“Reasonable Efforts” in Texas CPS Cases: What Judges Look For and How It Affects Your Family

When CPS gets involved, families are often told that the court must consider whether the Department made “reasonable efforts.” That phrase carries a lot of weight. It affects whether a child is removed, how quickly a family can reunify, and what the long-term plan will be if reunification isn’t safe.

This article explains what “reasonable efforts” means in plain English, how judges use it at every stage of a case, and what you and your attorney can do to make sure the court hears the whole story.

This blog is for general information only and isn’t legal advice.

What do “reasonable efforts” really mean?

In Texas, CPS (DFPS) has duties it must try to meet: keeping a child safe, avoiding removal when it can be done safely, helping parents fix the conditions that brought CPS to the home, and moving the case toward a stable permanent plan. “Reasonable” means efforts that are timely, meaningful, and tailored to your family—not a one-size-fits-all packet or a referral that goes nowhere.

Courts judge reasonableness based on the facts of your child, your home, and what was actually done. That record is built through testimony and documents at each hearing.

How judges apply “reasonable efforts” over the life of a CPS case

Emergency removal: Day one decisions

At the ex parte stage, the question is simple and urgent: Did CPS try to avoid removal, and if not, why not? Judges look at what steps were taken to manage safety right away—things like a safety plan, help from sober or protective adults in the home, or immediate services that could have made removal unnecessary under the circumstances. They also expect CPS to work quickly to identify and notify both parents.

The 14-day adversary hearing: Can the child go home or to the other parent?

Two weeks after removal, the court looks for proof that CPS explored safe alternatives. Did the Department help the non-removing parent step in? What concrete steps are being taken now to return the child safely? If return isn’t yet safe, judges want to see real work toward placement with appropriate relatives or close family friends and a plan that fits the family’s actual needs.

Status hearing: Is the service plan actually helping this family?

The service plan is not just a to-do list. It should target the specific reasons CPS got involved and remove barriers that keep a parent from succeeding. Courts expect services that make sense for the child and each parent—appropriate counseling, substance use support, domestic-violence-informed services, transportation help when necessary, and consistent visitation that supports reunification.

Permanency before final order: Are we moving toward a safe, stable outcome?

As the case progresses, judges look for progress toward the primary goal (usually reunification) and the concurrent backup plan if reunification isn’t possible. “Reasonable efforts” here include addressing the original safety issues, supporting meaningful parent-child contact, and—if reunification stalls—actively pursuing a safe permanent plan, whether that is placement with relatives/kin or another legally secure option.

Final hearing and termination trials: What was done to return the child home?

At trial, the court asks whether CPS truly tried to return the child safely before asking for termination or other final relief. The focus is on what was offered, what was completed, what remained unsafe, and why. Judges are looking for more than paper referrals; they expect persistent, documented efforts and a clear explanation of ongoing danger if the Department seeks to limit or terminate parental rights.

After a final order: Finishing permanency

Even after a final order, the court can review whether CPS continued working to finalize a permanent plan. That includes continued searches for safe relatives, checking whether a parent’s situation has materially improved, and removing barriers that delay permanency for the child.

What counts as a “reasonable” effort?

Courts look for action that matches the problem. A few examples:

• Safety first: creative supervision plans, protective caregivers in the home, and rapid access to services that directly address the danger.

• Access matters: help scheduling evaluations, transportation support when needed, and timely visitation that keeps healthy bonds intact.

• Tailored services: the right kind of counseling or treatment, not just any program with a long waiting list.

• Family network: real attempts to identify, vet, and involve safe relatives or close family friends early and often.

What usually doesn’t qualify is delay, generic referrals without follow-through, or obstacles that make success unrealistic—like requiring weekday appointments across town with no transportation option while limiting work flexibility.

How your attorney uses “reasonable efforts” to protect your record

A strong CPS defense is not just about finishing services; it’s about documenting what CPS did and what you did. Your attorney should:

• Press for clear testimony about what was tried, when it was offered, and how it addressed the risk.

• Ask the court for specific findings so the record reflects progress and barriers outside your control.

• Highlight your completed tasks, stable supports, and safe relatives who can help right now.

• Challenge plans that are too broad or not connected to the actual safety concerns.

That record is often the difference between a slow, frustrating case and a focused plan that moves your family forward.

Common questions we hear

Can CPS remove a child without offering services? 

In emergencies, yes, but the Department still must show why less-intrusive options weren’t safe and how it will support reunification quickly if the child cannot return immediately.

Do both parents matter if only one was involved in the incident? 

Yes. Courts expect meaningful efforts to locate and involve the other parent and to consider that parent for placement if safe.

What if I’m completing services but visits are inconsistent? 

Visitation is part of reunification. Judges want to know why visits aren’t happening and what is being done to fix the problem.

What if things change after a final order? 

If a parent’s circumstances improve in a material way, the law allows the court to consider whether that parent is now a safe option. Documentation and timing are key.

Why this standard matters

“Reasonable efforts” is about fairness and outcomes. It holds the Department accountable for doing real work to keep children safe and to help families heal. It also gives parents a roadmap: when the efforts match the need—and parents are supported to meet that need—children spend less time in limbo and reach stability sooner.

Talk to us before your next hearing

CPS cases move quickly and can feel overwhelming. At Sims & Purzer, we prepare you for each stage, review your service plan for what’s helpful and what’s not, and make sure the judge hears the progress you’re making.

Schedule a consultation to get a clear plan for your next hearing and a strategy that protects your child, supports reunification when it’s safe, and moves your case toward a stable future.