Disclaimer: Orange Law Firm does not handle cases involving Child Protective Services (CPS). This article is provided for informational purposes only and should not be taken as formal legal advice. Reading this article does not create an attorney-client relationship.
When the Texas Department of Family and Protective Services (DFPS), commonly known as Child Protective Services (CPS), becomes involved in your life, the experience can be overwhelming and stressful. Parents often feel like they’ve lost control over decisions involving their children, and some wonder: Can I sue Child Protective Services in Texas?
The short answer is: yes, but it’s very complicated. CPS is a government agency, and suing a government entity involves strict legal standards, deadlines, and hurdles. Below, we’ll break down what you need to know about holding CPS accountable, your rights as a parent, and when to seek legal help.
What Does CPS Do in Texas?
CPS investigates allegations of child abuse and neglect. They have the authority to:
- Interview children, parents, and witnesses.
- Enter homes to inspect living conditions.
- Remove children from unsafe environments.
- File cases in family court to seek temporary or permanent custody.
While CPS plays an important role in protecting children, the agency sometimes makes mistakes — and those mistakes can devastate families.
When Can You Sue CPS in Texas?
Government agencies like CPS are generally protected by sovereign immunity, which limits when they can be sued. However, there are certain circumstances where lawsuits are possible.
1. Violation of Constitutional Rights
Parents have a fundamental constitutional right to raise their children. If CPS workers act outside the law — for example, removing a child without proper cause, falsifying records, or conducting unlawful searches — they may be held accountable in federal court under 42 U.S.C. § 1983 (civil rights lawsuits).
2. Gross Negligence or Misconduct
If a CPS worker acts with gross negligence or engages in misconduct that harms you or your child, you may be able to bring a lawsuit. Examples include:
- Falsifying evidence.
- Ignoring clear evidence of innocence.
- Failing to follow state procedures for child removal.
3. Personal Injury or Wrongful Death
If a CPS worker’s negligence directly causes injury or death, you may have grounds for a lawsuit under the Texas Tort Claims Act.
When the CPS receives a report of child abuse or neglect, it has a duty to take appropriate action. The CPS also has a duty to protect the children in its custody. Unfortunately, the CPS fails in many ways including, but not limited to:
- Failing to conduct thorough investigations of allegations of child abuse or neglect
- Inadequate staffing, which means investigators and case workers who are overworked
- Unreasonable delays in responding to complaints
- Falsifying records to cover up mistakes and wrongdoing
- Failing to communicate with law enforcement agencies
- Closing abuse cases too quickly
- Investigators failing to follow policy and procedures
- Lack of training and supervision
- Placing children in foster homes with allegations of neglect or abuse
- Failing to listen to children in foster homes who complain of abuse or neglect
The above list is not exhaustive. There are other ways that the agency can fail a child because of negligence, fraud, and intentional torts.
When CPS fails a child, the child can suffer unimaginable physical, cognitive, and emotional damage. If this happens, a parent or legal guardian can sue CPS for breaching their duty of care.
Legal Hurdles to Suing CPS
While suing CPS is possible, it is not easy. Some of the challenges include:
- Sovereign Immunity – Texas law protects state agencies from many lawsuits. Only specific exceptions apply.
- Short Deadlines – Claims against government agencies often require filing notices within six months or less.
- Qualified Immunity – Individual CPS workers may be shielded from liability unless you prove they violated clearly established rights.
- Burden of Proof – You must show strong evidence that CPS acted unlawfully or negligently.
Alternatives to Suing CPS
In many cases, your goal may not be to sue CPS, but to protect your parental rights and reunite with your children. Depending on your situation, your lawyer may recommend:
- Challenging CPS in Family Court – If CPS files a case, you can fight back with evidence, witnesses, and legal arguments.
- Appealing CPS Decisions – You can challenge CPS findings through administrative reviews or appeals.
- Filing Complaints – You can report CPS misconduct to the DFPS Office of Consumer Affairs or the Texas Ombudsman.
Disclaimer: This article is provided for educational purposes only. Orange Law Firm does not represent clients in CPS matters. Nothing in this article constitutes legal advice, nor does it create an attorney-client relationship. If you are facing CPS involvement, you should consult a qualified Texas family law or civil rights attorney for guidance on your specific situation.
