Child Protective Services Cases

The El Paso County Public Defender is appointed by the Court to represent parents whose whereabouts are unknown and whose children have been removed by the Texas Department of Family and Protective Services (“CPS”) based on abuse and/or neglect allegations.

Once appointed the Public Defender’s investigators search databases for our client’s location. When the client is located, we will send correspondence or call the client, and the office presents a report to the Court. At this point we are discharged and, the Court will consider appointing an attorney to represent the parent for the rest of the case.

These cases move very quickly and contact with our clients is vital to assisting them in their representation. A typical CPS court case timeline:

Day 1: Removal and Emergency Hearing: CPS files the lawsuit with an affidavit listing the legal reasons why the child(ren) were taken from their parent or guardian. The court signs an emergency order for the protection of the child and appoints an attorney ad litem.
Day 14: Show Cause Hearing: The Court has a hearing with the parent(s) and guardian(s). If the Court thinks the case should keep going, the Judge enters temporary orders.
Day 60: Status Hearing: The court reviews the case to see if the parent(s) has been served and that CPS has developed a service plan.
Day 180: Initial Permanency Hearing. The Court will checks if the parties are following the temporary order and service plan.
Day 270: Permanency Hearing. The court reviews the status of the parent’s progress and the CPS’s permanency goals.
Day 360: Trial/Dismissal/Extension. The court must make a final decision on the case within 12 months and either 1) return the child to the parent(s); 2) place the child with a relative; or 3) terminate parental rights. The court can extend the case by 180 days