What CPS Can and Cannot Do in Texas

Last reviewed: October 5, 2026. This article is general information, not legal advice. Texas statutes and DFPS policies change, so check the current Family Code or speak to a Texas family lawyer about your situation.

A knock on the door from Child Protective Services can be frightening, whether or not you know what the report is about. Knowing what CPS can and cannot do in Texas helps you stay calm, protect your family and make good decisions in the first few days.

Short answer: Texas CPS (part of the Department of Family and Protective Services, DFPS) must investigate reports of abuse or neglect by a person responsible for a child's care. It can visit your home, interview and examine your child (including at school), and remove a child in an emergency. It cannot enter your home or interview your child over your objection without a court order, except in an emergency, and it must tell you about your rights, including your right to a lawyer and to record interviews. Any removal must quickly go before a judge.

What CPS can do during an investigation

Chapter 261 of the Texas Family Code governs investigations. In summary:

Investigate promptly. Section 261.301 requires a "prompt and thorough investigation" of reports involving a person responsible for a child's care. Agency rules must set priorities, with responses within 24 hours for the highest-priority reports and within 72 hours for the second-highest. Reports involving someone else (for example, a stranger) generally go to law enforcement instead.
Visit the home. Under § 261.302, the investigation may include a home visit, unless the allegations can be confirmed or clearly ruled out without one.
Interview and examine the child. The interview may happen "at any reasonable time and place, including the child's home or the child's school," and may include a medical, psychological or psychiatric examination.
Interview parents and other children in the home.
Ask a court for access. If CPS can't get into the home, school or other place, § 261.303 lets a family court order entry if it has good cause to believe the child faces imminent danger of aggravated circumstances, or probable cause to believe entry is needed to protect the child. A court can also order release of records or an examination if a parent refuses.
Refer the case to law enforcement. CPS must tell you that the law requires all reports to be referred to law enforcement for a separate decision about whether a crime occurred.

What CPS cannot do (and what it must do)

It can't force entry or an interview without a court order, outside an emergency. You may refuse, and you may have a lawyer present first (§ 261.307).
It can't make you talk. You have the right not to speak with CPS without a lawyer present.
It can't require consent to records, exams or drug tests without a court order. Section 261.307 says you must be told of your right to withhold consent to the release of medical or mental health records, to withhold consent to a medical or psychological exam of the child, and to refuse a drug test. A court can still order some of these under § 261.303.
It must give you written information at first contact: a plain-language summary of the investigation process, the known allegations, your right to request a review of findings, your right to review records (with limits), and your right to seek legal counsel.
It must tell you that you may record interviews. Under § 261.3027, before interviewing an alleged perpetrator CPS must say, orally and in writing, that you may make an audio or video recording of the interview, and that the recording may be subject to a court subpoena.
It must record its interviews with the child about the allegations, with narrow exceptions such as equipment failure (§ 261.302(e)).

Be careful with one point: refusing is your right, but it doesn't make the case go away. If CPS believes a child is in danger, it can go to court. Talking to a lawyer early helps you decide what to agree to.

When CPS can remove a child

Chapter 262 covers removals. Section 261.302(d) says that if the investigating agency believes immediate removal is needed to protect the child, it must file a petition or take other action under chapter 262.

Removal with a court order

Usually, the agency asks a court first. A petition asking to take a child without prior notice and a hearing must be backed by a sworn affidavit (§ 262.101) showing, among other things, an immediate danger to the child's physical health or safety (or that the child has been a victim of neglect or sexual abuse), that there is no time for a full hearing, that removing the alleged abuser or a protective order would not be enough, and that reasonable efforts were made to avoid removal. The affidavit must also address whether placement with a relative or designated caregiver was offered.

Emergency removal without a court order

Under § 262.104, a DFPS representative, a police officer or a juvenile probation officer may take possession of a child without a court order only when there is no time to get one and the listed conditions are met. In summary, these include personal knowledge (or corroborated information) that would lead a reasonable person to believe there is an immediate danger to the child's physical health or safety, that the child has been a victim of sexual abuse or trafficking, or that a caregiver's current drug use is an immediate danger to the child.

The hearings that follow

Initial hearing. After an emergency removal, the agency must file a suit and the court must hold an initial hearing on or before the first business day after removal (§§ 262.105 and 262.106), with a narrow extension if the court is unavailable, but no later than the third business day. If the hearing isn't held in time, the child must be returned.
Return unless the court is satisfied. At that hearing, the court must order the child's return unless it finds, among other things, a continuing danger and that reasonable efforts were made (§ 262.107).
Full adversary hearing within 14 days of removal (§ 262.201), where the parents can present evidence. Before it starts, the court must tell any unrepresented parent about the right to a lawyer, and the right to a court-appointed lawyer if indigent and opposing the suit.

Practical steps if CPS contacts you

Stay calm and polite. Ask for the caseworker's name, the allegations and the written information Texas law requires.
Ask to see a court order if the caseworker wants to enter your home or interview your child and you are unsure.
Talk to a lawyer before signing a safety plan or agreeing to services. See how much a CPS lawyer costs and when you can get one appointed.
Record interviews if you wish, within the rules in § 261.3027.
Keep notes of every contact, date and name.
Request a review of findings if you disagree. Under § 261.309, an administrative review is done by an employee who wasn't involved in the investigation, generally within 45 days of your request.

For what comes next, see how to get a CPS case dismissed and what happens when a CPS case is closed.

Can Texas CPS come into my home without a warrant?

Not without your consent or a court order, except in an emergency. Under Texas Family Code § 261.307, CPS must tell you that you can refuse to let the investigator enter the home or interview the child without a court order. If entry is refused, a court can order it under § 261.303 if it finds good cause or probable cause as the statute requires.

Can CPS interview my child at school without telling me?

Yes. Texas Family Code § 261.302 allows the interview to be conducted at any reasonable time and place, including the child's school. Department interviews about the allegations generally must be audio- or video-recorded.

Can CPS take my child without a court order in Texas?

Only in an emergency, under the conditions listed in Texas Family Code § 262.104, such as facts that would lead a reasonable person to believe there is an immediate danger to the child's physical health or safety. The agency must then file a suit and the court must hold an initial hearing by the first business day after removal.

Do I have to talk to CPS?

No. Texas law requires CPS to tell you, at first contact, that you have the right not to speak with any agent of the department without legal counsel present. Choosing not to talk doesn't end the investigation, so it's wise to get legal advice quickly.

What if I disagree with CPS's findings?

You can request an administrative review of the findings under Texas Family Code § 261.309. It is conducted by a department employee who wasn't involved in the investigation, generally within 45 days of the request.

Sources

Texas Family Code chapter 261 (§§ 261.301, 261.302, 261.3027, 261.303, 261.307, 261.309): statutes.capitol.texas.gov
Texas Family Code chapter 262 (§§ 262.101, 262.104, 262.105, 262.106, 262.107, 262.201): statutes.capitol.texas.gov

What CPS Can and Cannot Do in Texas: Investigations, Removals and Your Rights