CPS may conduct an emergency remove of a child if a CPS worker finds:
There is a present danger of serious harm to the child in the home;
The caregiver's protective capacities are insufficient to keep the child safe from the harm;
There are reasonable efforts that CPS can make to prevent removal of the child that would be consistent with the safety of the child.
If a child is removed by CPS (without a hearing) an emergency hearing must be held by a court on the "first working day" after removal of the child, but no more than three (3) days after removal.
See Texas Family Code Section 262.106
At this hearing, the judge will determine if the factors listed above exits.
If the judge finds any of the 3 above listed reasons exist, then the child will remain in the possession of CPS until further order by the court.
To read more go to www.tyla.ortg and download "What You Should Know about your Child Abuse, Neglect or CPS case.
Hire an attorney immediately to represent you in court if CPS has taken your child.
Look on www.avvo.com for an attorney in your area.
It's the best free website that I know of for people looking for an attorney.