When does CPS help in cases like missing Everman, Texas, 6-year-old? Here’s what to know

While the search continues for missing Everman 6-year-old Noel Rodriguez-Alvarez, police say that there had been prior Child Protective Services investigations and actions against his mother, Cindy Rodriguez-Singh.

On March 20, an investigation into Noel’s whereabouts started when CPS received an anonymous tip that Noel hadn’t been seen since November 2022.

When does CPS take custody of children in Texas?

Here’s what you should know.

• Texas Child Protective Services, a division of the Texas Department of Family and Protective Services, assesses reports that a child has been or is being abused or neglected, the Texas Family Code Chapter 261 states. After evaluating the severity of the claim, CPS will begin an investigation looking for evidence that backs up the claim. The investigation is completed within 45 days, or up to 90 days if they request an extension.

• In 2021, CPS completed 157,159 investigations of suspected child abuse and neglect. These investigations confirmed the abuse or neglect of 68,517 children in Texas, according to the Texas Department of Family and Protective Services.

• CPS removes a child from their parent’s care during an investigation only if there is no other way to protect the child from harm, according to attorney Heather Frances. CPS does not take children unless there appears to be an imminent danger to the child’s physical health or safety or a court order authorizes them to do so.

Texas CPS can take children either through a court order or emergency removal

Without a court order, CPS can take children through emergency removal if:

• There is a present and immediate threat of physical or sexual abuse.

• Leaving the children in the home is not safe or best for their welfare.

• CPS made reasonable efforts to prevent or eliminate the need for removal.

8 reasons Texas CPS may take a child from a home

If the agency believes a child to be in danger, it can remove them from the unsafe environment. There are eight reasons why CPS may take a child from their home, per North Texas-based attorney Brett Pritchard:

1. Physical violence

2. Sexual abuse

3. Use of illegal drugs

4. Abandonment and neglect, including not providing a child with clothes, food and necessary medical care, locking them in an enclosed space or kicking them out of the house and leaving them unsupervised for a long period.

5. Parental consent

6. Environmental danger, such as firearms left out in the open

7. Inadequate care, such as if the parent has been hospitalized or incarcerated, they’ve been diagnosed with a severe untreated mental illness that makes them dangerous or they have a history of violent behavior.

8. Medical abuse, when a child receives medically unnecessary treatments and procedures at the parent’s request