Can the government spy on you or your kids, suspecting abuse? Here’s what to know in Texas

David Montesino
·2 min read

Getting a call out of the blue from a governmental agency in Texas inquiring about the welfare of your child or children must be a terrifying experience for any parent.

But it happens, and it usually begins with a tip.

On March 20, 2023, an investigation into the whereabouts of 6-year-old Noel Rodriguez-Alvarez started when the Texas Child Protective Services received an anonymous tip that Noel hadn’t been seen since November 2022. A Tarrant County grand jury later indicted Cindy Rodriguez-Singh, Noel’s mother, on charges including his murder while the search for the child’s body continues a year after he was last seen, the Star-Telegram previously reported.

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As tips come in about a child’s alleged neglect or abuse, the CPS, a division of the Texas Department of Family and Protective Services, assesses the reports and begins an investigation. But can this inquiry include monitoring the electronic devices of the parents and children?

Can Texas CPS tap your phone during an investigation?

Not without parental consent.

“No, CPS generally cannot tap your phone without a court order or your consent,” according to the Bryan Fagan law firm website. “Phone tapping is a serious invasion of privacy, and courts require a strong justification before granting such permission.”

Texas recognizes the parent’s right to privacy. intrusions from the CPS is governed by the right of informed consent. Without a parent’s consent or a court order, CPS cannot tap phones or intercept any or part of your electronic conversations.

In Texas, what is considered invasion of privacy?

In Texas, the law recognizes the individual’s right to privacy.

“(Texas) law generally respects an individual’s expectation of privacy, which can include communications made via a cell phone,.” the Bryan Fagan law firm states.

The state recognizes three types of invasion of privacy claims:

  • Misappropriation — An individuals is free to not have his personality used and exploited.

  • Unlawful publicity — Your personal affairs that the public has no legitimate concern cannot be publicized.

  • Intrusion on seclusion — No one can intrude on your private activities when that intrusion can be seen as shameful or humiliating to any normal person.