A Texas lawmaker has filed a bill requiring caseworkers to notify parents of their rights at the beginning of an abuse or neglect investigation. Most reports of child abuse or neglect turn out to be unfounded.
Heart Galleries — portraits of adoptable children — on display at the Child Protective Services office at the Texas Department of Family and Protective Services in Austin on Nov. 14, 2019., The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.
In about 80% of investigations, the abuse or neglect allegations were unfounded. Parents involved in Child Protective Services cases are supposed to be appointed attorneys if they can’t afford one — and many of them can’t — but that only happens if the agency actually goes to court seeking to remove a child from their home.
Each investigation entails, at the very least, interviewing the child or children in the home and their parents or caregivers. Many also include searches of the home, including medicine cabinets and refrigerators; interviews with neighbors and frequent visitors; and criminal background checks for every person over the age of 14 living there. A caseworker can ask a judge for a court order requiring a parent to submit to a psychological evaluation or even to access a parent’s medical records.
If the bill passes, caseworkers would need to notify parents of their rights, including that they can decline to share medical records or submit to drug tests, and that they have the right to confer with an attorney. If parents refuse to be interviewed or let caseworkers in their homes, the bill would also require DFPS to show probable cause, a step up from the current standard of “good cause,” to get a court order.
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