Updated for 2025 Texas Laws and Parental Rights Protections
There have been recent significant changes to Texas CPS laws; changes which protect families from CPS overreach. We have previously written on this topic. This one is our first post, however, considering the new Texas CPS laws (effective Sept. 1, 2025).
When the Texas Department of Family and Protective Services (DFPS), commonly known as Child Protective Services (CPS), removes a child from their home, it is one of the most frightening experiences a family can face. Confusion, panic, and uncertainty often overwhelm parents who wonder why their child was taken — and what they can do to get them back. And, children (depending on their ages and maturities) may not understand what is happening to them. This post explains what happens after removal, what rights you have under new 2025 Texas laws, and what steps you can take immediately to protect your family.
Why CPS May Remove a Child
Under updated Texas law, CPS can only remove a child when there is clear evidence of immediate danger or actual harm, not simply based on suspicion or lifestyle differences. The definition of neglect was strengthened under House Bill 567, ensuring that only acts or omissions causing real harm or clear danger justify removal. CPS cannot take a child solely because of poverty, homeschooling, medical choices, or minor marijuana use by the parent, unless those issues directly endanger the child.
In short, CPS must prove immediate danger or actual harm before they can remove a child.
What Happens After CPS Removes a Child
Once CPS decides to remove a child, the agency must quickly obtain court approval. The Texas Family Code provides thatparents are entitled to a court hearing — called an Adversary Hearing — within 14 days of the removal. At this hearing, the court reviews evidence to decide whether the child needs to remain in CPS custody.
Key 2025 Reforms Protecting Parents
- Repeal of “Family Service Plan” automatic termination rule:
Before 2025, courts could terminate parental rights simply for failure to complete a Family Service Plan. This rule — long criticized as unfair — has been repealed effective September 1, 2025. Courts can no longer terminate solely on those grounds, ensuring parents are not penalized for unclear or unrealistic service plans. - Stricter removal standards:
CPS must now show that keeping a child at home presents a “substantial risk of harm,” not just that risk might exist. In addition, judges must confirm that DFPS has provided reasonable efforts to prevent removal or reunify the family. - Mandatory notice to attorneys:
DFPS must notify a parent’s attorney within 48 hours of any major change, such as placement, psychotropic medication, or case plan updates. - Improved hearing rights and transparency:
Courts now confirm parents were informed of their rights prior to interviews, reinforcing due process and reducing wrongful removals.
What You Should Do Immediately
- Stay calm and document everything. Write down names, dates, and details of every CPS contact.
- Do not sign anything without legal counsel. Many parents unknowingly agree to service plans or admissions that harm their case later.
- Request a copy of the affidavit and court order authorizing the removal. (note, a court order is not required when there are “exigent circumstances” occurring).
- Contact aFamily Law Attorney experienced in CPS investigations immediately. Representation at the 14-day hearing is critical — the outcome often determines whether reunification remains realistic.
- Attend all hearings and comply with lawful orders. Failing to appear can be used against you, even if you are trying to cooperate.
- Request all Service Plan details in writing and clarify any unrealistic terms before signing.
Steps Toward Reunification
Texas’ 2025 reforms place stronger emphasis on family reunification whenever safely possible. Parents who demonstrate compliance, maintain safe housing, and engage constructively with caseworkers often succeed in returning their children home. The court will regularly review progress at status and permanency hearings to track your case. With legal guidance, evidence, and a documented record of compliance, you can actively work to bring your child home more quickly.
Understanding DFPS Reform and the Bigger Picture
After years of criticism, Texas lawmakers implemented broad reforms in 2025 aimed at reducing wrongful removals and improving transparency. Former DFPS investigator Carrie Wilcoxson noted that reforms like Senate Bill 1141 are “giving parents back a voice” — ensuring they know their rights, can record interviews, and demand administrative reviews of agency decisions before those decisions spiral into custody battles or removals; a change advocates say restores basic due process and trust between Texas families and the state.
These measures, along with updated definitions of neglect and better court oversight, are steadily reducing unnecessary removals statewide. According to DFPS updates, child removals have dropped by 48–50 percent since 2021 due to higher evidentiary standards now required before a child can be taken from the home.
Practical Takeaway
If CPS has taken your child, do not face it alone. The law is now on your side more than ever. Texas’ new statutes focus on protecting children without punishing parents, strengthening the presumption that families belong together unless real and immediate danger exists. Acting quickly, consulting an experienced attorney, and understanding these protections are your strongest tools for reclaiming your parental rights.