Parental Notification of Rights in Child Welfare Investigations

The fundamental right to family belongs to both the parent and the child and should be protected through a Miranda-style notification of rights upon initial contact with CPS to reduce the risk of unnecessary trauma.

Key points:

• As set by nearly a century of Supreme Court precedent, the fundamental right to the family belongs to both the parent and the child.
• State child welfare practice often infringes upon this fundamental right by failing to notify families of their due process rights during investigations.
• The child welfare system is intended to be restorative, not punitive, and should set families up for success to prevent devastating consequences such as removal or termination of parental rights.
• Texas should provide a Miranda-style notification of rights upon initial contact with CPS to reduce the risk of unnecessary trauma and act in the best interests of children.