I was pulled over for a DUI with my children in my car. They are in Child Protective Services now. What can I do?

The Texas Department of Family and Protective Services investigates any reports of abuse and/or neglect of children. State laws requires anyone who suspects that a child has been abused or neglected to make a report to Child Protective Services (CPS) or to a law enforcement agency.

The Texas Family Code defines "abuse" as any mental or emotional injury to a child that results in impairment to the child's growth, development, or psychological functioning (or causing or permitting the child to be in a situation where the child sustains mental or emotional injury). "Neglect" includes leaving a child in a situation where the child is exposed to a substantial risk of physical or mental harm.

Usually CPS doesn't immediately remove children from their family unless there is an immediate threat of harm to the children, such as when the parent is under a controlled substance. In your case, the police considered your children at immediate risk for physical harm since you were intoxicated and could have been in a car accident.

CPS will now conduct an investigation to determine if there is a danger of abuse and /or neglect to your children in the foreseeable future. The investigation includes a caseworker talking to and examining your children, visiting your home, and receiving health records of your children and yourself.

You should seek the representation of an attorney since the CPS has taken the extreme step of taking your children away from you. You will need to defend yourself from allegations that you are a danger to your children. You will also need to show that you will not in the future expose your children to danger and that you will remain sober and not abuse alcohol.