Texas CPS Lawyers
Allegations of child abuse are among the most serious issues a parent or caregiver can face. In Texas, child neglect is considered a form of child abuse, and the consequences of such accusations can be life-altering. Eric M. Willie, an experienced family law and divorce attorney in Austin, Texas, provides legal support to individuals and families who are going through these complex and emotionally charged situations.
Neglect cases often arise in custody disputes, CPS investigations, or reports made by neighbors, teachers, medical professionals, or other mandated reporters. Whether the allegations are rooted in a misunderstanding or reflect a more serious concern, having experienced legal representation is essential. Eric M. Willie helps parents protect their rights and ensure that the best interests of their children remain a priority.
Understanding Child Neglect as a Form of Child Abuse
Neglect is a legally recognized form of child abuse in the state of Texas. It involves failing to provide a child with necessary care, supervision, and resources deemed essential for health, safety, and mental and physical development. Unlike physical abuse, neglect often occurs through inaction rather than inflicting deliberate harm. However, the consequences for both the child and the accused can be just as severe.
Texas law defines neglect to include any action, or inaction, that puts a child at risk of serious physical or emotional harm. Neglect may be short-term and situational, or it may become chronic and ongoing. Even one incident can lead to a CPS investigation, criminal charges, or changes in custody arrangements. For those facing accusations, working with a qualified child abuse defense attorney is critical from the outset.
What Constitutes Child Neglect in Texas?
Under the Texas Family Code, child neglect includes a wide range of behaviors or omissions. Examples include:
- Physical Neglect – Failing to provide adequate food, clothing, shelter, or hygiene.
- Medical Neglect – Not seeking timely or necessary medical or mental health care for a child’s known health condition.
- Educational Neglect – Failing to enroll a child in school or ignoring chronic truancy.
- Supervisory Neglect – Leaving a young child unsupervised or with someone incapable of providing proper care.
- Emotional Neglect – Withholding affection, exposing a child to constant conflict, or failing to support the child’s emotional well-being.
Each of these forms of neglect can serve as grounds for state intervention or a criminal investigation. Even parents who believe they are doing their best can find themselves the subject of scrutiny. In these cases, it’s important to work with a knowledgeable advocate who understands the intricacies of Texas family law and CPS procedures.
CPS Investigations and Your Rights
Child Protective Services (CPS) operates under the Texas Department of Family and Protective Services and has broad authority to investigate reports of neglect. A CPS case usually begins with a report from a third party, such as a school official, medical provider, or concerned neighbor. Once a report is filed, CPS will evaluate whether the child is in immediate danger and may conduct interviews, visit the home, and speak with other individuals involved in the child’s life to determine if neglect has occurred.
If CPS finds evidence suggesting neglect, they may:
- Open a formal case file
- Recommend parenting classes or counseling
- Remove the child from the home, temporarily or permanently
- Initiate court proceedings that can impact custody or parental rights
These actions can have significant emotional and legal consequences for the parents. Families should not manage these investigations alone. Eric M. Willie offers guidance as one of Austin’s top CPS lawyers, as he relentlessly advocates for parents during every phase of the CPS investigation and ensures their legal rights are upheld at all times.
Criminal Charges for Neglect and Injury to a Child
In certain circumstances, child abuse and neglect allegations and subsequent investigations can escalate into criminal charges. Texas Penal Code Section 22.04 outlines the offense of injury to a child, which may apply if any type of neglect has resulted in:
- Bodily injury
- Serious mental impairment
- Risk of harm
Child abuse involving neglect convictions can range in severity from state jail felonies to first-degree felonies. The sentence chosen by the judge depends on several factors, including the severity of the alleged harm and whether the neglect was deemed reckless or intentional.
Convictions of child abuse involving neglect can carry penalties such as:
- Prison time
- Loss of custody or visitation rights
- A permanent criminal record
- Termination of parental rights
- Collateral social consequences
Given the seriousness of these consequences, anyone accused of child neglect should seek the immediate assistance of a child abuse defense attorney in Austin, such as Eric M. Willie, who can evaluate the evidence, challenge false or misleading claims, and build a strong legal defense on your behalf.
Representation in Family Court and CPS Proceedings
Child neglect cases are emotionally complex, legally challenging, and often occur in situations such as divorce, custody disputes, or independent CPS investigations. The Texas legal system’s response to child neglect allegations is often quick, as it keeps the child’s best interest at the forefront of every case. Early decisions in the process can have lasting consequences for family relationships and parental rights, even if no harm is ultimately found. That’s why seeking guidance and support from a dedicated child abuse defense attorney is imperative from the start.
Eric M. Willie is one of the top CPS lawyers in Austin, Texas, and provides strategic and compassionate representation in both family court and CPS proceedings. Whether clients are responding to a CPS visit or facing custody challenges due to alleged neglect, he ensures their rights are protected and their voice is heard throughout the entire process.
His legal services include:
- Preparing clients for CPS interviews and home evaluations
- Responding to CPS findings and service plans
- Defending against motions to modify custody or terminate parental rights
- Representing parents in hearings involving supervised visitation or reunification plans
- Negotiating alternatives to removal or placement
With many years of experience, Eric M. Willie understands that every family dynamic is unique and that false or exaggerated claims of child abuse involving neglect can threaten a parent’s relationship with their child. As one of Austin’s trusted CPS lawyers, he works diligently to preserve family bonds, clarify misunderstandings, and pursue resolutions that prioritize both the child’s safety and his client’s parental rights.
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Reviews of Our Top-Rated Austin, Texas Child Abuse Neglect Attorneys
“This firm represented me in my divorce for almost a year and we won all of our hearings. Mr. Willie is an outstanding attorney who know the ins and outs of both family law and the court system. You couldn’t ask for a better lawyer. Highly recommend.” – Valorie Bravo
“I met with Eric and the hospitality was great. He broke everything down to me perfectly and I greatly appreciated it. He is willing to fight for everything you want to accomplish during your tough times. I would definitely recommend him to anyone needing a Family Attorney!” – Christopher Colter
“I found Mr. Willie both competent and professional. His strategy to address a modification petition was sound and successful. What impressed me most was his matter of fact way of analyzing the issues. He was candid and kept things simple as well as understandable. No confusing legal talk, just a clear, direct and sensible manner of approaching the conflict. Further, if you’re looking for a lawyer that will go the extra mile, Eric Willie is your man. We encountered a filing issue due to the COVID shutdown and he stayed with it until completion, proving himself a loyal and devoted attorney. I remain grateful for Mr. Willie’s services and would recommend him for any family law proceedings.” – Freddy Erdman
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