Can a CPS Investigator speak with your child without you present and without telling you first?

Surprisingly, YES!

CPS is not required to inform you of their intent to interview or examine your child AND they can do so even without you present.

Except for 2 circumstances though, CPS is required to inform you within 24 hours that the interview or examination took place and the nature of the allegation of abuse or neglect being investigated.

CPS is NOT required to inform you that they’ve interviewed or examined your child if they determine that informing you would endanger the child, the person making the report, or any person participating in the investigation.

CPS can also DELAY informing you if requested by law enforcement because the notification would interfere with an ongoing criminal investigation.

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Tex. Fam. Code Sec. 261.311. NOTICE OF REPORT.
(a) When during an investigation of a report of suspected child abuse or neglect a representative of the department conducts an interview with or an examination of a child, the department shall make a reasonable effort before 24 hours after the time of the interview or examination to notify each parent of the child and the child's legal guardian, if one has been appointed, of the nature of the allegation and of the fact that the interview or examination was conducted.

(b) If a report of suspected child abuse or neglect is administratively closed by the department as a result of a preliminary investigation that did not include an interview or examination of the child, the department shall make a reasonable effort before the expiration of 24 hours after the time the investigation is closed to notify each parent and legal guardian of the child of the disposition of the investigation.

(c) The notice required by Subsection (a) or (b) is not required if the department or agency determines that the notice is likely to endanger the safety of the child who is the subject of the report, the person who made the report, or any other person who participates in the investigation of the report.

(d) The notice required by Subsection (a) or (b) may be delayed at the request of a law enforcement agency if notification during the required time would interfere with an ongoing criminal investigation.