How to get free CPS Lawyer during Child Protective Services Case. What is a CPS Appointed Attorney?

Can you get an appointed attorney in a CPS case? Just like if you were arrested, “You have the right to an attorney. If you cannot afford an attorney, then one will be appointed for you.” You’ve heard that line in movies when someone gets arrested, but many parents don’t know that they are entitled to an appointed CPS attorney if they are indigent.

Chapters:
00:00 – Intro
00:27 – When Should I Request an Attorney?
01:24 – What Does “Indigent” Mean?
01:49 – How to Prove You’re Indigent
03:08 – New Law Effective September 1st, 2021
03:58 – Court Appointed Attorneys Aren’t That Good Though, Right?
04:58 – What Can a Court Appointed Lawyer Do For Me?
05:56 – More Help for Your Case

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Mandatory Appointment of Attorney
Everyone who’s seen someone arrested on a cop show has heard the line, “you have the right to an attorney, if you cannot afford an attorney, one will be appointed for you.”

Did you know that the same is true in CPS cases? If Child Protective Services is seeking conservatorship or termination of parental rights, indigent parents must be appointed attorneys, if they want one, thanks to a new Texas law beginning September 1, 2013.

When Should I Request an Attorney?
If you have been contacted by Child Protective Services, then you should have already contacted an attorney. Remember when we talked about Fighting CPS Interrogations?

Unfortunately, you do not have a right to a Court Appointed Attorney until CPS begins legal proceedings. You’ll probably find out about these proceedings when a Deputy or Process Server shows up at your door and hands you legal documents; aka, when you’ve been “served.”

DO NOT WAIT UNTIL YOUR COURT DATE! You need to act immediately in order to get an attorney before your first court date since that is likely one of the most important. However, if you appear at the Adversary Hearing, immediately inform the Court you are indigent, prove your indigence, and the Court will appoint an attorney and may delay the hearing for up to seven days to allow your attorney to prepare your defense.
—See Tex. Fam. Code 262.201 & S.B. 1759

What Does “Indigent” Mean?
In laymen’s terms, being indigent means that a person can’t afford to hire an attorney, and the Court requires more than just saying that you’d rather spend your money on other things.

Legally speaking, the test for indigence is when the evidence shows that you would be unable to pay costs if you really wanted to and made a good-faith effort to do so. You have the burden of proving that you would be unable to pay and that you made a good-faith effort to do so.
—See Griffin Indus. v. Thirteenth Ct. of App., 934 S.W.2d 349, 351 (Tex. 1996)

How to Prove You’re Indigent
You need to prepare an Affidavit of Indigence for the Court. Most Courts have their own Application that merely requires that you fill in the blanks. This application will ask about your monthly income, your monthly expenses, the amount in your bank accounts, and about assets you own. If you are on government assistance, this may be used to show that you are indigent.
—See Tex. Fam. Code § 107.013(d)

If you have assets that can be sold, money in the bank, or if your income exceeds your expenses, then the Court is likely to find that you can afford to hire an attorney on your own.

You must show that you’ve made a reasonable attempt to get a loan or borrow the funds to hire an attorney. Be prepared to name the banks, friends, or family members that you have asked and how much that you are able to borrow (if any).

Also, you must show that you’ve made a reasonable attempt to hire an attorney on your own. Some attorneys will accept payment plans, or you may qualify at your local Legal Aid. Be prepared to list the attorneys that you spoke to, their phone numbers, and the reason you couldn’t hire them (e.g., wanted $3,000 retainer, wouldn’t agree to payment plan, etc.)

New Law Effective September 1, 2021
Previously, parents were only entitled to an Attorney if Child Protective Services was attempting to terminate the parental rights or seeking to take conservatorship of the child.

You see, the U.S. Supreme Court has upheld that parents have a Constitutional Right to raise their children and when the Government (CPS) tries to interfere with that right, citizens have certain protections.

H.B. 567 altered many sections of the Family Code pertaining to CPS cases, and requires appointment of an attorney for the parent even when the Government (CPS) is requesting the parent to participate in services.

Basically, if Child Protective Services is attempting to require you or your child to...

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