now. Sadly I don't have money for an attorney

[amandabarum]

Just got an open case here in Missouri. My daughter is making false allegations on my husband physically abusing her. Which is not true what so ever! She had stated that she cuts on herself which again isn't true. They have taken her to a forensic investagator to check for any past and present injuries. They know that it all came back negative. But still haven't seen or talk to her since April 11th. I also have a son that is still in my home. Why is it ok for them to keep her if she is at risk but my son isn't.?

[leem]

I am past child baring years but have fostered in the past. Adopted two. The question I like to ask is if parents can hire an attorney to be with the child during investigations and questions by CPS? Sounds crazy but the child rights to be raised by his parents who is only being accused of abuse should have protection to be raised by parents. So, there is a person on behalf of the child and making sure child is not pressured to reply to questions in a way that would benefit the department of children and families. It is now contracted out and not ran by the state. Should go back to being paid for and ran by the state in my opinion, and prisons too. N one should profit off these things period. Peace!

[terrywhaley]

I'm told That I can't get a public defender in my case. What now?

[jeremyruff]

Can someone help me with child protective services in Fayette county West Virginia

[sheila]

Dept of Justice Civil Rights Investigations

[beckywitthegoesbeforeme]

They appointed the attorney but they are not speaking up for us

[monigee]

Conclusion that they shall return the child to home.