The new CPS laws in Texas, passed by the 88th Legislature in 2023 and the 89th Legislature in 2025, have ended anonymous reporting to DFPS, required investigators to read parents their rights at first contact, raised the standard a judge must apply before removing a child, and forced the agency to document what it tried before separating a family. If you are dealing with a CPS investigation right now, those four shifts are the ones that change what you can do and what the agency must prove.
Anonymous Reports to DFPS Are No Longer Accepted
Since September 1, 2023, the Department of Family and Protective Services will not take an anonymous report. Anyone calling the DFPS hotline or filing online has to give a first and last name and a home or business phone number. A business or agency name by itself does not count.1Texas Department of Family and Protective Services. Report Abuse or Neglect – DFPS
The reporter’s identity stays confidential and is not disclosed to the family being investigated. One caveat: anonymous tips can still go to local or state law enforcement, who may then refer the matter to DFPS.2Texas Department of Family and Protective Services. Welcome to the Texas Abuse Hotline Website The anonymous route into the system hasn’t been closed entirely; it just no longer runs straight through DFPS intake.
What CPS Must Tell You at First Contact
When a CPS investigator first reaches a family, the investigator has to give a verbal notification of parental rights. The notification must cover the right to speak with an attorney before answering questions, the right to appointed counsel if you cannot afford one, the right to record interviews with CPS personnel, and the right to refuse entry into your home or an interview with your child absent a court order.3Department of Family and Protective Services. CPS Handbook – Notifications and Rights
Investigators are required to document that they gave the notice. If the notification was skipped, statements a parent made can face admissibility challenges later in court. That documentation requirement is the accountability piece: the notice is a procedural step the agency has to prove it completed.
Additional restrictions apply when the investigation started with an anonymous tip referred by law enforcement or 911. During that kind of preliminary investigation, the CPS worker cannot enter the home without the homeowner’s consent, cannot interview or examine the child without written parental consent, and cannot separate the child from the parents during any interview. The investigator is also prohibited from pressuring cooperation by threatening to call law enforcement if you refuse.
A Higher Bar Before a Child Can Be Removed
Two changes have raised what CPS must show before a judge signs an emergency removal order: a sharper danger standard, and a hard requirement that the agency try less drastic options first.
The Immediate Danger Standard
For an emergency removal without prior notice and a hearing, the judge must find that the child faces immediate danger to physical health or safety, or that the child has already been a victim of neglect or sexual abuse.4State of Texas. Texas Family Code 262.102 – Emergency Order Authorizing Possession of Child That finding cannot rest solely on the opinion of a medical professional who is under contract with DFPS and never physically examined the child. The court may also weigh whether the household includes someone who has seriously injured or killed another child, or sexually abused another child.
The statutory definition of neglect reinforces the standard. Under Texas Family Code Section 261.001, neglect requires an act or failure to act by a person responsible for the child that shows blatant disregard for the consequences, and either causes harm or creates immediate danger to the child’s physical health or safety.5State of Texas. Texas Family Code 261.001 – Definitions The word “blatant” does real work. A parent struggling financially who cannot afford enough food is not neglectful under this definition unless relief services were offered and refused. Poverty alone is not neglect.
Reasonable Efforts Must Be Documented
Before a judge signs an emergency removal order, CPS now has to describe with specificity the reasonable efforts it made to prevent the removal. HB 968 and HB 1087 from the 88th Legislature strengthened this requirement, and the removal affidavit must include a separate section spelling out what the agency did to keep the family together first.6Supreme Court of Texas Children’s Commission. Reevaluating Reasonable Efforts Findings
Reasonable efforts can include connecting the family with a food bank, offering in-home parenting support, arranging substance abuse treatment, or providing mental health counseling. The caseworker must also consider offering a family team meeting before pursuing removal.7Department of Family and Protective Services. CPS Handbook – From Removal to the Adversary Hearing The court has to find those efforts were made and were insufficient before removal can stand. If the concern is inadequate housing or food, CPS cannot jump straight to removal without first trying to address the underlying problem.
The Adversary Hearing Within 14 Days
Once CPS takes emergency possession of a child, the case moves quickly to a full adversary hearing. It typically has to occur within 14 days of the child being taken into custody, and it is the first real opportunity to contest the agency’s actions in court.
Under Section 262.201 of the Texas Family Code, the judge evaluates whether returning the child would pose an ongoing danger, and must separately make a finding about whether CPS made reasonable efforts to prevent the removal. If those efforts were lacking, the removal may not stand regardless of other circumstances. Parents have the right to be present, to be represented by an attorney, and to present evidence and cross-examine witnesses. This is where removal orders get challenged, and sometimes reversed.
Where the Child Goes If Removal Happens
When removal cannot be avoided, Section 262.114 of the Family Code sets a strict priority order for placement:
- A person related to the child by blood, marriage, or adoption comes first.
- A close family friend with a long-standing and significant relationship with the child, sometimes called fictive kin, is second.
- A licensed foster home is third.
- A general residential operation is the last resort.
This hierarchy is not a suggestion. CPS must use due diligence to identify and locate potential relative caregivers within 30 days of filing the suit affecting the parent-child relationship. The agency has to seek information from each parent, each alleged father, existing relatives, and the child in an age-appropriate way. Before the adversary hearing, DFPS is required to run background and criminal history checks on identified relatives and complete a home study of the most appropriate substitute caregiver.8State of Texas. Texas Family Code Chapter 262 – Procedures in Suit by Governmental Entity to Protect Health and Safety of Child
The search for a qualified relative or close family friend does not end when the first placement is made. If a grandmother surfaces two months in and her home checks out, the child should be moved to her care.
Relatives who take in a child through the foster system can receive the same foster care maintenance payments as non-relative foster parents if they become licensed or approved. A 2023 federal rule lets states set separate, more flexible licensing standards for relative and kinship foster homes, including relaxing rules on bedroom sharing, income thresholds, and caregiver age, while still meeting federal safety and background check requirements.9Federal Register. Separate Licensing or Approval Standards for Relative or Kinship Foster Family Homes If you are a relative who has taken a child in through CPS, ask the caseworker directly about kinship navigator services and foster care licensing. Eligible caregivers often leave real financial support on the table because nobody mentioned it.
Choosing Your Own Service Provider
Legislation from the 89th Legislature, effective September 1, 2025, strengthens a parent’s right to choose their own qualified service provider instead of being limited to providers under contract with DFPS. Under amended Sections 262.411 and 264.2031 of the Family Code, DFPS must reimburse a parent-selected provider who is not under contract at a rate equal to the average cost of that service from DFPS contractors in the same region. Virtual services are included.10Texas Legislature Online. Bill Analysis – SB 1398, 89th Legislature If you already have a therapist, counselor, or parenting program you trust, this change lets you use them.
Getting a Court-Appointed Attorney
Parents who are indigent have a right to a court-appointed attorney in CPS cases. Under Texas Family Code Section 107.013, a parent claiming indigence files an affidavit, and the court holds a hearing to look at income, assets, expenses, dependents, and any public assistance benefits. If the court finds you indigent, it must appoint an attorney ad litem to represent you for the duration of the case and any appeal.11State of Texas. Texas Family Code FAM 107.013
Once indigence is established, you are presumed to remain indigent for the whole case unless the court reconsiders on motion. CPS cases can run for months or years, and you should not have to re-prove poverty at every hearing. If CPS contacts you and you cannot afford a lawyer, raise appointed counsel at the earliest opportunity. Having representation before the adversary hearing makes a real difference.
Challenging a CPS Finding
If CPS concludes there is “reason to believe” you abused or neglected a child, that finding goes on your record with DFPS. You can challenge it through an Administrative Review of Investigation Findings, or ARIF. This is an informal review, not a trial, and it does not involve formal witness testimony.
The deadlines are tight. You must request the ARIF in writing within 45 days of receiving the Notice of Findings letter. Missing that deadline generally waives the right to a review, though exceptions exist if you never received notice or have other good cause.12Texas Department of Family and Protective Services. Administrative Review of Investigation Findings (ARIF)
A DFPS resolution specialist conducts the review under a preponderance-of-the-evidence standard, meaning whether the evidence more likely than not supports the original finding. The specialist must conduct the review within 45 days of receiving the request and issue a written decision within 15 days of the ARIF meeting. The decision can uphold, overturn, or alter the finding. If it is upheld, you can appeal further to the DFPS Office of Consumer Affairs.12Texas Department of Family and Protective Services. Administrative Review of Investigation Findings (ARIF)
Filing an ARIF does not pause other actions. DFPS can still petition to remove a child or restrict your access while the review is pending.
Why the Finding Matters After the Case Closes
A sustained finding of abuse or neglect places your name on the Texas DFPS Central Registry, which surfaces during background checks for anyone seeking work in childcare, education, healthcare, or other fields involving vulnerable populations. The consequences vary by finding type:
- Sexual abuse, labor trafficking, or sex trafficking findings permanently bar the person from being present at any childcare operation, with no eligibility for a risk evaluation.
- Physical abuse findings permanently bar the person unless they meet specific criteria for a risk evaluation.
- Emotional abuse or neglect findings make the person eligible for a risk evaluation, which may allow continued work in childcare settings depending on the circumstances.
Anyone with a registry finding that would bar them from being present at a childcare operation also cannot receive or maintain an administrator’s license for a child care facility.13HHS Child Care Regulation. Background Check Rules A neglect finding from a situation that seemed minor at the time can affect career options for years in any field that runs a registry check. That is why the ARIF window deserves serious attention, and why having a lawyer during the investigation can matter as much as having one in court.
The Federal Clock in the Background
A federal timeline runs alongside every Texas CPS case. Under the Adoption and Safe Families Act, a permanency hearing must occur no later than 12 months from the date a child enters foster care, and every 12 months after that. Periodic case reviews must happen at least every six months, through either a court hearing or an administrative review.14Administration for Children and Families. CFSR Quick Reference Items List
The deadline that matters most is the 15-of-22-months rule. Once a child has been in foster care for 15 of the most recent 22 months, the state is generally required to file a petition to terminate parental rights. Three exceptions exist: the child is placed with a relative, the state documents a compelling reason not to file, or the state did not provide services identified in the case plan that were necessary to make the home safe.15Administration for Children and Families. Transition Rules for Implementing the Title IV-E Termination of Parental Rights Provision
If your child enters foster care, the window to complete your service plan is not unlimited. Fifteen months passes faster than most parents expect, especially when waitlists for court-ordered services eat into the timeline. Engage with services immediately, keep proof of your compliance, and make sure your attorney is tracking the federal clock alongside the state case deadlines.