2200 Basic Investigation Process
2210 General Provisions
CPS September 2017
Ongoing Child Safety Assessment
The caseworker must assess child safety throughout the investigation.
Staff At Any Time
The caseworker may staff an investigation with the supervisor or program director at any time.
Definition of Parent
As used in policy, the term parent generally refers to a person legally responsible for the child.
Reporter Confidentiality
The caseworker must not reveal the identity of the reporter except to law enforcement or other entities charged with investigating abuse and neglect.
DFPS Rules 40 TAC §700.203
Texas Family Code §261.101(d)
CPS Actions When Danger to a Child is Present
If danger to a child is present at any point during an investigation, the caseworker must staff with the supervisor and take one of the actions described in 3200 CPS Actions When Danger to a Child is Present.
CPS Actions When a Child or Principal Cannot Be Located
If a child or principal cannot be located at any point during an investigation and this prevents the caseworker from gathering enough information or taking action to ensure child safety, the caseworker must staff with the supervisor and follow the actions described in 3100 When a Child Who is With His or Her Family Cannot be Located.
Uncooperative Principal
If a principal is uncooperative at any point during an investigation and this prevents the caseworker from gathering enough information or taking action to ensure child safety, the caseworker must staff with the supervisor and, if necessary, staff with the attorneys representing DFPS as to the appropriate legal intervention.
Texas Family Code §261.3031
Cooperation with Law Enforcement
If law enforcement is conducting a joint or concurrent criminal investigation, the caseworker must cooperate and collaborate with law enforcement.
Transferring Stages Between Counties
If principals in a case are actually or are believed to be located in more than one county, staff in both counties must cooperate to take any immediate action needed to ensure child safety and to determine in which county the family will be best served.
When a case is being transferred between counties, the caseworker in the transferring county remains responsible for the case until the transfer is completed.
Children Under the Jurisdiction of a Court in Another State
If a caseworker discovers during an investigation that an alleged victim is in the legal custody of another state, the caseworker must contact the other state to:
• determine why the child is in Texas; and
• make the necessary arrangements to:
• return the child to the other state; or
• begin the ICPC process.
The caseworker must complete the investigation related to abuse and/or neglect that occurred while the alleged victim was residing within Texas.
2220 Documentation
2221 Documentation and Same Day Contact Entry for Alleged Victims and Other Children
CPS May 2017
The caseworker must enter in the Contact Detail window in IMPACT, on the same day of the contact, any face-to-face contact or attempted contact with any child, including alleged victims.
The caseworker must select in the Contact Detail window all alleged victims seen during the contact. If the caseworker saw at least one alleged victim, the caseworker must not select Attempted.
If there were children that the caseworker did not see during the contact, the caseworker must create a separate Contact Detail listing those children and indicating an attempted contact.
If the caseworker has not finished with the contact and the tasks surrounding the contact (such as the safety plan, removal, and interviews) before the end of the day, the worker must enter the contact the following day.
2222 Case Activities Requiring 24 Hour Documentation
CPS May 2017
The caseworker must enter in the narrative full documentation of the interviews and observations of all children, including victim children, within 24 hours of contact.
The caseworker must also enter full documentation of all interviews and case activities within 24 hours of taking any of the following case actions:
• establishing a safety plan;
• initiating a parental child safety placement (PCSP); or
• removing the child
2223 All Other Documentation
CPS May 2017
The caseworker must document all other contacts, attempted contacts, staffings, and case activities, including the full narrative, within seven calendar days.
Documentation Content
Documentation on contacts with individuals must include:
• danger to a child;
• child vulnerabilities;
• any required parental consent;
• protective actions; and
• services that the family needs or is receiving.
Documentation on staffings must include any case-related decisions and required actions.
2230 Investigation Tasks
CPS May 2023
Advancing Intake to Investigation
When a supervisor or designee decides an intake needs to be stage progressed to the investigation stage, the case must be progressed as soon as possible to ensure priority time frames for face-to-face contact with the alleged victims are met.
Identifying the Home Where Abuse or Neglect is Alleged
For the purposes of conducting an investigation, the home under investigation is one or more of the following:
- The home of the parent or legal guardian if the parent or legal guardian is the alleged perpetrator.
- The home of the parent or legal guardian if the alleged perpetrator is a member of the parent or legal guardian’s home or frequently comes to the home.
- The home of the parent or legal guardian who allowed the alleged perpetrator access to the child, if the child was abused outside of the home. See Statewide Intake Handbook, 4420 County.
The composition of a child’s home can change during the life of a case, and those changes should be taken into consideration when assessing safety and determining who needs to be assessed.
Initial Investigation Tasks
The caseworker must complete all of the initial tasks within 10 calendar days of the date of intake.
If child safety concerns and required priority time frames for contacting alleged victims allow, the caseworker must complete these initial tasks before contacting alleged victims:
- Review the intake and the DFPS history on all principals and anyone else living in the home where abuse or neglect is alleged.
- If the family had a prior investigation with an overall disposition of Unable to Complete, the caseworker must gather information about those allegations during the current investigation.
- If enough information is available, run and review criminal history on all of the following people:
- All adult alleged perpetrators.
- All principals including all adults living in the home where abuse or neglect is alleged.
- All principals in an alleged victim’s home where abuse or neglect is alleged who are 14 years old or older and are not alleged victims.
- Contact the reporter, if this was not done during the intake stage.
- Arrange for joint investigation with law enforcement if Priority 1 (P1) and sexual abuse (SXAB) or physical abuse (PHAB) is alleged, or document why a joint investigation cannot occur.
- If a professional reporter made the report and the case is in a county served by a children’s advocacy center (CAC), contact the local CAC to schedule a forensic interview if any of the following is true:
- The report alleges sexual abuse of a child.
- The report is a type of case handled the local CAC according to its working protocols.
- The report involves a child fatality, and there are surviving children in the deceased child’s home or under the supervision of the caregiver involved in the child fatality.
See:
1830 People on Whom Criminal Records Checks Can Be Made
2232 When to Notify Children Advocacy Centers About Reports of Abuse or Neglect
Texas Government Code §411.114
Texas Family Code §261.301(f)-(h)
2231 Initial Tasks Involving a Child in DFPS Conservatorship
CPS May 2023
If any principal in the investigation is also a principal in an open Family Preservation, Family Substitute, or Substitute Care stage, the caseworker and the supervisor must staff with the family preservation or conservatorship caseworker and the supervisor.
See 2151.1 Notification of a Report Involving a Child in DFPS Conservatorship.
2232 When to Notify a Children's Advocacy Center about a Report of Abuse or Neglect
CPS October 2023
The following circumstances require a referral to a children’s advocacy center (CAC) multidisciplinary team. DFPS must attempt to contact the local CAC before making initial contact with a child who is the subject of an investigation in either of the following situations:
- A professional reporter makes a report of abuse or neglect that alleges sexual abuse of a child or is a type of case that a local CAC handles according to its working protocols.
- DFPS receives a report about a child fatality in which there are surviving children in the deceased child’s household or under the supervision of a caregiver involved in the child fatality.
If the report meets either of the circumstances above, DFPS must attempt to contact the CAC before making any contact with the child. During the contact, DFPS and the CAC jointly determine the multidisciplinary team’s response and whether a forensic interview of the child is appropriate. DFPS supervisors or other management staff must ensure that DFPS staff make their best efforts to refer a case to the CAC according to the CAC’s working protocols.
If the county is not served by a local CAC, DFPS may refer the case to a CAC multidisciplinary team in an adjacent county and schedule a forensic interview, if appropriate.
Cannot Reach CAC or Schedule Interview within Priority Time Frame
If DFPS cannot reach the CAC or schedule an interview before the priority time frame, then DFPS must make initial contact with the child to ensure child safety. DFPS must document all efforts to contact the CAC in a contact narrative in IMPACT.
After making contact with the child and ensuring child safety, DFPS must continue to make efforts to contact the CAC to determine the multidisciplinary team’s response and whether a forensic interview of the child is appropriate based on the child’s age and development, and the CAC’s working protocol.
2233 Making a Referral to the Forensic Assessment Center Network
CPS October 2021
DFPS is required by statute to contract with Texas medical schools and hospitals that comprise the Forensic Assessment Center Network (FACN). FACN includes physicians who specialize in child abuse and neglect. The goal of the network is to make medical professionals with expertise in child abuse and neglect more readily available to advise caseworkers in cases with complicated medical issues.
The network provides all of the following:
- Case consultation.
- Forensic assessment (including medical evaluations).
- Training about issues surrounding child abuse and neglect.
- The following types of testimony for court proceedings:
- In cases where FACN physically evaluated a child, the FACN physician may testify as a medical witness.
- In cases where FACN only reviews records, the FACN physician may testify as an expert witness.
DFPS staff in the following divisions have access to the FACN:
- Child Protective Investigations (CPI)
- Alternative Response (AR)
- Conservatorship (CVS)
- Family-Based Safety Services (FBSS)
While CPI and AR primarily use the FACN as a resource, all programs have access and can use the FACN.
When FACN Reports Abuse or Neglect
If an FACN health care practitioner makes a report of abuse or neglect of a child, that health care practitioner cannot be used to also conduct a forensic assessment on the same child. The caseworker may still interview the original health care practitioner as a principal or collateral.
If an FACN health care practitioner makes a report, this does not disqualify other FACN health care practitioners from conducting the forensic assessment.
For definition of health care practitioner, see the CPS Handbook’s Definitions of Terms.
2233.1 When and When Not to Make a Referral to FACN
CPS October 2021
Caseworkers may make a referral to FACN when they need additional clarification on abuse or neglect cases to address child safety decisions or to ask general ongoing medical questions. A caseworker does not need approval from any of the following people to request an FACN consult:
- The child’s parent.
- The attorney representing the child or parent.
- The child’s primary care physician or other health care practitioner.
When CPI Must Make a Referral to FACN
Caseworkers must make a referral to FACN in the following circumstances:
- There does not appear to be any reasonable explanation for a child’s injury or the explanation is not consistent with the injury.
- A child requires an in-person forensic assessment examination.
- The caseworker needs assistance to determine whether abuse or neglect occurred.
- There is a difference of opinion between a medical professional and DFPS regarding whether abuse or neglect occurred, or about the seriousness of an injury or condition, and clarification is needed.
- There is evidence of medical child abuse (also known as Munchausen syndrome).
- The caseworker has a question about abuse or neglect that a medical professional may be able to clarify.
- A child younger than 11 years old has a sexually transmitted disease (STD), and there is not a preponderance of evidence that abuse led to the STD. See 2360 Medical Vulnerability.
- Near-fatality cases when the treating physician is not a child abuse pediatrician.
Using FACN in this way is not the same as a specialty consultation. See 2232.2 Specialty Consultations.
Making the Referral to FACN
Emergency
The caseworker must immediately contact the FACN by phone (1-888-TX4-FACN). This contact is available 24 hours a day and seven days a week for acute cases. See the FACN Resource Guide.
Non-Emergency
If the caseworker and supervisor decide to make a referral to FACN for a non-acute case, the caseworker must enter the basic referral information into the FACN system (www.facntx.org) or by phone (1-888-TX4-FACN) within two business days during regular business hours.
When FACN Indicates Abuse or Neglect
The FACN physicians’ input must be taken into consideration in determining abuse or neglect of a child.
If FACN indicates that abuse or neglect occurred, the caseworker must immediately meet with the supervisor and program director to ensure the appropriate safety intervention is taken to keep the child safe.
When there are differing opinions between medical professionals as to whether abuse or neglect occurred, the caseworker must do the following:
- First, establish safety of the child.
- After establishing the safety of the child, staff with the caseworker’s chain of command and legal to determine next steps.
See FACN Resource Guide.
When Not to Make a Referral to FACN
A caseworker must not refer a child in DFPS conservatorship to FACN for standard medical care, including direct examinations or medication services.
Caseworkers generally do not need to make a referral to FACN when both of the following criteria are met:
- The child has already been seen by a local physician who is certified as a child abuse and neglect specialist.
- There are no additional questions or concerns.
2233.2 Specialty Consultations
CPS October 2021
FACN can recommend a specialty consultation, but FACN may not make a referral for the specialty consultations. If FACN recommends a specialty consultation, DFPS obtains the information from the child’s digital file in FACN. DFPS reviews the recommendation and determines if a referral is needed based on all the information in the investigation.
A specialty consultation referral may be requested by any of the following:
- The primary care physician or other health care practitioner that provided health care or treatment or otherwise evaluated the child.
- The child’s parent or legal guardian.
- The parent or legal guardian’s attorney.
DFPS must refer a case for a specialty consultation in cases of abuse and neglect in conjunction with the diagnoses below:
- Rickets.
- Ehlers-Danlos Syndrome.
- Osteogenesis-imperfecta.
- Vitamin D deficiency.
- Other medical conditions that mimic child maltreatment or increase the risk of misdiagnosis of child maltreatment.
The specialty consultation must be completed by a physician who is licensed in Texas and board-certified in the field relevant to diagnosing and treating the conditions described. The physician must not be the original reporter of suspected abuse or neglect.
If DFPS makes the determination to refer a child for a specialty consultation, DFPS must work with the family to provide them with the referral.
Before making the referral for a specialty consultation, the caseworker must provide written notice of the name, contact information, and credentials of the specialist to one of the following people:
- The child’s parent.
- The attorney representing the child or parent.
The child’s parent, or the attorney representing the child or parent, may object to the referral and request an alternative specialist. The caseworker and family collaborate to select an acceptable specialist. However, the caseworker may refer the child to a specialist over the objection of the family. The caseworker must first get approval from the supervisor to refer the child to a specialist over the objection of the family.
The family is not prohibited from seeking an alternative opinion at their own expense. If the family seeks a second medical opinion, the caseworker must accept and consider this alternative opinion and document it in the contact narrative in IMPACT.
2233.3 Documenting Results from FACN Consultations
CPS October 2021
The caseworker must document in the FACN contact narrative in IMPACT:
- All information received from FACN related to child safety.
- All results from the consultation with the FACN physicians including specialty consultations.
The caseworker must document in a contact narrative any case staffing with the supervisor and program director regarding:
- The results of the medical consultations.
- Any differing medical opinions between consulting medical professionals.
The caseworker must upload all medical records and any other documentation provided by FACN or a medical provider into OneCase.
2233.4 Requesting an Extension While Awaiting FACN Response
CPS October 2021
The caseworker must request an extension if unable to submit the investigation to the supervisor for approval within 45 calendar days from intake. If an extension is needed, the caseworker uses the extension code Medical Records. See 2291.6 Extension Request.
2233.5 Removing a Child Based on FACN Consult
CPS October 2021
Exigent removal of a child may not be based solely on the opinion of a medical professional under contract with DFPS who did not conduct a physical examination of the child. However, if both the physician who conducted the physical examination and the FACN physician agree that abuse or neglect occurred, then both opinions may be used for an emergency removal.
2240 Interviewing, Examining, Transporting, and Removing a Child
2241 Constitutional Protections Under the Fourth Amendment
CPS October 2020
The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures by the government. In addition, the Texas courts have determined that the right to be free from unreasonable searches and seizures exists during a child abuse and neglect investigation. Caseworkers must comply with Fourth Amendment obligations when taking any of the following actions:
- Entering a home.
- Interviewing a child not in DFPS conservatorship.
- Visually examining a child not in DFPS conservatorship.
- Transporting a child not in DFPS conservatorship.
- Removing a child from the parent or another person with legal custody.
2242 Requirements for Consent
CPS April 2023
The caseworker must ensure that the person providing consent meets all of the following criteria:
- Has the capacity to consent.
- Has the authority to consent.
- Voluntarily provides consent.
See Appendix 2000-1: Summary of Consent Requirements.
2242.1 Capacity to Consent
CPS April 2023
The caseworker must ensure that the person providing consent has the capacity to consent. The caseworker may use the following criteria to aid in their assessment:
- Age.
- Mental impairments.
- The effect of drugs or alcohol on the person’s mental faculties, if the person is currently using drugs or alcohol.
- Language ability.
The person’s consent is valid only if the person understands the request for consent.
The caseworker must not rely on consent if there are questions or concerns about whether the person giving consent understands the request for consent or has the capacity to consent. If the caseworker has questions or concerns about a person’s capacity to consent, the caseworker must consult with the attorney representing DFPS.
2242.11 Determining Whether a Child Has the Capacity to Consent
CPS April 2023
If an adult is not present, the caseworker may seek consent from the child if the caseworker determines that the child has the capacity to consent.
There is no definitive age when a child has the capacity to consent. When determining whether a child has the capacity to consent, the caseworker considers a number of factors including, but not limited to, the following:
- Age — In general, the older the child is, the more likely it is that the child has capacity to consent.
- Maturity — In general, the more mature the child acts, the more likely it is that the child has capacity to consent.
- Intellectual capabilities — In general, if a child is limited in intellectual capability, the child is less likely to have the capacity to consent.
If a child is old enough to be left home alone or left in charge of other children in the home, the caseworker may reasonably assume that the child has the capacity to provide meaningful consent.
When an adult is not present to provide consent, the caseworker must not rely on the consent of a child if there are questions or concerns about whether the child has the capacity to consent or understands the request for consent. If a caseworker assesses a child and determines that the child does not have capacity to consent, the caseworker must consult with the supervisor to determine whether any of the following apply:
- There is sufficient basis to show good cause to obtain a court order for the specific action for which the caseworker is seeking consent.
- There are exigent circumstances under which the caseworker may remove the child.
- The caseworker could return later and attempt to obtain consent from someone else with capacity without jeopardizing child safety.
If a child is an alleged perpetrator, parental consent is required to interview the child about the allegations against the child. See 2248.2 Notice of Right to Record an Alleged Perpetrator’s Interview.
2242.2 Authority to Consent
CPS April 2023
The caseworker must ensure that the person providing consent has the authority to consent. Unless there is reason to believe that a parent’s rights to a child have been limited by a court order, the parent has authority to consent to the following actions:
- Entering the home.
- Interviewing the child.
- Visually examining the child.
- Transporting the child.
A caseworker must attempt to obtain consent from a parent before obtaining consent from another person. If a parent is not present and has not previously denied consent for any of the above actions during the current investigation, the caseworker may seek consent from another person who has the authority to consent. A person’s authority to consent depends on the action the caseworker is taking.
A caseworker must request consent from a parent to interview a child who is believed to have relevant information about the allegations if the child is not a member of the home where abuse or neglect occurred.
If the caseworker has questions or concerns about a person’s authority to consent, the caseworker must consult with the attorney representing DFPS.
A caseworker must obtain consent from the conservatorship caseworker or supervisor to interview a child in DFPS conservatorship as a victim. If a child in DFPS conservatorship is an alleged perpetrator, consent is required from the child’s attorney ad litem to interview the child as an alleged perpetrator. See 6824 CPS Youth and Young Adults and the Adult Criminal Justice System.
2242.3 Voluntary Consent
CPS April 2023
The caseworker must be certain that consent is clear and is not a result of coercion or duress.
The standard is whether reasonable people in the same circumstances would believe they are free to refuse consent.
When requesting consent, the caseworker must never coerce the person or threaten the person with punishment. However, the caseworker can discuss the next steps in the investigation, such as:
- Whether the caseworker will suggest seeking a court order to enter the home, interview the child, visually examine the child, or transport the child.
- Whether the caseworker has supervisory approval for an emergency removal of the child.
2242.4 Withdrawing Consent
CPS April 2023
Anyone with the authority to consent can also withdraw it at any time. If the person who consented, or someone else with authority to consent, gives any indication that they are withdrawing consent, the caseworker must immediately stop the action for which consent was obtained.
2242.5 Documenting Consent and Actions Taken Based on Exigent Circumstances
CPS April 2023
The caseworker must document the following information in the IMPACT case narrative upon obtaining the consent:
- Who consented.
- What action was involved (entry, interview, visual examination, transportation, and so on).
- How the caseworker determined the person had capacity to consent, if there is an issue of capacity or consent was obtained from a child.
The caseworker must document this information for each action and each time the caseworker obtains consent.
If the caseworker relied on exigent circumstances for any actions, such as entry into the home or removal of the child, the caseworker must document the facts of the exigent circumstances in the case narrative.
2243 Entering the Home
CPS August 2017
Before entering a home, a caseworker must have:
• consent;
• exigent circumstances; or
• a court order.
2243.1 Consent to Enter the Home
CPS August 2017
In a two-parent household, if one parent gives consent for the caseworker to enter the home but the other parent expressly refuses entry, the caseworker must not enter the home without a court order or exigent circumstances.
Even if law enforcement has consent or a court order to enter the home, the caseworker must obtain explicit consent separately from law enforcement or obtain a court order to enter the home.
The parent or other individual with authority to consent may revoke consent at any time. The caseworker must obtain consent each time he or she seeks to enter the home.
2243.11 Who Has the Authority to Give Consent to Enter the Home
CPS August 2017
A parent has the authority to give consent to enter the home. If the parent is not present, the caseworker may obtain consent from:
• a person responsible for the children;
• a child, if the caseworker determines that the child has capacity to consent (see 2242.11 Determining Whether a Child Has the Capacity to Consent); or
• an adult resident of the home (see 2243.12 Consent Provided by an Adult Resident of the Home).
The caseworker must not seek consent to enter the home from a non-resident owner unless the non-resident owner is responsible for the premises and children in the parent's absence. This includes landlords, relatives, or other persons who own but do not live in the home.
2243.12 Consent Provided by an Adult Resident of the Home
CPS August 2017
The caseworker may seek consent to enter the home from an adult resident of the home, including a roommate or other household member. The resident can grant access to common areas of the home. Common areas are those portions of a home shared by the residents. This may include the kitchen, living room, or shared bathrooms.
The adult resident may also consent to the caseworker entering:
• the resident's own bedroom or personal areas of the home, and
• the bedrooms and personal areas of the resident's own children.
However, an adult resident, even if he or she is the owner of the home, does not have the authority or capacity to provide consent to enter bedrooms or other private areas belonging to other persons living in the home.
For example, if a family has a renter with a private room, particularly one that is closed off or locked, the caseworker should only rely on the consent of the renter to go into the private room. A caseworker must obtain consent from the person who has a reasonable expectation of privacy in the room or space to which the caseworker is attempting to enter.
2243.2 Exigent Circumstances
CPS August 2017
Exigent circumstances to enter a home exist only when the caseworker and supervisor determine, based on the totality of the circumstances, that:
• there is reasonable cause to believe that a child is in imminent danger of physical or sexual abuse; and
• the purpose for entering the home is to protect the child.
If the child would be safe during a delay to gather more information or obtain a court order, exigent circumstances are not present.
A caseworker must contact law enforcement for assistance before entering the home to remove a child based on exigent circumstances if the caseworker believes that his or her safety would be in jeopardy without assistance from law enforcement.
If a caseworker enters the home based on exigent circumstances, the caseworker must document the facts of the exigent circumstances in the case narrative.
2243.3 Court Order
CPS October 2023
If a parent or adult home member refuses to cooperate, the department shall seek a court order in aid of an investigation.
To obtain a court order, the caseworker must show in the supporting affidavit that one of the following exists:
- The child has not been seen.
- There is a belief that the child is in imminent danger of being subjected to aggravated circumstances (defined in Texas Family Code, Section 262.2015).
- It is necessary to protect the child from alleged abuse or neglect.
- It is necessary to gain access to the home for an interview, examination, and investigation.
2244 Interviews with Children
CPS May 2023
The caseworker must interview the child face-to-face, in a developmentally appropriate way, about the allegations reported in the case and any other concerns for the child’s safety.
The caseworker must interview and visually examine both of the following:
- All alleged victims.
- All other children who reside in the home where the abuse or neglect is alleged, unless the investigation is appropriate for a disposition of Abbreviated Ruled Out or Administrative Closure. See 2291.1 Abbreviated Ruled Out and 2310 Criteria for Administrative Closure of an Investigation.
If a child does not reside in the home where the abuse or neglect is alleged, the caseworker must receive parental consent before conducting interviews or visual examinations.
Interviewing Children when Cases Are Referred to Ongoing Services
See 2410 Process for Concurrent Stages – Referring a Case to Family-Based Safety Services (FBSS).
2244.1 Time Frames for Interviewing Children
CPS May 2023
Priority 1 Reports
The caseworker must interview or attempt to interview all alleged victims immediately if circumstances indicate possible substantial bodily injury or death, and no later than within 24 hours of the intake date and time for all other Priority 1 reports.
Priority 2 Reports
The caseworker must interview or attempt to interview all alleged victims within 72 hours of intake date and time.
If the report has been screened, the caseworker must interview or attempt to interview all alleged victims within 72 hours of stage progression to investigation.
Delays in Interviewing Children
If the caseworker is unable to make contact with any alleged victims within the prescribed time frames, the caseworker must immediately develop and implement a follow-up plan and document the supervisor’s approval in IMPACT.
2244.2 Interviewing Other Children in the Home
CPS August 2017
The caseworker must gather the names and conditions of all other children in an alleged victim's home as part of the investigation. The caseworker must interview the children if the caseworker believes they have relevant information about the allegations or known danger to a child.
Texas Family Code §261.302(c)
2244.3 Consent to Interview a Child
2244.31 Consent to Interview a Child at Home
CPS August 2017
When at an alleged child victim's home or when a parent or person responsible for the child is present, the caseworker must obtain consent from the parent or person responsible before interviewing the child.
When a parent or person responsible is not present, the caseworker may obtain consent from the child if the caseworker determines that the child has capacity to give consent. See 2242.11 Determining Whether a Child Has the Capacity to Consent.
If the child has been left in the care of another child, the caseworker must not seek consent from the other child, even if the parent has not previously denied consent.
The caseworker must not seek consent from an adult resident of the home who has not been left responsible for the child.
If Consent is Denied
If a parent or person responsible denies consent, the caseworker must:
• seek a court order to interview the child; or
• remove the child if exigent circumstances exist and interview the child after removal.
If a parent has previously denied consent during the current investigation, the caseworker must not request consent from any other person, including the child or another person left responsible for the child.
Parent Refuses to Allow a Child to be Interviewed
In a two-parent household, if one parent refuses to allow the caseworker to interview a child, the caseworker must not interview the child without a court order or exigent circumstances, regardless of the location. If the parents do not reside together, the caseworker may rely on the consent of either parent unless the caseworker has reason to believe that the parent's rights to the child have been limited by a court order.
If the caseworker cannot gain admission to the home or place where the child is located, the caseworker must:
• seek a court order requiring the parent to allow entrance for the interview, examination, and investigation; or
Texas Family Code §§261.303(b),261.3031, 261.3032
• remove the child if exigent circumstances exist.
2244.32 Consent to Interview a Child at School
CPS August 2017
A caseworker must not interview a child at school if the parent has denied consent for the child to be interviewed during the current investigation.
The requirements for obtaining consent to interview a child at school differ based on whether the school is or is not under the jurisdiction of the Texas Education Agency (TEA). If the caseworker does not know whether the school is under TEA jurisdiction, the caseworker must check TEA's website before visiting the school.
Conducting Interviews at Schools Under TEA Jurisdiction
If the parent has not denied consent and the child attends a school under TEA jurisdiction, the caseworker must:
• on arrival, notify school personnel of the caseworker's intent to interview the child;
• obtain parental consent if a parent is present at the school; and
• if the parent is not present, interview the child unless the child objects.
Conducting Interviews at Schools Not Under TEA Jurisdiction
A person in a school not under TEA jurisdiction has the same protections as a person in a home. If a school is not under TEA jurisdiction, and the parent has not denied consent during the current investigation, the caseworker may only enter the main office without consent. The caseworker must obtain consent to enter any other portion of the school from appropriate school personnel, as determined by the school.
The caseworker must also obtain:
• parental consent to interview the child if the parent is present; or
• consent from appropriate school personnel to interview the child if a parent is not present.
If Consent is Denied
If school personnel deny consent to enter the school and interview the child, the caseworker must attempt to contact the parent to obtain consent. If the parent denies consent, the caseworker must consult with the supervisor to determine whether to:
• pursue a court order to interview the child; or
• remove the child due to exigent circumstances and interview the child after removal.
2244.4 Conducting the Interview
CPS October 2019
The caseworker must attempt to interview a child in private without any third party present, unless the child needs an interpreter or the caseworker determines that having another person present would be appropriate. However, if a parent denies consent for the child to be interviewed alone, the caseworker must do one of the following:
• Proceed with the interview in the presence of a parent or a third party agreed to by the parent.
• Obtain a court order to interview the child alone.
2244.41 Assessing Communication Needs when Interviewing a Child
CPS October 2019
The investigator must assess communication needs for each child and determine if any accommodations need to be made for the child. If the investigator believes that the child may have a disability that affects his or her ability to communicate, the investigator must make appropriate accommodations during the interviewing process. Disabilities that can interfere with communication include deafness, hearing loss, and autism spectrum disorder, which causes the child to not communicate effectively.
See:
Persons with Disabilities Resource Guide
1251 Clients With Disabilities
2244.5 Notifying a Parent that a Child Has Been Interviewed
CPS August 2017
The caseworker must make reasonable efforts to notify each parent about the contact and nature of the allegations within 24 hours of the contact, unless notification would endanger any child in the home, a reporter, or anyone else who participated in the investigation.
Texas Family Code §261.311
2244.6 Interviews with Children at Specialized Facilities
CPS August 2017
Whenever possible and appropriate, alleged victims of sexual or serious physical abuse must be interviewed at a specialized facility, such as a child advocacy center, when such a facility is available.
2244.7 Accepting Child Interviews Conducted by Others
CPS August 2017
Before the caseworker can accept a substitute interview in place of a face-to-face interview, the caseworker must have supervisor approval and document in IMPACT that:
• another authorized person or agency has already conducted an objective and impartial interview on the allegations, or DFPS has a standing agreement to let another agency conduct the interview;
• the caseworker verifies that the interviewer is willing to testify in court, if necessary;
• the caseworker verifies that the attorney representing DFPS approves of using the substitute interview in any legal proceedings;
• the interview is accurate and reliable and will provide all needed information from the child; and
• at least one of the following conditions applies:
• The caseworker was present at the substitute interview.
• The interviewer has provided written documentation of the child's statements during the interview.
• The caseworker has viewed video or listened to audio of the interview and has documented the child's statements in a contact narrative in IMPACT.
2244.8 Interviews with a Child Who Is Alleged to Be a Victim and a Perpetrator
CPS June 2021
The caseworker must first get consent from the child’s parent, or the attorney representing the child or parent, to interview the child as an alleged perpetrator.
If the child does not live with a parent, the caseworker must get consent from a person who is authorized to make decisions for the child or that person’s attorney. The caseworker must request documentation or other information showing that the person is authorized to make decisions for the child. The caseworker must consult with the attorney representing DFPS if the caseworker cannot determine whether the person is authorized to make decisions for the child.
See Definition of Parent in 2210 General Provisions.
A child must be age 10 or older to be an alleged perpetrator.
Consent Denied to Interview as Alleged Perpetrator
If a parent (or person authorized to make decisions for the child, if the child does not live with a parent) or attorney denies consent to interview the child as an alleged perpetrator, the caseworker still tries to do one of the following:
- Interview the child as an alleged victim, as authorized by Texas Family Code §261.302, Conduct of Investigation. If necessary, the caseworker may seek a court order to conduct this interview, under Texas Family Code §261.303, Interference with Investigation; Court Order.
- Get a substitute interview, as described in 2244.7 Accepting Child Interviews Conducted by Others.
The following requirements apply if the caseworker interviews the child as an alleged victim:
- The interview may only involve questions related to the abuse or neglect that the child may have suffered.
- It must not involve questions about issues related to the child being an alleged perpetrator.
- An attorney for the child may attend the interview, as needed, to protect the child’s rights as an alleged perpetrator.
Consent Given to Interview as Alleged Perpetrator
The caseworker works with the following people to find a satisfactory approach to interviewing the child as an alleged perpetrator:
- Attorney representing DFPS.
- Child’s attorney, if the child has one.
- Child’s parents (or person authorized to make decisions for the child, if the child does not live with a parent).
- If the child is not in DFPS conservatorship, the child’s parents’ attorney (or attorneys), if they have one.
- Attorney of the person authorized to make decisions for the child, if the child does not live with a parent, and the authorized person has an attorney.
- Caseworker’s supervisor, as needed.
An attorney for the child may attend the interview, as needed, to protect the child’s rights as an alleged perpetrator.
With Audio Recording
If the parent (or person authorized to make decisions for the child, if the child does not live with a parent) or attorney consents to the interview of the child as an alleged perpetrator, the caseworker makes an audio recording of the interview.
The caseworker takes the following steps:
- Starts the recording device.
- Says the following information:
- Name of the person who gave the consent.
- Relationship of that person to the child.
- Date and time the person gave consent.
- Begins the interview.
The caseworker also documents the following in IMPACT:
- Name of the person who gave the consent.
- Relationship of that person to the child.
- Date and time the person gave consent.
Without Audio Recording
If the parent (or person authorized to make decisions for the child, if the child does not live with a parent) or attorney consents to the interview of the child as an alleged perpetrator but does not allow the caseworker to make an audio recording of the interview, the caseworker still conducts the interview.
The caseworker also documents the following in IMPACT:
- Name of the person who gave the consent for the interview.
- Relationship of that person to the child.
- Date and time the person gave consent for the interview.
- That the person denied consent for the audio recording.
- Date and time the person denied consent for the audio recording.
2245 Visual Examinations
2245.1 Consent for Visual Examination of a Child
CPS May 2023
Before visually examining any part of a child’s body that is covered by clothing, the caseworker must obtain consent from any of the following:
- The child’s parent.
- A person authorized to consent (if the parent is not present). See 2242.2 Authority to Consent.
- An alleged child victim with capacity to consent (if a parent or another adult is not present). See 2242.11 Determining Whether a Child Has the Capacity to Consent.
If the child was left in the care of another child, the caseworker must not seek consent from the other child, even if the parent has not previously denied consent.
Before conducting the examination, the caseworker must explain the need to examine the child and allow the parent, or authorized adult, to provide consent.
If the child does not have the capacity to consent, the caseworker must only examine the child in the presence of a parent or other adult authorized to consent to the examination. See 2245.3 Conducting a Visual Examination.
The caseworker must not proceed with the visual examination if the child objects to the examination.
If Consent is Denied
If a parent denied consent during the current investigation, the caseworker must not request consent from any other person, including the alleged child victim.
The caseworker must staff with the supervisor and program director to determine if legal intervention is needed.
2245.2 Consent for Visual Examination of a Child at School
CPS May 2023
A caseworker must not visually examine a child at school if the parent denied consent for the child to be examined during the current investigation.
The requirements for obtaining consent to examine a child at school differ based on whether the school is or is not under the jurisdiction of the Texas Education Agency (TEA). If the caseworker does not know whether the school is under the jurisdiction of TEA, the caseworker must check TEA’s website before visiting the school.
2245.21 Visual Examination of a Child at a School Under TEA Jurisdiction
CPS May 2023
When at a school governed by TEA, if the caseworker seeks to visually examine any part of a child’s body that is covered by clothing, the caseworker must have a reasonable belief that the child may have physical signs of abuse or neglect. The caseworker must do one or more of the following:
- Obtain parental consent if a parent is present.
- Request the school nurse or appropriate school employee to be present.
- Request law enforcement to be present.
Determining Reasonable Belief and Credible Evidence
In determining if reasonable belief exists, the caseworker must take into consideration all of the following:
- The degree of detail in the original allegations.
- Whether the report was anonymous.
- Whether there is corroborating or contradictory information.
2245.22 Visual Examinations of a Child at a School Not Under TEA Jurisdiction
CPS May 2023
A child in a school not governed by TEA guidelines has the same protections as a child in a home. If a school is not under TEA jurisdiction, and the parent has not denied consent during the current investigation, the caseworker may only enter the main office without consent. The caseworker must obtain consent to enter any other portion of the school from appropriate school personnel, as determined by the school.
In order to visually examine any part of the child’s body that is covered by clothing, the caseworker must also obtain either of the following:
- Parental consent, if a parent is present.
- Consent from appropriate school personnel, if a parent is not present.
If school personnel deny consent to visually examine the child, and the caseworker tried but was unable to obtain consent from the parent, the caseworker must consult with the supervisor to determine whether to do either of the following:
- Pursue a court order to conduct the visual examination.
- Remove the child, if exigentcircumstances exist and request a medical examination after the removal.
The caseworker must not proceed with the visual examination if the child objects to the examination.
2245.3 Conducting a Visual Examination
CPS May 2023
The caseworker must not proceed with the visual examination if the child objects to the examination. In any visual examination of a child, the caseworker must do all of the following:
- Be brief, limited to what is essential to assess the child’s safety, and only as intrusive as necessary, based on the allegations, available information, and child safety.
- Consider the age and gender of the child.
- Observe the child for any physical sign of abuse or neglect.
A caseworker must not visually examine a child’s genitals except in the most limited circumstances, including, but not limited to, examining a diaper rash. With a parent’s consent, the caseworker may visually examine a child’s diaper area for extreme diaper rash or injury, only in the presence of a parent or other adult authorized to consent to the visual examination. Any examination relating to allegations of sexual abuse can only be done by a trained medical professional.
The child must be taken to a medical professional or trained sexual abuse examiner when a child’s genitals must be examined for evidence of physical abuse, sexual injury, or other type of abuse or neglect beyond the exception identified above.
Conducting a Visual Examination at the Home
When at the home, the caseworker must conduct the visual examination in the presence of the parent or other adult authorized to consent to the examination. See 2245.1 Consent for Visual Examination of a Child.
2245.31 Photographs of a Child
CPS May 2023
The caseworker must attempt to take photographs of each child’s appearance, injuries, lack of injury, and any other relevant evidence.
The caseworker must obtain consent from any of the following to take a photograph of the child:
- A parent
- An adult authorized to consent
- A child who has the capacity to consent
If the parent or other adult authorized to consent is present, the caseworker must request permission to take photographs of the child. The caseworker must not photograph the child if the child, parent, or adult authorized to consent for the child objects. See 2242 Requirements for Consent.
Only state-issued equipment is approved for taking photographs during an investigation. A caseworker may not use any personal device to take photographs for reasons related to DFPS requirements as follows:
- Client confidentiality
- Use of technology
- Maintenance of equipment
All photographs must be labeled and uploaded into OneCase.
If state-issued equipment is not available for any reason, the caseworker must immediately staff with the supervisor.
Photographing the General Appearance of a Child
When photographing a child, the caseworker must take at least two photographs:
- A closeup photograph of the child’s face that also shows the child’s clothing for reference.
- A full body photograph showing the child from the top of the child’s head to the child’s feet.
Photographing a Child’s Injuries or Lack of Injuries
The caseworker must photograph the injury or lack of injury to the child that also includes the child’s clothing and other body part references:
- If an injury is observed, a photograph of the injury should include the child’s clothing or face in the photo as a reference.
- If an injury is alleged but not observed, a photograph of the lack of injury should include the child’s clothing or face in the photo as a reference.
Exceptions to Photographing a Child’s Injuries or Lack of Injuries
A caseworker must not photograph a child’s genitals, except in the most limited circumstances. With a parent’s consent, the caseworker may photograph a child’s diaper area for extreme diaper rash or injury only in the presence of a parent or other adult authorized to consent to the photograph.
Only a medical professional or trained sexual abuse examiner may photograph a child’s genitals for evidence of physical abuse, sexual injury, or another type of abuse or neglect beyond the exception identified above.
Documentation
If consent is obtained to take a photograph of the child, the caseworker documents in a contact narrative in IMPACT the name of the individual providing consent, and how consent was provided.
If the parent, adult authorized to consent, or a child objects to the child being photographed, the caseworker does both of the following:
- Consults with the supervisor to determine whether additional actions are necessary, in order to obtain photographs.
- Documents the refusal in a contact narrative in IMPACT.
2245.4 Audio or Video Recording of a Child’s Interview
CPS May 2023
The caseworker must attempt to audio or video record any interview with a child when the allegations are discussed. The caseworker must obtain consent from any of the following to audio or video record a child:
- A parent
- An adult authorized to consent
- A child who has the capacity to consent
If the parent or caregiver is present, the caseworker must request permission to audio or video record the child. The audio or video recording must include the child verbally providing consent, or the caseworker identifying which parent or authorized adult provided consent for the child to be audio or video recorded.
The caseworker is not required to make an audio or video record in either of the following scenarios:
- The child is unwilling to have the interview recorded.
- The recording equipment unexpectedly malfunctions.
Documentation
If consent is obtained to audio or video record the interview with the child, the caseworker documents in a contact narrative in IMPACT the name of the individual providing consent, and how consent was provided.
The documentation should include what the child stated in the child’s interview.
If the child refuses to be audio or video recorded, the caseworker must document the reason.
Texas Family Code §261.302(e)(2)
Only state-issued equipment is approved for audio or video recording a child during an investigation. A caseworker may not use any personal device for audio or video recording a child during an investigation. The recording must be uploaded into OneCase as soon as possible after completion. The most current upload procedures are located on the DFPS OneCase: Functionality & Usage page (accessible to DFPS employees only).
If state-issued equipment is not available for any reason, the caseworker must immediately staff with the supervisor.
2245.5 Examinations by External Entities
2245.51 Sexual Abuse Examinations
CPS May 2023
Medical evidence may be required if sexual abuse is alleged. The caseworker must always obtain parental consent for a sexual abuse examination by a medical professional, unless:
- DFPS has managing conservatorship of the child.
- DFPS obtained a court order permitting the examination.
Only the following, qualified medical professionals can determine whether a sexual abuse examination is necessary and perform an examination:
- Physician
- Licensed physician’s assistant
- S.A.N.E. (sexual assault nurse examiner) Nurse Practitioner
Caseworkers must never conduct sexual abuse examinations themselves, even if DFPS has managing conservatorship.
2245.52 Medical, Psychological, and Psychiatric Assessments
CPS May 2023
Authority for Obtaining Medical, Psychological, and Psychiatric Assessments
Texas law explicitly permits a medical, psychological, or psychiatric assessment of the child during the course of a DFPS investigation.
Texas Family Code §261.302(a)(2)
However, the U.S. Constitution and court cases place important limitations on when DFPS can take such action. To obtain authority for a medical, psychological, psychiatric, or similar assessment, the caseworker must, in the following order of preference, obtain either of the following:
- Parental consent.
- A court order permitting the assessment, which will only be issued if good cause is shown.
However, if circumstances warrant an exigent removal, the child may be assessed after the removal. If an assessment is conducted after an exigent removal, the caseworker must notify the parent of the assessment.
2246 Transporting a Child
CPS August 2017
Texas law permits DFPS to transport the child for purposes related to an interview, examination, or investigation.
Texas Family Code §261.302(b)(3)
However, the Fourth Amendment of the U.S. Constitution places important limitations on when DFPS can take such action. Transporting a child who is not in DFPS conservatorship is considered a seizure of the child. Before transporting a child in the course of the investigation, the caseworker must have:
• supervisor approval and parental consent;
• a court order; or
• a reasonable belief (as outlined in 2246.13 Reasonable Belief).
If a parent has not consented, the caseworker must attempt to notify a parent before transporting the child.
Texas Family Code §261.302(b-1)
2246.1 Authority to Transport a Child From School
CPS August 2017
Before transporting a child from school to a child advocacy center or other specialized facility, the caseworker must first attempt to contact the parent and obtain parental consent. If the caseworker is unable to obtain parental consent, the caseworker must have one of the following to transport the child:
• A court order.
• Reasonable belief that the child has been abused and probably will suffer further abuse if the child returns home.
2246.11 Parental Consent
CPS August 2017
If the supervisor approves the transport, the caseworker must obtain consent from the:
• child's parent; or
• other person legally authorized to make decisions for the child.
The caseworker must obtain consent before he or she can transport the child.
The caseworker must obtain an affirmative consent for the transport even if the parent or other person legally authorized to make decisions for the child accompanies the child being transported.
Identifying the Parent or Other Person Authorized to Make Decisions for the Child
The caseworker may rely on school records to verify the child's parent or other person authorized to make decisions for the child. However, if school records do not verify the relationship, the caseworker must request documentation or other information showing a person's relationship to the child or consult with the supervisor or attorney that represents DFPS.
2246.12 Court Order
CPS August 2017
The caseworker must obtain a court order that permits transporting the child if the caseworker and supervisor believe that transport is necessary to ensure the child's protection from abuse or neglect.
DFPS must show good cause for a court to issue such an order.
2246.13 Reasonable Belief
CPS August 2017
The caseworker providing the transport, and the caseworker's supervisor who approved the transport, must have a reasonable belief, based on information independently corroborated by the caseworker, that the child:
• has been abused or neglected; and
• probably will suffer further abuse upon returning home at the end of the school day.
Independent Corroboration
A reasonable belief exists only when the caseworker gathers information, either first-hand or independently from other DFPS personnel, that corroborates the allegations in the investigation. Independent corroboration may include, but is not limited to:
• a preliminary interview of a child's teacher or teachers or other pertinent school personnel;
• a preliminary interview of a child's peers or siblings;
• consultation with law enforcement concerning information they may already have obtained about the child;
• a preliminary contact with other credible and relevant collateral sources (such as neighbors, doctors, or teachers); or
• a visual examination of any injuries or physical harm that can be seen without removal of the child's clothing (provided that the caseworker also determines that the injuries or physical harm are unlikely to have a cause other than abuse).
If the Allegations Cannot Be Corroborated
If there is no other way to corroborate the allegations, the caseworker must conduct a preliminary interview of the child.
To the degree possible without jeopardizing the child's safety, the caseworker must avoid multiple interviews when an interview at a child advocacy center is planned.
2246.2 Transporting a Child in Other Circumstances
CPS August 2017
During an investigation, the caseworker may need to transport a child for examinations or other reasons related to the investigation. For instance, the caseworker may need to take the child to a medical, psychological, or dental facility for an examination or treatment, or may need to help the parents voluntarily place the child.
In these instances, the caseworker must have consent from the parent or a court order. If the caseworker obtains a court order, the caseworker must notify or attempt to notify the parent about the planned transport.
2246.3 Notifying the Parents Before Transporting a Child
CPS August 2017
If the caseworker and supervisor determine that an appropriate basis of authority supports transporting the child, the caseworker must attempt to inform the parent about the planned transport so the parent knows the child's whereabouts.
If the parent agrees to allow the caseworker to transport the child, the caseworker has given notice of the transport in the course of obtaining the consent.
If the parent does not grant consent, the caseworker may still transport the child if:
• the authority to transport is based on reasonable belief; or
• there is a court order for transporting the child.
In this instance, the caseworker:
• explains to the parent the basis of authority for transporting the child;
• documents the basis and explanation in the narrative; and
• transports the child.
2247 Removing a Child from the Child’s Home
CPS October 2020
The caseworker must make reasonable efforts to prevent or eliminate the need to remove the child from the home. The caseworker must not place the child in a parental child safety placement, even if one is available, if the caseworker determined that a removal is necessary and more appropriate based on case-specific factors, including but not limited to danger to the child if returned to the parent, history, and risk. The caseworker removes the child from the home if the situation meets all the following criteria:
- There is danger to the child.
- The caseworker has made reasonable efforts, consistent with the circumstances of each case, to secure the child’s safety.
- There is no other reasonable way to ensure safety except for removal.
If the caseworker determines that removal is necessary, the caseworker has three options for obtaining a court order for removal depending on the circumstances of the case:
- Order before removal
- Order after removal
- Nonemergency removal
See:
5411 Obtaining a Court Order Before Conducting an Emergency Removal
5412 Conducting an Emergency Removal Before Obtaining a Court Order
2248 Interviews and Contact with Alleged Perpetrators, Parents, Legal Guardians, or Other Adults in the Home Where Abuse or Neglect Is Alleged
CPS October 2023
The caseworker must interview all adults who live in the home where the abuse or neglect is alleged, unless the case is appropriate for a disposition of Abbreviated Ruled Out or Administrative Closure. See:
2310 Criteria for Administrative Closure of an Investigation
2248.1 Interviewing an Alleged Perpetrator, Parent, Legal Guardian, or Other Adult in the Home Where Abuse or Neglect Is Alleged
CPS October 2023
The caseworker must make reasonable efforts to locate both parents of each alleged victim.
At the first contact with each alleged perpetrator, parent, legal guardian, or other adult in the home where abuse or neglect is alleged, the caseworker must do the following:
- Identify himself or herself.
- Explain the role and responsibilities of DFPS.
- Complete notification of rights before conducting an interview with an alleged perpetrator, parent, legal guardian, or other persons who are the subject of the investigation in the home where abuse or neglect is alleged. See 2248.11 Required Notification of Rights.
- Explain the reason for contact.
- Inform the alleged perpetrator, parent, legal guardian, or other adult in the home where abuse or neglect is alleged about the general nature of the report and each allegation.
- Obtain the response of the alleged perpetrator, parent, legal guardian, or other adult in the home where abuse or neglect is alleged to the caseworker’s statements about the general nature of the report and allegations.
- Complete an assessment of the alleged perpetrator, parent, legal guardian, or other adult in the home where abuse or neglect is alleged that includes a social history and information about substance use or abuse, mental health, domestic violence, criminal history, and DFPS history. If the alleged perpetrator, parent, legal guardian, or other adult in the home where abuse or neglect is alleged chooses not to provide this information, the caseworker completes the assessment to the extent possible.
- Identify any steps taken by DFPS, by the alleged perpetrator, parent, legal guardian, or other adult in the home where abuse or neglect is alleged, or by anyone else to prevent or address the dangers and risk reported.
- Identify the strengths and needs of the alleged perpetrator, parent, legal guardian, or other adult in the home where abuse or neglect is alleged, including any services that might benefit the family.
If the child has not been interviewed at the time of the first contact, the caseworker must not disclose any information or details of the case that are likely to do any of the following:
- Cause harm to the child.
- Influence the child’s interview.
- Compromise the integrity of the investigation.
See 2223 All Other Documentation.
The caseworker uses the information gathered to complete the safety and risk assessment tools.
2248.11 Required Notification of Rights
CPS October 2023
Steps for Providing Notification of Rights
Upon first contact, the caseworker must notify each alleged perpetrator, parent, legal guardian, or other persons who are the subject of the investigation of the person’s rights before being interviewed.
The caseworker must do the following before conducting an interview:
- Give the person a copy of Form 3010 Notification of Rights and A Guide to a Child Protective Investigation.
- Verbally review Form 3010 Notification of Rights and A Guide to a Child Protective Investigation.
- Ask the alleged perpetrator, parent, legal guardian, or other persons who are the subject of the investigation to sign Form 3010 Notification of Rights. Then, the caseworker must do one of the following:
- Obtain a copy of the signed Form 3010 Notification of Rights, if the alleged perpetrator, parent, legal guardian, or other persons who are the subject of the investigation sign the form.
- Mark the box on Form 3010 Notification of Rights that reflects the refusal to sign, if the alleged perpetrator, parent, legal guardian, or other persons who are the subject of the investigation refuse to sign the form.
- Leave a copy of the signed or marked form with the alleged perpetrator, parent, legal guardian, or other persons who are the subject of the investigation, or with the attorney representing the alleged perpetrator, parent, legal guardian, or other persons who are the subject of the investigation.
- Upload a copy of the signed or marked Form 3010 Notification of Rights into OneCase.
- Document in IMPACT that Form 3010 Notification of Rights and A Guide to a Child Protective Investigation were verbally reviewed and copies were provided.
Alleged Perpetrator Is Unknown
If the alleged perpetrator is unknown, the caseworker must complete the steps in Steps for Providing Notification of Rights (above in this section) with all persons who are the subject of the investigation.
Alleged Perpetrator Is a Minor
If the alleged perpetrator is a minor, the caseworker must receive consent from one of the following people before interviewing the minor as an alleged perpetrator:
- The minor’s parent or legal guardian.
- The attorney representing the minor.
- The attorney representing the minor’s parent or legal guardian.
The caseworker asks the person who gave consent to sign Form 3010 Notification of Rights. See 2244.8 Interviews with a Child Who Is Alleged to Be a Victim and a Perpetrator.
Upon first contact, the caseworker must complete the steps in Steps for Providing Notification of Rights (above in this section) with the minor and the person who was asked to give consent before the interview.
One (or more) of the following people must be present during the interview:
- The minor’s parent or legal guardian.
- The attorney representing the minor.
- The attorney representing the minor’s parent or legal guardian.
New Allegations in an Open Investigation
When a new intake is received during an open investigation, and there are new allegations or new incidents of abuse or neglect, the caseworker must complete the steps in Steps for Providing Notification of Rights (above in this section). See 2157.1 Determining Whether Face-to-Face Contact Is Required.
2248.12 Interviewing a Parent or Legal Guardian Who Does Not Live in the Home Where Abuse or Neglect Is Alleged
CPS October 2023
If the child’s parents or legal guardians live in separate homes, the caseworker must contact the parent or legal guardian who does not live in the home where the abuse or neglect is alleged to inform that person about the investigation involving the child.
The caseworker must do the following:
- Identify himself or herself.
- Explain the role and responsibilities of DFPS.
- Complete notification of rights before conducting an interview with a parent or legal guardian who does not live in the home where abuse or neglect is alleged. See 2248.11 Required Notification of Rights.
- Explain the reason for contact.
- Inform the parent or legal guardian about the general nature of the report and each allegation.
- Obtain the parent’s or legal guardian’s response to the caseworker’s statements about the general nature of the report and allegations.
- Describe any actions taken by DFPS, by the parent or legal guardian, or by anyone else to protect the child.
See 2244.5 Notifying a Parent that a Child Has Been Interviewed.
2248.13 Assessing Communication Needs When Interviewing an Adult
CPS October 2023
The caseworker must assess communication needs for each adult and determine whether the adult needs any accommodations. If the caseworker believes that the adult may have a disability that affects his or her ability to communicate, the caseworker must make appropriate accommodations during the interview process. Disabilities that can interfere with effective communication include deafness, hearing loss, and autism spectrum disorder.
See:
Working with Persons with Disabilities Resource Guide
1251 Clients With Disabilities
2248.2 Recording Interviews of an Adult
CPS October 2023
It may be necessary for the caseworker to record an interview of an adult in specific circumstances, such as the following:
- The adult is recording the interview for his or her records.
- The nature of the investigation makes recording advisable.
The decision to record an interview of an adult is based on a reasonable need to have the information recorded. The caseworker must do all of the following:
- Receive supervisory approval to record the interview, unless circumstances prevent the caseworker from getting this approval.
- Notify the adult before the interview that the caseworker will record the interview.
- Document the reason for recording the interview.
The caseworker must use the recording software provided with her or his DFPS equipment. The caseworker must upload the recording into OneCase as soon as possible after completion. The upload procedures are on the DFPS OneCase: Functionality & Usage page (on the DFPS intranet).
See 2245.4 Audio or Video Recording of a Child’s Interview.
2248.3 Obtaining Demographic Information from Principals
CPS October 2023
The caseworker must do both of the following:
- Gather identifying and demographic information from all principals, and document it on the Person Detail page in IMPACT.
- Work with each principal to determine the principal’s race or ethnicity and the language in which the principal communicates.
If a principal chooses not to provide this information, the caseworker documents the information to the extent possible.
2248.4 Determining the Alleged Perpetrator’s Military Status
CPS October 2023
In an investigation, the caseworker must ask each adult alleged perpetrator whether he or she is an active duty member of the U.S. armed forces or is the spouse of a member on active duty. If the person states he or she has one of those statuses, the caseworker must notify the U.S. Department of Defense Family Advocacy Program at the active duty military installation (base) that is located closest to the investigation.
See the Military Installations website to find the nearest Family Advocacy Program.
Timing of Providing Notice to the Family Advocacy Program
The caseworker must notify the Family Advocacy Program of the investigation involving the active duty alleged perpetrator within three days after the start of the Investigation stage.
If the status is not known at the start of the investigation, the caseworker must provide notice within three days after learning of the alleged perpetrator’s military status.
If the investigation is in an area covered by a memorandum of understanding (MOU) with a military base, and the MOU specifies a shorter notification time frame, the caseworker must use the MOU’s time frame.
Documentation
The caseworker must make the appropriate selection in the alleged perpetrator’s Person Characteristics section on the Person Detail page in IMPACT.
| Alleged Perpetrator’s Military Status |
Person Characteristics |
|---|---|
Active duty member of the armed forces |
Military member on active duty in U.S. Armed Services |
Spouse of a member on active duty |
Military Dependent-legal dependent of individual on active duty in U.S. Armed Services |
The caseworker must document in the contact narrative that the caseworker notified the U.S. Department of Defense Family Advocacy Program that an alleged perpetrator is an active duty member of the armed forces or a spouse of a member on active duty.
2248.5 Complaints or Requests for Clarification from the Alleged Perpetrator, Parent, Legal Guardian, or Other Adult in the Home Where Abuse or Neglect Is Alleged
CPS October 2023
The supervisor must immediately review a complaint or request for clarification from the alleged perpetrator, parent, legal guardian, or other adult in the home where abuse or neglect is alleged.
DFPS must provide a response to the alleged perpetrator, parent, legal guardian, or other adult in the home where abuse or neglect is alleged within 30 days after receiving the person’s complaint. See 1244 Reviews of Client Complaints.
2250 Home Visits
CPS May 2023
The caseworker must conduct a home visit and take photographs of the condition of the home in any of the following situations:
- There is a principal child in the home who is five years old or younger.
- The allegations involve the condition of the home.
- Other circumstances in the case make a home visit necessary to ensure child safety.
The caseworker needs to also photograph conditions that appear to present a safety threat or hazard to the health and safety of the child, or conditions in which cleaning and repairs are needed.
The caseworker needs to return to the home at a later date to take photographs that document whether the home was cleaned or repaired, or if it continues to be a hazard to the health and safety of the child.
Photographs of Physical Evidence and Incident Scenes
The caseworker photographs physical evidence, when the caseworker becomes aware that the item referenced in the allegations is in the home but not in plain view. The caseworker may ask the parent or other adult resident in the home to retrieve the item for a photograph.
The caseworker must not ask a child to retrieve the item. The parent or caregiver has the right to refuse to provide the item referenced in the allegations. If the parent consents to providing the item referenced in the allegations for a photograph, the caseworker does not collect this item.
The caseworker consults with the supervisor and law enforcement immediately before leaving the residence, if the caseworker believes that physical evidence should be collected or observed, such as drugs or drug paraphernalia at the residence.
The caseworker must photograph the incident scene and other areas that show the geographic location of where a child was injured, or where the abuse or neglect allegedly took place. Those photographs of the home and incident scene can include all of the following, but are not limited to:
- Outside the home.
- All rooms in the home.
- Sleeping accommodations for each child.
- Food and running water.
- Location of where the incident allegedly took place.
- Any safety hazards observed.
Documentation
If consent is obtained to take a photograph of the home, physical evidence, or the incident scene, the caseworker documents in a contact narrative in IMPACT the name of the individual providing consent, and how consent was provided.
The documentation should include what the caseworker observed in the home, any safety threats identified, and what the parent or caregiver is doing to address those threats.
If the parent or caregiver objects to the home being photographed, the caseworker does both of the following:
- Consults with the supervisor to determine whether additional actions are necessary in order to obtain photographs.
- Documents the refusal in a contact narrative in IMPACT.
2251 Safe Sleep
CPS October 2020
DFPS must educate parents and caregivers about safe sleep issues, including the dangers associated with bed-sharing. The American Academy of Pediatrics (AAP) has indicated that an infant (under 12 months of age) should sleep in the same room as the parents but not on the same sleep surface. However, many physicians do not agree with the AAP recommendations on bed-sharing.
Shared sleeping arrangements by themselves do not rise to the level of abuse or neglect unless there are other factors such as drug use. See 2281 Reaching Dispositions for the Allegations.
When making first face-to-face contact with a family with an infant (under 12 months of age), the caseworker must observe the area where the infant sleeps for any unsafe sleep practices. The caseworker must immediately and specifically address any concerns with the parent or caregiver and discuss safe sleep issues. The assessment and discussion of the sleep environment must involve:
- Assessing where the infant is sleeping and ensuring it is free of blankets, pillows, stuffed animals, bumper pads, or other material.
- Discussing the importance of infants sleeping on their back.
- Discussing the dangers of exposing an infant to smoke.
- Discussing the need for a firm sleep surface (not on cushions, sofas, waterbeds, and so on).
- Discussing the dangers of infants sleeping on the same sleep surface with adults or other children, such as roll-over deaths, asphyxiation, and suffocation.
The caseworker must consult with his or her supervisor if any of the following conditions apply:
- The caseworker becomes aware of unsafe sleep practices that a parent or caregiver is not able or willing to remedy.
- A parent or caregiver states that he or she will not follow the safe sleep recommendations, and there are other factors that would create an unsafe sleeping arrangement such as drug or alcohol use while bed-sharing or medical conditions or medications that impair the parent or caregiver.
The supervisor must determine whether the situation requires further DFPS intervention.
The caseworker must provide a copy of the Keeping Children Safe Wherever You Go! handout to the parent or caregiver and review it with them, unless another worker has already documented doing so in the course of the current case.
The caseworker must document safe sleep discussions in a case contact. This includes parent or caregiver responses, observation of the sleeping arrangements, and related supervisor consultations.
If DFPS is involved in determining an appropriate caregiver, the caseworker must discuss safe sleep with that caregiver at initial contact. For safe sleep requirements for children in DFPS conservatorship, see 6411.22 Conducting the Monthly Visit.
If a family cannot ensure a safe sleep environment due to lack of resources, the caseworker must check with the Rainbow Room or local community resources to help address this need. However, staff must not consider bed-sharing, without any other issues, a form of abuse or neglect.
The caseworker must continue to view the infant’s sleeping arrangements during every home visit and assess safe sleep practices.
2260 Adding Additional Information to an Open Investigation
CPS November 2022
If at any point in the investigation the caseworker identifies additional allegations, principals, alleged victims, or alleged perpetrators, the caseworker must add applicable information to IMPACT. The caseworker must generate and review criminal history and DFPS history for any additional principals or alleged perpetrators.
2270 Completing the Safety and Risk Assessment Tools
2271 Completing Safety Assessment Tool
CPS May 2023
| Home Composition |
Name of Household to be Selected on Safety Assessment |
|---|---|
The parent or legal guardian live in the same home. |
|
The parents or legal guardians reside in separate homes. |
|
The child lives with a parent or legal guardian, and the alleged perpetrator is a relative who is not a member of the parent or legal guardian’s home. |
Completed on the home of the parent who allowed the alleged perpetrator access to the child. |
Parent placed the child with relative or fictive kin who has no legal custody, and the parent’s location is unknown. |
Completed on the home of the relative or fictive kin. |
Relative or fictive kin has primary legal guardianship of the child, but the parent has legal rights over the child, and someone in the home of the relative or fictive kin is the alleged perpetrator. |
Completed on the home of the relative or fictive kin. |
Relative or fictive kin has primary legal guardianship of child, but the parent has legal rights over the child, and someone in the home of the parent is the alleged perpetrator. |
Completed on the home of the parent or legal guardian. |
Child is in the care of DFPS and resides in a kinship home. |
No Safety Assessment tool is completed. |
Child resides in a Family-Initiated Parental Child Safety Placement (PCSP), and the PCSP caregiver or someone in the child’s home is the alleged perpetrator. |
Completed on the parent’s or legal guardian’s home. |
Child resides in a Family-Initiated PCSP, and the parent is the alleged perpetrator. |
Completed on the parent’s or legal guardian’s home. |
2271.1 Time Frames for Completing a Safety Assessment Tool
CPS May 2023
The Safety Assessment tool in IMPACT must be completed within 24 hours if:
- A safety intervention was implemented.
- A change in circumstances warranted a safety reassessment to reflect a change in the child’s safety or more than 45 days has passed.
If a safety intervention is not implemented, the initial Safety Assessment tool in IMPACT must be completed within seven days of priority time frames, unless the family is unable to be located.
The caseworker must make efforts to interview all members of the home where abuse or neglect occurs, prior to completing the initial Safety Assessment tool. If this is not possible, staff with the supervisor to determine next steps for following up with those not interviewed.
Completing a Closure Safety Assessment Tool
If 45 days have passed since the last Safety Assessment tool was completed, the caseworker completes the Closure Safety Assessment tool before closing the investigation.
A Closure Safety Assessment tool is not required if either of the following apply:
- Child Protective Investigations (CPI) cannot locate the family.
- The family is uncooperative, and legal intervention is not possible.
2271.2 Safety Interventions
CPS May 2023
If an immediate danger to a child is present, a safety intervention must be implemented. There are two safety interventions a caseworker may implement:
- Safety Plan—Parent and child are temporarily supervised by a relative or fictive kin.
- Legal Intervention—Court-ordered services or removal. See 5160 Requesting a Court Order to Participate in Services and 3220 Taking Legal Custody of a Child.
2271.3 Safety Assessment Discussion Box
CPS May 2023
This section of the Safety Assessment tool must include the following information:
- How the child is safe—safe with a plan or unsafe.
- Circumstances surrounding the abuse or neglect and family situation.
- The actions taken to protect the child (consider actions taken by the family or others and resources available to the family).
If the child is unsafe, include any reasonable efforts made to prevent legal intervention.
2272 Completing Risk Assessment Tool
CPS May 2023
| Home Composition |
Risk Assessment |
|---|---|
Both parents or legal guardians live in the same home. |
|
The parents or legal guardians are separated and lived in separate homes prior to the reported incident. |
|
The child lives with a parent or legal guardian, and abuse occurs by a relative who is not a member of the home |
Completed on the home of the parent who allowed the alleged perpetrator access to the child. |
Prior to CPI involvement, the parent placed the child with relative or fictive kin. Relative or fictive kin is listed as the alleged perpetrator, have no legal custody, and the parent’s location is unknown. |
Completed on the home of the relative or fictive kin. |
Relative or fictive kin has primary legal guardianship of child, but parent has legal rights over child, and someone in the home of the relative or fictive kin is the alleged perpetrator |
Completed on the home of the relative or fictive kin. |
Relative or fictive kin has primary legal guardianship of child, but parent has legal rights over child, and someone in the home of the parent is the alleged perpetrator |
Completed on the home of the parent or legal guardian. |
Child resides in kinship home |
No Risk Assessment tool is completed. |
Child resides in a Family-Initiated Parental Child Safety Placement (PCSP), and the PCSP caregiver or someone in the home is the alleged perpetrator |
Completed on the parent’s and legal guardian’s homes. |
Child resides in a Family-Initiated PCSP, and the parent is the alleged perpetrator |
Completed on the parent’s or legal guardian’s home. |
2272.1 Time Frames for Completing the Risk Assessment Tool
CPS May 2023
Prior to completing the risk assessment, the caseworker should:
- Identify any risk factors.
- Identify how risk has been addressed.
- Identify needed services or referrals at the end of the case.
The caseworker completes the Risk Assessment tool prior to case closure.
The caseworker must refer a case to Family-Based Safety Services (FBSS) when the following criteria is met:
- An unresolved danger indicator is present, and a safety plan is being carried out to mitigate the danger indicators present, regardless of the score on the Risk Assessment.
- The Risk Assessment score (risk level) is high or very high, and FBSS services are needed to address this risk.
- There is a court order (motion to participate or court-ordered services) that requires the parent or legal guardian to participate in FBSS.
Close the investigation stage without a referral to FBSS, if any of the following apply:
- Risk level is high or very high, and the investigation reflects how risk has been addressed.
- The family refuses services, and legal intervention is not possible.
- The caseworker has made reasonable efforts to locate the child and has been unsuccessful. See 3100 When a Child Who Is with His or Her Family Cannot Be Located.
See 2291.4 Need for Ongoing Services.
The caseworker must staff for legal intervention when, regardless of the risk level, there is an unresolved danger indicator making the final safety decision unsafe.
2273 Supervisor Review of Case Actions and Safety Decisions
CPS May 2023
Fifteen Days from Intake
No later than 15 calendar days from the date of the intake, the supervisor reviews case documentation to ensure that the caseworker has done the following:
- Had quality face-to-face contact with all alleged victims (or, if not, is making appropriate efforts to make face-to-face contact). This does not apply to cases approved for administrative closure that do not require contact with alleged victims.
- Added any new allegations, alleged victims, or alleged perpetrators to IMPACT.
- Completed all initial investigation tasks (see 2230 Investigation Tasks), unless the supervisor approves the case for a type of administrative closure that does not involve completing these tasks.
- Completed any required Safety Assessment tools (see 2271 Completing Safety Assessment Tool).
- Taken any action needed to ensure child safety.
Documentation of Supervisor Review
After completing this 15-day review, the supervisor documents the following in IMPACT:
- The completion of the review.
- Any actions necessary to address child safety.
This requirement applies to all cases open on the 15th day from the date of the intake, including cases for which the plan is to abbreviate the investigation or administratively close it.
See 2310 Criteria for Administrative Closure of an Investigation for more information about administratively closed investigations that do not involve contact with alleged victims.
Investigations Open More Than 60 Days from Intake
Texas Family Code Section 261.3018 (b) requires the supervisor to review each investigation that remains open more than 60 calendar days from the date of the intake.
The supervisor does as follows with each of these investigations:
- Administratively closes the investigation if it meets the criteria in 2315 ADMIN – Investigation Is Longer Than 60 Days.
- Follows the procedures in 2291 Submitting an Investigation for Closure if the investigation does not meet the criteria in 2315 ADMIN – Investigation Is Longer Than 60 Days.
2274 Assessment of Ongoing Child Safety
CPS August 2023
The caseworker’s primary responsibility during each investigation is to determine whether the child is safe. The caseworker must assess safety throughout the investigation.
Reviewing Criminal History and DFPS Abuse and Neglect History Background Checks
The caseworker must review and evaluate DFPS abuse and neglect history on all principals and anyone else living in the home where the abuse or neglect is alleged to have occurred, including principals who move into the home during the investigation.
The caseworker must review and evaluate any criminal history for anyone age 14 or older who lives in the home where the abuse or neglect is alleged to have occurred, unless the person is an alleged child victim. This includes anyone who moves into the home during the investigation. See 2230 Investigation Tasks.
The caseworker must review and evaluate any DFPS abuse and neglect history and criminal history results within 24 hours after receiving identifying information necessary to complete the DFPS and criminal history background checks (legal name, date of birth, and ethnicity).
When the caseworker reassesses safety, the caseworker must identify any changes in the composition of the home where the abuse or neglect is alleged to have occurred and determine whether additional principals living in or frequenting the home require criminal history and DFPS abuse and neglect history background checks.
The caseworker determines whether frequent visitors to the home, where the abuse or neglect is alleged to have occurred, who do not provide care to the child need a criminal history and DFPS abuse and neglect history background check to make sure the child is safe. The caseworker must consult with the supervisor when determining whether or not a frequent visitor needs a background check.
The caseworker considers the following factors when determining whether to complete a criminal history and DFPS abuse and neglect history background check on a frequent visitor to the home where the abuse or neglect is alleged to have occurred:
- Frequency of the visitor’s contact with the child.
- Current safety concerns in the case.
- Level of vulnerability of the child.
- Parent’s history of choosing appropriate or inappropriate home members.
- Information from the child about time spent with the frequent visitor.
- Information from collaterals about the frequent visitor.
- Disclosure of criminal history or DFPS abuse and neglect history (if any) by the frequent visitor.
If a background check reveals that a person has a criminal history or DFPS abuse and neglect history, the caseworker must discuss the results with his or her supervisor to identify any actions necessary to make sure the child is safe. The caseworker must document this discussion in IMPACT.
See Definitions of Terms for the definition of home.
See:
1830 People on Whom Criminal Records Checks Can Be Made
2271 Completing Safety Assessment Tool
3200 DFPS Actions When Danger to a Child is Present
Texas Government Code §411.114
2275 Ongoing Contacts
CPS July 2021
The caseworker must make a face-to-face contact with all alleged victim children and any other children as required by policy, at least every 45 days, until the case is submitted for closure (2244.2 Interviewing Other Children in the Home).
Caseworker should follow policy regarding notification to parents after making contact with any children (2244.5 Notifying a Parent that a Child Has Been Interviewed).
A home visit must be completed every 45 days if the case meets policy requiring a home visit. (2250 Home Visits)
If a child is not able to be located for the 45-day contact, the caseworker notifies his or her supervisor to discuss a plan for making contact with the child as soon as possible.
The caseworker continuously addresses any danger indicators throughout the life of the case and must immediately consult with his or her supervisor if child safety concerns arise.
2276 Referral to Services
CPS May 2023
The caseworker refers a family to community resources or services whenever the caseworker determines that such resources or services will do any of the following:
- Reduce danger to a child.
- Reduce risk of abuse or neglect to a child
- Support actions to protect a child.
When DFPS pays for a service for the child or family, the caseworker documents how the service is related to investigating the allegations or keeping the child safe. This documentation goes in the Comments field on Form 2054 Service Authorization.
2280 Disposition
2281 Reaching Dispositions for the Allegations
CPS September 2019
The caseworker assigns a disposition to each allegation after gathering enough information. Sections 2281.1-2281.5, below, describe the dispositions.
Disposition Guidelines
Child Protective Investigations (CPI) provides disposition guidelines for the following subjects:
Disposition Guidelines for Domestic Violence Resource Guide
CPI Disposition Guidelines for Firearm Deaths
Forced or Coerced Marriage Resource Guide
CPI Disposition Guidelines for Children Dying while left Unattended in a Vehicle
CPI Disposition Guidelines for Deaths Involving Co-Sleeping
CPI Disposition Guidelines for Drowning Deaths
CPI Disposition Guidelines for Suicide Deaths
Child Fatality Protocol Handbook
Appendix 2472.1-A Determining Overall Disposition and Overall Role provides information about the following:
• The way that the dispositions of individual allegations determine the overall disposition of the investigation.
• The final investigation roles for people whose initial roles were alleged victim or alleged perpetrator.
Dispositions for Certain Types of Cases
Bed-Sharing Cases
Bed-sharing without any other issues is not abuse or neglect.
See CPI Disposition Guidelines for Deaths Involving Co-Sleeping.
Forced or Coerced Marriage Abuse (FMAB) Cases
CPI is required by law to investigate allegations of forced or coerced marriage abuse (FMAB). However, the IMPACT case management system has not been updated to include the FMAB allegation type.
If there are allegations that a child is being forced or coerced to get married or to marry a specific person against his or her will, it is likely that the behavior of the parents, other family members, or other caregivers meets the definition of other types of abuse or neglect. These other allegation types are available in IMPACT.
In order to make a Reason to Believe finding under one of the other types of abuse or neglect, the elements of that allegation type must be present in the case.
The default allegation for an FMAB case in which no other factors are present is Neglectful Supervision.
If the caseworker makes a Reason to Believe finding for one of the other types of abuse or neglect, the caseworker also makes a Reason to Believe finding for Neglectful Supervision.
If the caseworker determines that the child is being forced or coerced into a marriage, the caseworker documents the reasons why the case meets the definition of FMAB. This documentation goes in the Narrative and in the Allegation Detail section of the allegation that the caseworker is using.
A caseworker who is investigating an allegation of FMAB contacts the program specialist for investigations and alternative response at CPI state office. The purpose of this contact is to report the case for tracking purposes.
See Disposition Guidelines in the Forced or Coerced Marriage Abuse Resource Guide for more guidance on conducting this type of investigation.
2281.1 Administrative Closure
CPS September 2019
The caseworker may assign the Administrative Closure disposition to an individual allegation or to all allegations in an investigation.
Individual Allegation
The caseworker assigns the Administrative Closure disposition to an individual allegation when the investigation reveals that there are no grounds for CPI intervention to continue for that allegation.
Examples of this situation include the following:
• A person was included in the intake mistakenly.
• A child under age 10 was named as an alleged perpetrator.
• CPI does not have the authority to investigate the individual allegation.
All Allegations
The caseworker assigns the Administrative Closure disposition to all the allegations when both of the following apply:
• CPI gathers new information, or information in addition to that in the intake.
• This information reveals that there are no grounds for CPI intervention to continue.
In this situation, the caseworker follows the procedures in 2310 Criteria for Administrative Closure of an Investigation.
DFPS Rules, 40 TAC §700.507(c)
2281.2 Reason to Believe
CPS September 2019
The caseworker assigns the Reason to Believe disposition to an allegation if, based on the preponderance of evidence gathered during the investigation, the caseworker concludes that both of the following are true:
• The alleged abuse or neglect occurred.
• The alleged perpetrator is responsible for it.
DFPS Rules, 40 TAC §700.511(b)(1)
DFPS Rules, 40 TAC §700.512(b)(2)
If the caseworker concludes that the alleged abuse or neglect occurred but there is not a preponderance of evidence to conclude who is responsible, the caseworker does as follows:
• Assigns the Unable to Determine disposition. See 2281.5 Unable to Determine.
DFPS Rules, 40 TAC §700.512(b)(4)
• Enters a new allegation of abuse or neglect with the disposition of Reason to Believe.
• Does not name a perpetrator in the new allegation.
Near Fatal or Fatal Severity
If the caseworker assigns the Reason to Believe disposition to an allegation, the caseworker uses the information below to determine whether the severity type Near Fatal or Fatal applies. In some situations, neither Near Fatal nor Fatal applies.
Near Fatal Severity
The caseworker chooses the severity type Near Fatal if both of the following apply:
• A physician states that a child is in critical or serious condition.
• The caseworker determines that abuse or neglect caused the child’s condition.
Near Fatal abuse or neglect is abuse or neglect from which the child would likely have died without medical intervention. For the purpose of this subsection, medical intervention is treatment that involves one or more the following:
• Cardiopulmonary resuscitation (CPR), such as chest compressions, rescue breathing, removal of something blocking the airway, or insertion of a tube for breathing.
• Medications to stabilize cardiac (heart) or respiratory (breathing) status, blood pressure, or critical electrolytes.
• Surgery to preserve brain function, to prevent blood loss, or to prevent infection (for example, as the result of abdominal trauma).
A child who has experienced Near Fatal abuse or neglect is typically admitted to an intensive care unit, which includes the following:
• Neonatal intensive care units.
• Pediatric intensive care units.
• Trauma units.
See the Forensic Assessment Center Network (FACN) Resource Guide, Appendix A.
Fatal Severity
The caseworker chooses the severity type Fatal if both of the following apply:
• CPI is investigating a child fatality.
• CPI finds that abuse or neglect caused the child’s death.
2281.3 Ruled Out
CPS September 2019
The caseworker assigns the Ruled Out disposition to an allegation if the information gathered during the investigation supports a reasonable conclusion that one of the following applies:
• The alleged abuse or neglect did not occur.
DFPS Rules, 40 TAC §700.511(b)(2)
• The alleged abuse or neglect occurred, but the alleged perpetrator is not responsible for it. In this situation, the caseworker does one of the following:
• Assigns the Reason to Believe disposition to the allegation for the correct alleged perpetrator.
• Enters a new allegation of abuse or neglect with the disposition of Reason to Believe, and does not name a perpetrator in the new allegation because the perpetrator is unknown. In this situation, the caseworker assigns the Ruled Out disposition to the original allegation.
DFPS Rules, 40 TAC §700.512(b)(6)(A-B)
2281.4 Unable to Complete
CPS September 2019
The caseworker assigns the Unable to Complete (UTC) disposition to an individual allegation, or to all allegations in an investigation, in specific circumstances. The caseworker must not assign the UTC disposition unless the caseworker has made reasonable efforts to locate the principals and gather information from them.
When to Assign the UTC Disposition
The caseworker assigns the UTC disposition for the allegation only if one of the scenarios below applies.
A principal, also called a principal source, is a person closely connected with the case.
Scenario One
The caseworker has made reasonable efforts to locate the principals, but these efforts have been unsuccessful. The caseworker cannot reach a disposition for the allegations.
The caseworker does the following:
• Assigns the UTC disposition to all allegations.
• Chooses the Recommended Action of Close – Fam moved/cannot locate.
• Places the family on the Child Safety Check Alert List (CSCAL).
Scenario Two
The caseworker has located some (or all) principals and may have gathered enough information to reach a disposition for the allegations. However, CPI can no longer locate the family, and one of the following applies:
• The caseworker is not sure whether the child is safe.
• There are immediate, ongoing concerns for child safety that CPI must address.
The caseworker does the following:
• Assigns the UTC disposition to all allegations.
• Chooses the Recommended Action of Close – Fam moved/cannot locate.
• Places the family on the Child Safety Check Alert List (CSCAL).
• Documents in a contact narrative before submitting the case for approval, according to these directions:
• The caseworker does this if he or she could have reached a disposition at the time of closure but chose the UTC disposition because of concerns for child safety.
• The documentation includes the following:
• The disposition that the caseworker would have assigned to each allegation if UTC had not been required.
• The supporting rationale for each of those dispositions.
Scenario Three
The caseworker has located all the principals in the case. The caseworker has made reasonable efforts to contact the principals and gather information from them, but these efforts have been unsuccessful with all the principals, and legal intervention is not possible. The caseworker may have gathered enough information from other sources to reach a disposition for some of the allegations. The caseworker cannot reach a disposition for the remaining allegations.
The caseworker does the following:
• Assigns the UTC disposition to only the allegations that do not have a disposition because of factors in Scenario Three.
• Assigns a disposition other than UTC to each of the other allegations, as appropriate.
• Chooses the Recommended Action of Close – Fam uncooperative.
Scenario Four
The caseworker has located all the principals in the case. The caseworker has interviewed some of the principals and may have gathered enough information to reach a disposition for some of the allegations. The caseworker has made reasonable efforts to contact the remaining principals and gather information from them, but these efforts have been unsuccessful, and legal intervention is not possible. The caseworker cannot reach a disposition for the remaining allegations.
The caseworker does the following:
• Assigns the UTC disposition to only the allegations that do not have a disposition because of factors in Scenario Four.
• Assigns a disposition other than UTC to each of the other allegations, as appropriate.
• Chooses the Recommended Action of Close – Fam uncooperative.
When Not to Assign the UTC Disposition
The caseworker does not assign the UTC disposition if any of the following occur:
• The caseworker has not made reasonable efforts to locate the principals and gather information from them.
• The caseworker cannot gather enough information to determine whether the alleged abuse or neglect occurred, who is responsible for it, or both. However, the reason the caseworker cannot gather enough information is something other than the caseworker being unable to locate a principal or a principal being uncooperative.
• All of the following apply in the case:
• The caseworker has gathered information from principals.
• The caseworker has enough information to determine whether the abuse or neglect occurred and who is responsible for it (for all allegations).
• CPI believes the child is safe at the time of closure, even though CPI can no longer locate the family.
DFPS Rules, 40 TAC §700.511(b)(3)
DFPS Rules, 40 TAC §700.512(b)(5)
When to Change a UTC Disposition Because the Family Is Located
CPI addresses all allegations when all of the following apply:
• The caseworker in the family’s previous case assigned a UTC disposition and chose the Recommended Action of Close – Fam moved/cannot locate.
• CPI or another entity locates the family.
• The family has a new (current) CPI case.
The caseworker in the family’s current case does the following:
• Gathers information and addresses the allegations from the previous case, during the current case.
• Assigns dispositions (other than UTC) to these allegations.
If the family’s previous case fell under Scenario Two, above, the caseworker in the current case does the following:
• Reviews the disposition and supporting rationale for the disposition that the caseworker, in the previous case, provided in the contact narrative.
• Determines whether that disposition still applies to those allegations.
• Assigns a disposition (other than UTC) to the allegations that previously had a UTC disposition. The caseworker does this based on both of the following:
• Information gathered in the previous case.
• Current information that the principals have provided.
See:
3110 Purpose of the Child Safety Check Alert List (CSCAL)
Finding Families Resource Guide
2281.5 Unable to Determine
CPS September 2019
The caseworker assigns the Unable to Determine disposition to an allegation if the allegation does not meet the criteria for Administrative Closure, Reason to Believe, Ruled Out, or Unable to Complete, and one of the following applies:
• There is not enough information to determine whether the alleged abuse or neglect occurred.
• There is enough information to determine that the abuse or neglect occurred, but not enough to determine whether the alleged perpetrator is responsible for it.
DFPS Rules, 40 TAC §700.511(b)(4)
DFPS Rules, 40 TAC §700.512(b)(4)
The caseworker does not assign this disposition unless the caseworker has made reasonable efforts to gather all available information.
2282 Referral to Early Childhood Intervention (ECI)
CPS February 15, 2015
If a case containing a child under age 3 receives a disposition of Reason to Believe but is not being sent for services (Family Preservation or Conservatorship), a caseworker does not need to make a referral, as it will be generated by the system.
In all other cases containing a child under age 3, where services will be provided, the worker must refer to ECI when appropriate.
2290 Submitting Investigations
2291 Submitting an Investigation for Closure
CPS March 2023
The caseworker completes all required tasks and documents the case before submitting it to the supervisor for approval.
2291.1 Abbreviated Ruled Out
CPS March 2023
The caseworker may recommend closing the case as an abbreviated investigation with the disposition of Ruled Out. The Abbreviated Ruled Out recommendation is used only if all the following apply:
- The caseworker submits the investigation to the supervisor for closure within 45 calendar days of the date of the intake.
- The investigation does not include an alleged victim age 5 or younger.
- The investigation does not involve a child fatality.
- No parent or caregiver in the home where the abuse or neglect was alleged was any of the following in a previous CPI case:
- A designated perpetrator in a case with a disposition of Reason to Believe for abuse or neglect.
- An alleged perpetrator in a case with a disposition of Unable to Determine for abuse or neglect.
- During the current investigation, DFPS has not received any new allegations of abuse or neglect involving any alleged victim in the investigation. A new report does not count for this purpose if it involves incidents and allegations that are already under investigation.
- The reporter is not anonymous.
- All allegations are ruled out or administratively closed.
- The caseworker determines that the alleged victim will be safe without further investigation or intervention.
The caseworker must complete the following tasks before submitting the investigation to the supervisor as an Abbreviated Ruled Out:
- Interview and visually examine all alleged victims.
- Complete all initial tasks in 2230 Investigation Tasks.
- Complete the Safety Assessment. (The Risk Assessment is not required.)
- Interview at least one parent of each alleged victim.
- Attempt to notify both parents of each alleged victim, following policy 2244.5 Notifying a Parent That a Child Has Been Interviewed.
- Conduct any required home visit, following policy 2250 Home Visits.
- Document all contacts, case history, case actions, and staffings (meetings) with the supervisor, following policy 2220 Documentation.
DFPS Rules, 40 TAC §707.489(c)
2291.2 Unable to Complete, Family Moved/Cannot Locate
CPS June 2023
If the overall disposition for the investigation is Unable to Complete and the recommended action is Close – Family Moved/Cannot Locate, the caseworker does the following:
- Conducts a preliminary search for the family, following policy 3110 Purpose of the Child Safety Check Alert List (CSCAL).
- Assigns the special investigator as secondary in IMPACT. See 3111.4 Required Actions During the Diligent Search.
- Verifies that the Special Investigations program director has documented that all diligent efforts were completed.
- Submits the case to the supervisor for closure with the recommended action of Close – Family Moved/Cannot Locate.
The supervisor submits the case to the child safety specialist for secondary approval. See 2292.1 Roles of the Child Safety Specialist, Supervisor, and Program Director.
2291.3 All Other Recommended Actions
CPS March 2023
If the caseworker submits an investigation to a supervisor for closure with a recommended action other than Administrative Closure, Abbreviated Ruled Out, or Close – Family Moved/Cannot Locate, the caseworker first completes the following tasks:
- Submits the case to the supervisor for closure within 45 calendar days after the date of the intake, unless an extension was granted (see 2291.5 Extension Request).
- Interviews and visually examines all alleged victims.
- Makes face-to-face contact with all alleged victim children in the home every 45 days or more often.
- Completes the Safety Assessment.
- Completes all initial tasks in 2230 Investigation Tasks.
- Interviews all parents of each alleged victim, except parents whom DFPS has not located.
- Interviews all alleged perpetrators.
- Conducts any required home visit, following policy 2250 Home Visits.
- Gathers any other information or documentation from collaterals necessary to determine case dispositions and ensure child safety.
- Completes the Risk Assessment, unless all allegations have the disposition of Unable to Complete or Abbreviated Ruled Out.
- Documents all contacts, case actions, and staffings (meetings) with the supervisor.
DFPS Rules, 40 TAC §707.489(d)
2291.4 Need for Ongoing Services
CPS March 2023
The caseworker discusses with the supervisor the family’s need for ongoing services during the meeting required in 2291 Submitting an Investigation for Closure if either of the following applies:
- The risk level on the Risk Assessment is High or Very High, and the risk has not been addressed.
- The risk level is Low or Moderate, but the final safety decision is Safe with a Plan or Unsafe because unresolved danger indicators remain in the household.
The caseworker makes a recommendation to the supervisor in either of the above situations. The possible recommendations are as follows:
- Transfer the case to family-based safety services, following policy 2400 Referring a Case from Investigations to Voluntary or Court Ordered Family Based Safety Services (FBSS).
- Remove at least one child from the home, if legal requirements for removing a child are met, and transfer the case to conservatorship. See Texas Family Code Chapter 262.
- Close the Investigation stage without ongoing services if any of the following apply:
- The risk level is High or Very High, but the investigation reflects that the risk has been addressed.
- The family refuses services, and legal intervention is not possible.
- DFPS has made reasonable efforts to locate the child and has been unsuccessful. See 3100 When a Child Who is With His or Her Family Cannot be Located.
2291.5 Extension Request
CPS March 2023
The caseworker requests an extension if he or she is not able to submit the case to the supervisor for closure within 45 calendar days after the date of the intake.
The supervisor decides whether to grant an extension on a case-by-case basis. If the supervisor grants an extension, the supervisor decides the new deadline to submit the case, but the new deadline is no later than 90 days after the date of the intake.
Any extension beyond 90 calendar days after the date of the intake requires the program director’s written approval.
2292 Action on a Submitted Investigation
CPS September 2022
The caseworker submits the investigation to a supervisor once the investigation is complete. The supervisor reviews and either approves or returns the investigation to the caseworker within five business days of submission. If the supervisor approves the investigation, the case is automatically closed in IMPACT.
If the supervisor returns the investigation, the supervisor communicates to the caseworker any case actions needed to resolve the investigation.
If the caseworker is unable to complete any case actions needed to resolve the case within investigation time frames, the caseworker must request a case extension.
If the supervisor has worked the case as primary, completed substantial contacts, or taken actions to address child safety, that supervisor must save and submit the case to a program director for closure.
Any caseworker “acting” as supervisor (such as filling in as temporary supervisor) must not approve a case for closure and instead submits the case to a supervisor or above for closure.
See 2290 Submitting Investigations.
2292.1 Roles of the Child Safety Specialist, Supervisor, and Program Director
CPS September 2022
CSS secondary approval is not required for any of the following:
- If an FPR or FSU stage is open or created at any time during the open investigation.
- The attorney representing DFPS or the judge denied legal intervention (temporary managing conservator, court order to participate in services, or aid to investigate), and the final recommended action is Family Refusal/No Legal Intervention Possible. See 2294 Investigation Recommended Actions at Closure
The supervisor assigns a child safety specialist (CSS) as secondary approver on any investigation that meets established criteria, including any of the following:
- All child fatalities.
- There is a victim younger than 4 years old and any risk assessment score in the current investigation stage is high or very high.
- There is a victim younger than 4 years old and all of the risk assessment scores in the current investigation stage are low or moderate, but the last safety finding for any household was safe with a plan or unsafe.
- The INV stage is being closed with the overall disposition of Unable to Complete (UTC) and the recommended action is Close – Family Moved/Unable to Locate.
- The Alternative Response (AR) stage is being closed with the closure reason of Unable to Locate. See 2622.8 Unable to Locate.
Within five business days of receiving the investigation for secondary approval, the CSS must approve, reject, or determine a three-business-day hold.
Holding the Investigation
The CSS holds the investigation for three business days to allow for corrections. These corrections could include the following:
- Making additional contacts by phone.
- Fixing grammatical errors.
- Clarifying the documentation or disposition.
The CSS e-mails the supervisor and program director to explain the reason for the three-day hold. The CSS includes details about what corrections are needed.
The CSS does not invalidate the case for corrections. The case remains on the CSS To-Do list while the corrections are made.
The caseworker and supervisor must return the case to the CSS within three business days from the CSS notification to make corrections. If the caseworker or supervisor make changes that cause the investigation to invalidate, the supervisor must submit the investigation back to the CSS.
Rejecting the Investigation
The CSS rejects the investigation for only the following reasons:
- A danger indicator is present, and an action needs to be taken.
- The investigation does not reflect sufficient information to determine if a danger indicator is present.
- The investigation does not reflect sufficient information to adequately assess the risk and determine the risk level.
- The risk level is high or very high and the investigation does not reflect how risk has been addressed.
- Policy for a disposition of Unable to Complete or Unable to Locate has not been followed.
See 2291.3 Unable to Complete, Family Moved/Cannot Locate.
If the CSS rejects the investigation, the CSS documents in a contact in IMPACT the case actions that the CSS recommends to ensure that child safety and identified risk have been addressed. The caseworker and supervisor review the CSS’s recommendations, and the caseworker completes case actions to ensure that child safety and identified risk have been addressed. The caseworker then submits the case to the supervisor.
Approving the Investigation
The supervisor reads the investigation to ensure that child safety and identified risk have been addressed before approval and then submits the investigation to the program director for final approval.
The program director reviews the CSS’s recommended case actions and reads the investigation to ensure that child safety and identified risk have been addressed before final approval.
2292.2 Child Safety Specialist Approval Required on Child Fatalities
CPS September 2022
The child safety specialist (CSS) is required to be the final approver on all child fatalities. See 2330 Child Fatality. The CSS does not reject a child fatality investigation that has been submitted for final approval.
2292.3 Requesting Legal Orders
CPS September 2022
A caseworker and supervisor must staff with a program director for approval before seeking any legal intervention (temporary managing conservator, court order to participate in services, or aid to investigate) from an attorney representing DFPS or a judge.
If legal intervention is granted, the caseworker follows the criteria in:
3220 Taking Legal Custody of a Child
5110 Court Orders in Aid of an Investigation
5160 Requesting a Court Order to Participate in Services
5250 Documenting Legal Status and Legal Action
Denial of Legal Intervention
If legal intervention is denied, the caseworker must document the action in IMPACT.
Motion to Participate / Court Order Services, or Aid to Investigate
Under Legal Actions tab the caseworker selects the primary parent or legal caregiver the legal intervention is needed for and clicks continue.
- The caseworker selects from the drop-down Orders during the investigation case.
- Subtype drop down will be, as applicable: To Aid in Investigation or To Participate in Services.
- Outcome drop down will be not granted.
- Outcome date is the date the legal intervention was not granted.
- If applicable: Check the box Document in Case File. The affidavit must be uploaded into OneCase. See Documentation Guidelines 2022
- The caseworker documents a brief statement in the comments of which legal intervention was requested and why the legal intervention was denied.
Temporary Managing Conservatorship
Under Legal Actions tab, the caseworker selects the oldest victim from the list.
- The caseworker selects from the drop-down orders during the investigations or alternative response case.
- Subtype drop-down will be other. Outcome drop down regarding which decision was made regarding the legal intervention request, “not granted or granted.”
- Outcome date is the date legal intervention was not granted.
- If applicable: Check the box Document in Case File. The affidavit must be uploaded into OneCase. See Documentation Guidelines 2022
- In the comments, document the denial of the legal intervention.
See the Hearings and Legal Proceedings Resource Guide
Documentation Denial of Legal Intervention
The caseworker and supervisor staff the legal intervention denial with the program director immediately to determine next steps.
The caseworker or supervisor must document, in a contact narrative in IMPACT, all of the following information that was provided to the attorney representing DFPS or the judge:
- Type of legal intervention requested.
- Any dangers identified.
- Reasonable efforts made to resolve the danger.
- Reason legal intervention was denied by the attorney representing DFPS or the judge.
- Staffing with the program director.
The caseworker must also answer Yes to the question Did you request orders during the investigation? The question is located under the Investigation Conclusion tab found in Case Management.
The caseworker must then complete the investigation and submit to the supervisor within 10 calendar days of the legal intervention denial. See 2294 Investigation Recommended Actions at Closure.
If the investigation is not closed within 14 calendar days of the legal intervention denial, the investigation must be staffed with the CPI program administrator immediately.
2292.4 Reopening a Closed Investigation
CPS October 2023
Before the 60th day from the date the investigation is closed, a case may be reopened, and the findings may be changed only for good cause. Reopening a closed investigation requires approval from the second line supervisor, or above, of the employee who submitted the investigation. An investigation may be reopened for the following reasons:
- Continued investigation is required to determine abuse or neglect, safety, or risk to a child.
- Continued investigation to determine if services need to be offered to address a child safety concern.
- Continued investigation as evidence gathered from a professional becomes available and supports further investigation, and there is a change in disposition or a decision regarding child safety.
Required disposition letters must be regenerated and sent for any changed dispositions.
Form 2230 Notification of Changes Made to an Investigation Report must be sent for any changes to a closed investigation. See 2292.5 Required Notification When Changes Are Made to a Closed Investigation.
After 60 days from the date the investigation is closed, DFPS may not reopen an investigation to find that abuse or neglect occurred or to change a finding that abuse or neglect occurred.
2292.5 Required Notification When Changes Are Made to a Closed Investigation
CPS October 2023
DFPS must notify the following parties of any edits or corrections, other than edits or corrections to remedy spelling or grammatical errors, that CPS makes to a closed investigation report:
- The child’s parent or legal guardian.
- The attorney for the child’s parent, if represented by an attorney.
- An attorney ad litem for the child.
- A guardian ad litem for the child, including a volunteer advocate.
- Any other person the court determines has an interest in the child’s welfare.
DFPS does the following with a copy of Form 2230 Notification of Changes Made to an Investigation Report:
- Uploads the copy to OneCase.
- Mails or emails a copy to each applicable party.
2293 Notifying Clients of Investigation Findings
CPS September 2019
The caseworker provides written notification of findings within the following time frames (unless one of the exceptions below applies):
• Within 24 hours of an administrative closure.
• Within 15 calendar days of all other types of investigation closure.
In any closure, the caseworker provides written notification of findings to each of the following people (except as stated in 2293.1 Exceptions to Notifying Clients of Investigation Findings):
• Parent (or other person with primary or legal responsibility) for each alleged victim or alleged perpetrator who is a minor.
• Alleged perpetrator. For an alleged perpetrator who is a minor, the caseworker may send the notification to the minor’s parent or other person with primary or legal responsibility for the minor.
• Reporter, if CPI knows this person’s identity and address.
2293.1 Exceptions to Notifying Clients of Investigation Findings
CPS September 2019
When Not to Notify Clients of Findings
The caseworker is not required to notify a person of findings if the caseworker could not reasonably locate that person during the investigation.
DFPS Rules, 40 TAC §700.513(d)(1)
The caseworker does not notify a person of findings if either of the following apply:
• The investigation is being administratively closed because CPI is referring it for investigation to another authorized entity, such as law enforcement or another state agency.
DFPS Rules, 40 TAC §700.513(d)(4)
• The caseworker determines that notifying that person is likely to endanger any child in the home, a reporter, or anyone else who participated in the investigation.
DFPS Rules, 40 TAC §700.513(d)(2)
When to Delay Notification of Findings
The caseworker delays notification of findings if law enforcement requests the delay to avoid interfering with an ongoing criminal investigation. The caseworker notifies people of findings once law enforcement tells DFPS that it no longer needs the delay.
DFPS Rules, 40 TAC §700.513(d)(3)
2294 Investigation Recommended Actions at Closure
CPS November 2022
Recommended actions used when the risk assessment is completed, and the disposition is Ruled Out, Reason to Believe, or Unable to Determine.
| Recommended Action Code |
Rationale |
|---|---|
Close |
|
Family Preservation |
If the investigation meets 2400 Referring a Case from Investigations to Voluntary or Court Ordered Family-Based Safety Services (FBSS) guidelines for referral to Family-Based Safety Services, then the following were completed:
|
Contracted Family Preservation |
Never use this code. |
Removal/Subcare |
A child or children are removed from their custodial parent or legal guardian, and the court grants DFPS custody of the child or children. |
Family Refusal/No Legal Intervention Possible |
One or more of the following types of legal intervention was denied by an attorney representing DFPS or a judge:
|
Recommended actions used when risk assessment is incomplete, and disposition is Unable to Complete.
| Recommended Action Code |
Rationale |
|---|---|
Close Family Uncooperative |
The investigation cannot be completed, and safety cannot be assessed, as the parent or legal guardian is unwilling to cooperate with the investigation, and legal intervention (Order to Aid an Investigation) was denied by an attorney representing the DFPS or by the judge. |
Close-Family Moved |
|
Recommended actions used when risk assessment is incomplete, and disposition is Ruled Out, Reason to Believe, or Unable to Determine.
| Recommended Action Code |
Rationale |
|---|---|
Kinship Only |
DFPS has either temporary managing conservatorship (TMC) or permanent managing conservatorship (PMC) of a child that is placed with a kinship or fictive caregiver, and the alleged abuse to the child occurred in the kinship or fictive caregiver’s home. |
Baby Moses |
|
Only Child Died |
Child fatality and the family has no other children in their custody or legal guardianship. |
School Investigation |
|
2300 Special Circumstances for Investigations
2310 Criteria for Administrative Closure of an Investigation
CPS March 2023
The subitems of this section define the various types of administrative closure (ADMIN) of an investigation.
The caseworker may submit the investigation to the supervisor for closure with a recommended action of Administrative Closure if the caseworker determines that the investigation is not warranted because of additional information gathered.
Approval from both the supervisor and the program director is required for all administrative closures of cases.
When submitting a case for administrative closure, the following requirements apply:
- The caseworker documents all contacts, case history, case actions, and staffings (meetings) with the supervisor, following policy 2220 Documentation.
- The caseworker staffs (meets to discuss) the case with the supervisor for administrative closure.
- If the supervisor approves, the supervisor documents the approval in a contact narrative in IMPACT and asks the program director (in writing or verbally) to review the case.
- The program director reads the case and approves or rejects the case in IMPACT as the secondary approver.
The subitems of this section define the various types of administrative closures of investigations.
2311 ADMIN – Anonymous Report
CPS March 2023
The caseworker may submit the investigation to the supervisor for administrative closure at any point when the reporter is anonymous, and information gathered allows the caseworker to determine that there is no evidence to support the allegations.
In this situation, the caseworker must do the following:
- Interview and visually examine all alleged victims.
- Complete all initial tasks in 2230 Investigation Tasks.
- Complete the Safety Assessment. (The Risk Assessment is not required.)
- Interview at least one parent of each alleged victim.
- Attempt to notify both parents of each alleged victim, following policy 2244.5 Notifying a Parent That a Child Has Been Interviewed.
- Conduct any required home visit, following policy 2250 Home Visits.
- Gather information and determines that there is no evidence to support the allegations.
- Make sure a parent is willing and able to protect each alleged victim from future danger.
DFPS Rules, 40 TAC §707.489(b)(1)(D)
2312 ADMIN – Refute the Allegations
CPS March 2023
The caseworker may submit the investigation to the supervisor for administrative closure if all the allegations are refuted. For this type of administrative closure, the caseworker must submit the investigation no later than 15 days after the date of the intake.
All of the following criteria must apply for this type of administrative closure:
- No parent or caregiver in the home where the abuse or neglect was alleged was any of the following in a previous CPI case:
- A designated perpetrator in a case with a disposition of Reason to Believe for abuse or neglect.
- An alleged perpetrator in a case with a disposition of Unable to Determine for abuse or neglect.
- During the current investigation, DFPS has not received any new allegations of abuse or neglect involving any alleged victim in the investigation. A new report does not count for this purpose if it involves incidents and allegations that are already under investigation.
- The caseworker has not contacted any alleged victim or alleged perpetrator.
- The caseworker determines that no abuse or neglect occurred.
- The caseworker has contacted a professional or another credible source who has provided information about the allegations and the current safety of the alleged victim. This source may be the reporter if the person provides new information that is not in the report about the allegations and current safety of the alleged victim.
DFPS Rules, 40 TAC §707.489(b)(1)(B)
Texas Family Code §261.3018(e) defines “professional” as a person who meets both of the following criteria:
- Is licensed or certified by the state, or is an employee of a facility that is licensed, certified, or operated by the state.
- Has direct contact with children in the normal course of the person’s job duties.
2313 ADMIN – Lacks Authority
CPS March 2023
The caseworker may submit the investigation to the supervisor for administrative closure if CPI lacks authority to investigate. For this type of administrative closure, the caseworker must submit the investigation no later than seven calendar days after determining that this reason applies.
One of the following criteria must apply for this type of administrative closure:
- CPI does not have jurisdiction to investigate because another authorized entity, such as law enforcement, another state agency, or another DFPS program, has jurisdiction to investigate. See 2293.1 Exceptions to Notifying Clients of Investigation Findings.
- There is evidence to support that the alleged victim was not a child at the time of the alleged abuse or neglect or was not born alive.
- The abuse or neglect, danger, or risk of abuse or neglect is not occurring in Texas and did not occur in Texas. See 2372 Out-of-State Abuse or Neglect Incidents.
- The alleged perpetrator is younger than age 10.
DFPS Rules, 40 TAC §707.489(b)(1)(C)
DFPS Rules, 40 TAC §707.497(a)(1)
2314 ADMIN – Already Investigated
CPS March 2023
The caseworker may submit the investigation to the supervisor for administrative closure if all the allegations have already been investigated. For this type of administrative closure, the caseworker must submit the investigation no later than seven calendar days after determining that this reason applies.
Both of the following criteria must apply for this type of administrative closure:
- CPI has already investigated or addressed the same incidents and the same allegations in a previous case that was closed.
- There are no new incidents or new allegations in the current case.
DFPS Rules, 40 TAC §707.489(b)(1)(a)
In this situation, the caseworker must do the following:
- Document the case number of the closed case (in a contact in the current case) and explain how the information in the new report was addressed in the previous closed investigation.
- Merge the current case with the closed case.
Note: If the investigation is a new Priority 1 investigation received during an open Alternative Response case, see 2655.4 Close – ADMIN – Already Investigated.
2315 ADMIN – Investigation Is Longer Than 60 Days
CPS March 2023
The caseworker must submit the investigation to the supervisor for administrative closure if both of the following apply:
- The case has been open for more than 60 days after the date of the intake.
- All the criteria for administrative closure (listed below) apply.
All of the following criteria must apply for this type of administrative closure:
- No parent or caregiver in the home where the abuse or neglect was alleged was any of the following in a previous CPI case:
- A designated perpetrator in a case with a disposition of Reason to Believe for abuse or neglect.
- An alleged perpetrator in a case with a disposition of Unable to Determine for abuse or neglect.
- During the current investigation, DFPS has not received any new allegations of abuse or neglect involving any alleged victim in the investigation. A new report does not count for this purpose if it involves incidents and allegations that are already under investigation.
- The supervisor determines, after contacting a professional or another credible source, that the alleged victim will be safe without further investigation or intervention.
- The caseworker determines that no abuse or neglect occurred.
- The caseworker determines that closing the case would not put the alleged victim at undue risk of harm.
- The caseworker has made face-to-face contact with all alleged victim children in the home every 45 days or more often.
In this situation, the caseworker must do the following:
- Interview and visually examine all alleged victims.
- Determine that the final safety decision from the Safety Assessment is Safe.
- Determine that the risk score from the Risk Assessment is Low or Moderate.
DFPS Rules, 40 TAC §707.489(2)
2320 School Investigations
2321 Criteria for a School Investigation
CPS September 2021
DFPS’s special investigators conduct investigations of school personnel alleged to have committed abuse or neglect of a student. To qualify as a school investigation, all of the following criteria must be met:
- The alleged perpetrator must be a person who meets the definition of school personnel or volunteer at the child's school per the jurisdiction of the Texas Education Agency (TEA).
- The alleged victim must be a child or must have been a child at the time that the alleged abuse or neglect occurred.
- The alleged abuse or neglect must have happened in a school setting and there must be a likelihood that enough evidence can be collected to establish whether abuse or neglect occurred.
- The same allegations involving the school setting must not have already been investigated by DFPS.
The case may be administratively closed if at any point in the investigation it becomes apparent that the allegations in the report do not meet one or more of the criteria for a school investigation.
The reported incident is accepted for investigation if the above criteria are met, even if the alleged victim reached age 18 before the report was made. This is due to concerns about the alleged perpetrator's possible continued access to children in a school setting and the potential for other children to be abused or neglected.
In a school investigation, the following are not considered to be abuse or neglect within a school setting:
- Use of restraints or seclusion that does not meet the statutory definitions of child abuse or neglect.
- Actions that school personnel or volunteers at the child's school reasonably believe to be immediately necessary to avoid imminent harm to self or other people, if the actions are limited only to those actions reasonably believed to be necessary under the existing circumstances. The actions do not include acts of unnecessary force or the inappropriate use of restraints or seclusion, such as use of restraints or seclusion as a substitute for lack of staff.
- Actions by a peace officer in the performance of official law enforcement duties as described in Texas Penal Code Chapter 9, unless the actions otherwise meet the definitions of abuse or neglect.
- Reasonable physical discipline that is all of the following:
- Appropriate for the child's age and development.
- Appropriate for the reason for which the discipline is being administered.
- Does not result in physical injuries substantially harmful to the child or contain genuine threats of substantial physical injury to the child.
2322 Actions Required before Starting a School Investigation
CPS September 2021
Before starting a school investigation, the special investigator must:
- Verbally notify the school's principal (or the principal's supervisor if the principal is an alleged perpetrator) of the report, the nature of the allegations, and the date and time the special investigator will arrive to begin the investigation. The special investigator must request that the principal not inform the alleged perpetrator before the special investigator interviews him or her.
- Verbally notify the superintendent of the school district (or the president of the school board, if the superintendent is an alleged perpetrator) of the investigation.
- If the alleged perpetrator is an employee of a charter school, the special investigator must verbally notify the director of the charter school (or head of the local governing body, if the director is an alleged perpetrator).
- If the alleged perpetrator is an employee of a private school, the special investigator must verbally notify the chief executive officer of the private school (or head of the local governing body, if the chief executive officer is an alleged perpetrator) of the investigation.
- The special investigator must request that the school personnel not inform the alleged perpetrator before the special investigator interviews him or her.
- Notify law enforcement of the report and request a joint investigation.
- Conduct abuse and neglect background checks on the alleged perpetrator and alleged victim, and a criminal history check on the alleged perpetrator.
- The special investigator cannot screen or close out the report (Priority None) when a child identified as an alleged victim is a child in DFPS conservatorship. The special investigator must ensure the case is fully investigated and proper notifications are made.
See:
2156.1 Closing Reports Priority None (PN) That Involve Children in Care
DFPS Rules, 40 TAC §707.617(b)
2323 Actions Required during a School Investigation
CPS October 2023
In a school investigation, the special investigator is assigned as the primary investigator and must complete the following tasks:
- Get a full statement from the reporter.
- Interview each alleged victim.
- Conduct a visual examination of the child. See 2245 Visual Examinations and 2245.2 Consent for Visual Examination of a Child at School.
- Interview any child or adult witnesses or collaterals who may have information. See 2244.32 Consent to Interview a Child at School.
- Make reasonable efforts to locate and notify both parents of each child interviewed. See 2244.5 Notifying a Parent that a Child Has Been Interviewed.
- Gather any physical evidence relevant to the investigation, such as school records and photographs.
Texas Government Code §552.114(c)(3)
At the first contact with an alleged perpetrator, the special investigator must do the following:
- Identify him- or herself.
- Explain the role and responsibilities of CPI.
- Explain the reason for contact.
Prior to beginning an interview with an alleged perpetrator, the special investigator does the following:
- Provides the alleged perpetrator two copies of Form 3010 Notification of Rights to sign.
- Verbally goes over the form and obtains a signature from the alleged perpetrator.
After the alleged perpetrator signs both copies of the form, the special investigator must leave one copy with the alleged perpetrator and upload the second copy into OneCase. If the alleged perpetrator refuses to sign the form copy, the special investigator must mark the box on the form that reflects the alleged perpetrator’s refusal to sign and document the refusal in IMPACT.
Whenever possible, the special investigator must conduct interviews face-to-face and in private.
After the interview, the special investigator may request the following assessments to further assist the investigation:
- Requests that a parent of the alleged victim get a medical, psychological, or psychiatric examination of the child and provide the records to the special investigator.
- Requests that an alleged perpetrator submit to a medical, psychological, or psychiatric examination and provide the records to the special investigator.
The special investigator completes the investigation within 30 calendar days, unless the supervisor grants an extension.
DFPS Rules, 40 TAC §707.617(c)
The special investigations program director must close or return the case to the special investigator within 10 calendar days of submission.
2324 Schools Not Under the Jurisdiction of the Texas Education Agency (TEA)
CPS September 2021
If the school is not under TEA jurisdiction, the special investigator must obtain separate consent from appropriate school personnel, as determined by the child's school, to:
- Enter school grounds beyond the main office.
- Interview the child.
- Conduct a visual examination of the child.
See:
2244.32 Consent to Interview a Child at School
2245.22 Visual Examinations of a Child at a School Not Under TEA Jurisdiction
If school personnel deny consent for any of the above actions, or a parent has refused consent for any of the above actions during the current investigation, the special investigator must do one of the following:
- Obtain a court order before performing that action.
- Remove the child if exigent circumstances exist.
See 5412 Conducting an Emergency Removal before Obtaining a Court Order.
If the special investigator does not know whether the school is under TEA jurisdiction, the special investigator must check TEA's website before visiting the school.
2325 Danger to a Child during a School Investigation
CPS September 2021
If, in consultation with regional management, the special investigator determines there is an immediate danger of harm to a child, the special investigator must contact the following, as appropriate, to inform them of the danger to a child and pending investigation:
- The principal.
- Director of a public or charter school.
- Chief executive officer of a private school.
- Superintendent.
2326 Completion and Closure of a School Investigation
CPS September 2021
Although the special investigator does not complete a safety or risk assessment in a school investigation, all other investigation actions must be followed, including sending notification of findings letters. Notification letter requirements for school investigations are the same as for a standard investigation.
The special investigations program director must approve final case closure.
2327 Release of the School Investigation Report
CPS September 2021
DFPS Records Management Group (RMG) provides a redacted copy of the completed investigation report to the Texas Education Agency for an investigation concerning:
- An employee of a public or charter school.
- The school’s chief executive officer for an investigation concerning an employee of a private school, unless the chief executive officer is the alleged perpetrator.
If requested, DFPS also provides a copy to the following:
- State Board for Educator Certification.
- President of the local school board or local governing body for the school.
- Superintendent of the school district.
- School principal, unless the principal is the alleged perpetrator.
RMG is responsible for redacting the school investigation report and releasing it to the school personnel listed above. The redaction and release process is initiated automatically, and no additional actions are needed by program staff.
See:
3372 Dissemination of Redacted CPS School Investigative Case Records
If the alleged or designated perpetrator is school personnel and this person submits a general request for records, DFPS provides the person a redacted copy of the investigation report.
DFPS Rules, 40 TAC §700.203(c)
2330 Child Fatality
2331 When a Child Dies
CPS October 2020
When a child dies, and the death is suspected to be related to abuse or neglect, CPI conducts an investigation. Any time a CPI regional director becomes aware of a child death that could be related to abuse or neglect and has not been reported, he or she must ensure that a report is made to SWI. The CPI Investigation program administrators assume this responsibility if a regional director is unavailable. This does not preclude other CPI staff from reporting such an incident to SWI if they are aware of a child’s death and suspect it to be the result of abuse or neglect. In addition to the policies that apply to all investigations, 2330 Child Fatality documents policies that apply specifically to child fatality investigations.
See:
2156.2 Closing Reports Priority None (PN) That Involve a Child Fatality
6490 If a Child Dies While in Substitute Care
See the Child Fatality Protocol Handbook for more information, including specific requirements for investigating a child fatality.
2332 Sending Notifications When a Child Dies
CPS February 15, 2015
Notifying the Medical Examiner or Justice of the Peace When a Child Dies
The investigation caseworker reports the death of a child younger than 6 years old to the medical examiner of the county in which the death occurred.
The death must be reported to the medical examiner whether or not the death was alleged to be the result of abuse or neglect.
Exceptions
The caseworker is not required to report the death of a child to the medical examiner in the county where the death occurred, if:
• the death is a result of a motor vehicle accident, unless abuse or neglect is suspected (for example, if the parent or legal caregiver was under the influence of alcohol or drugs);
• the county does not have a medical examiner, or the death is outside the medical examiner’s district, in which case the caseworker reports the death to a justice of the peace in the county where the death occurred; or
• the death is already being investigated by the medical examiner when the caseworker initiates the investigation.
Texas Family Code §264.513
2333 Releasing Information About an Investigation Into the Death of a Child
CPS February 15, 2015
Information Required to be Released Before the Investigation Is Complete
Time Frame for Releasing Information If the Death Resulted From Abuse or Neglect
Information Released If the Death Resulted From Abuse or Neglect
Description of Services Provided
Report on the Duration of Conservatorship
Legal Review of Information to be Released
When CPS is investigating a death alleged to be the result of abuse or neglect, the public may request information concerning the child’s death.
Designated staff in each region respond to the requests, as required by statute and rule.
Texas Family Code §261.203
DFPS Rules, 40 TAC Chapter 702, Subchapter D
Information Required to be Released Before the Investigation Is Complete
No later than the fifth day following the receipt of a request for information regarding the death of the child, the designated CPS staff person:
• generates IMPACT Form 2059a Child Fatality Report – Release of Information to the Public; and
• sends the form to the requestor.
The information provided on Form 2059a includes:
• the person identification number;
• the age and sex of the deceased child;
• the date of the child’s death;
• whether the deceased child was in DFPS conservatorship at the time of the child’s death;
• whether, at the time of death, the child was living with:
• the child’s parent, managing conservator, a legal guardian, or other person entitled to possession of the child,
• an agency foster home, agency foster group home, independent foster home, independent foster group home, or general residential operation, or
• another living arrangement.
Time Frame for Releasing Information If the Death Resulted From Abuse or Neglect
If the child’s death is determined to be the result of abuse or neglect, and if information is requested about the case, the designated CPS staff person must provide the information described below in Information Released If the Death Resulted From Abuse or Neglect.
The requested information must be released within 10 days of either the date that the investigation is completed or the date that details about the child’s death are requested, whichever occurs later.
Information Released If the Death Resulted From Abuse or Neglect
The designated CPS staff person must provide a summary report for each investigation in which the deceased child was an alleged victim or was a child living in the same home as another alleged victim. This summary includes:
• the deceased child’s name;
• the date that the investigation began;
• a brief description of the nature of the allegations of abuse or neglect, the disposition of those allegations, and a description of the role of the subjects for each allegation, using descriptors such as deceased child, sibling, parent, alleged perpetrator, step-parent, paramour, and so on; and
• any risk or safety factors noted in the risk or safety assessment and actions taken by CPS to mitigate the risks, including any actions CPS has taken to mitigate the risk of harm to any other children in the home following the child’s death.
Description of Services Provided
The designated CPS staff person must provide a brief description of any services provided to the child and the child’s family.
Report on the Duration of Conservatorship
The designated CPS staff person must provide information on the length of time that the child was in DFPS conservatorship and the date that the child was returned to the home, if one or more children were previously removed from the home.
Legal Review of Information to be Released
The designated CPS staff person compiles the information described in Information Released If the Death Resulted From Abuse or Neglect.
After reviewing the information, the designated CPS staff person sends it to the Open Government attorney for review and redaction.
After the Open Government attorney approves the information for release, the attorney sends a copy of the form to the attorney ad litem, if one is appointed.
See 2059 Procedures Manual on the DFPS intranet.
2340 OAG Address Confidentiality
CPS September 2023
A case involving a participant in the Office of Attorney General (OAG) Texas Address Confidentiality Program is a sensitive case. The caseworker must not disclose the participant’s physical address to any other person or entity, including other DFPS programs. The OAG-issued post office box address must be the participant’s recorded address in DFPS records. Any written communication from DFPS, including legal communication, must be sent to that address, not the participant’s physical address. The caseworker must request the physical address only to investigate abuse or neglect. The caseworker requests the address through the OAG’s public information coordinator or Crime Victims’ Services division.
Texas Code of Criminal Procedure §58.052
2350 Abandoned or Missing Child
2351 Baby Moses
CPS February 15, 2015
Claims of Parenthood or Kinship
Actions Required of Caseworkers
Texas Family Code §§262.301-303; 262.308-309; 263.407
An abandoned child meets criteria for a Baby Moses case when the child:
• is known to be or appears to be 60 days old or younger;
• has not been harmed;
• has been voluntarily delivered to a Designated Emergency Infant Care Provider (DEIC) Provider; and
• has been delivered by a person (presumed to be a parent) who does not express intent to return for the infant.
If any of the above are not met, the situation does not meet the requirements for a Baby Moses case. The caseworker must conduct a standard investigation accordingly.
For Baby Moses cases, DFPS presumes that the person who delivers an infant to a DEIC provider:
• is the infant’s biological parent;
• intends to relinquish parental rights and consents to termination of parental rights for the infant; and
• intends to waive the right to notice of the suit terminating the parent-child relationship.
Texas Family Code §263.407(a)
The caseworker must not attempt to identify or locate the parent of an infant left under the Baby Moses law, unless a court order requires it. This is to protect the confidentiality of the parent. This includes not listing any identifying information about known parents in the legal affidavit.
Similarly, the caseworker does not conduct a search for the relatives of the infant, as this would violate the confidentiality protection provided to the parent.
Texas Family Code §262.308-309
When the caseworker files a petition for a Baby Moses case, the caseworker must request a closed hearing.
Any pleading or other document filed with the court is confidential, is not a public record, and must not be released other than to a party in a suit affecting the child, the party’s attorney, an attorney ad litem, or guardian ad litem.
All identifying information about a person who delivers the infant to the DEIC provider is confidential and must not be released other than to a party in a suit affecting the child, the party’s attorney, an attorney ad litem, or guardian ad litem.
Texas Family Code §262.308
Claims of Parenthood or Kinship
If DFPS knows the presumed father, or the father files an acknowledgment of paternity, the caseworker must contact the parent to determine his intent to parent the child. The caseworker must then staff with the supervisor and attorneys representing DFPS to determine whether the case can continue as a Baby Moses case.
If a parent comes forward before the final order terminating parental rights, the caseworker must inform the court.
Texas Family Code §263.407(b)
If a person claiming to be a relative of the child comes forward before the final order terminating parental rights, the caseworker must not share any details of the case outside of the case number of the legal case, and inform the person that it is his or her responsibility to intervene with the court.
Upon verifying that the case meets criteria for Baby Moses, the caseworker must inform hospital staff of the intention to name the infant within five calendar days. This ensures the hospital can file the infant’s birth certificate with the infant’s name on it. Either CPS staff or the infant’s first foster parents can name the infant (first, middle, and last names).
The caseworker must submit a Ruled Out disposition for all allegations in a Baby Moses case.
Actions Required of Caseworker
As in all cases, the safety of the child in a Baby Moses case is paramount. Once the child is determined to be safe, the caseworker must do the following:
• Determine the facts surrounding the delivery of the infant to the facility, to ensure the delivery complies with the Baby Moses criteria.
• Determine the specific location where the infant was found. If the location is outside the designated emergency infant care (DEIC) provider or in an out of the way location, take a photograph of the location.
• Determine whether the biological parents’ names are known.
• Ensure that the parents’ names are not listed on the Intake. If they are, contact the State Office Baby Moses Specialist for further instruction before progressing to an Investigation stage.
• Collect any available description of the person who left the baby, and any written or verbal information the person left.
• Assess the health, age, and general well-being of the infant. This information may be necessary to determine whether the case should be handled as a Baby Moses case.
• Interview any persons at the DEIC provider who have information about the infant, and get any form for voluntary disclosure of medical facts and history that was offered to and completed by the parent.
• Notify the state office program specialist responsible for Baby Moses cases within 24 hours of identifying a Baby Moses investigation (excluding weekends and holidays). The state office program specialist consults with a state office attorney to verify the case meets criteria to be handled as a Baby Moses investigation.
• Notify state and local law enforcement that an infant has been abandoned under the Baby Moses law, as soon as the determination is made.
• Ask that law enforcement complete local and state law enforcement checks as well as National Crime Information Center (NCIC) checks to ensure that the abandoned infant has not been previously reported as a missing child. If local law enforcement cannot check NCIC, contact the Department of Public Safety (DPS) to request that DPS run the NCIC check.
• Search the paternity registry no earlier than the 30th day after the infant’s estimated date of birth, but as soon as possible after that date.
Texas Family Code §263.407(c)
2352 When a Child is Abandoned at a DADS Facility
CPS February 15, 2015
If CPS receives an Intake regarding a child abandoned at a Texas Department of Aging and Disability Services (DADS) facility, CPS routes it to a screener supervisor who attempts to locate the parent. If this is unsuccessful, the intake becomes an Investigation and the caseworker must:
• locate a parent to care for the child; or
• petition for conservatorship if unable to locate a parent; or
• petition for conservatorship if conservatorship is required for the safety of the child.
Texas Government Code §531.165(b)
2353 Taking Possession of a Missing Child
CPS February 15, 2015
If a law enforcement officer discovers a missing child during the course of a criminal investigation, the officer may deliver the child to DFPS if:
• a person entitled to possession of the child is not immediately available; or
• the officer believes that the person may flee or conceal the child.
DFPS may retain possession of the child for up to five calendar days. If the person presently entitled to possession of the child does not take possession of the child within five calendar days, the caseworker must file a lawsuit as if it had conducted an emergency removal before getting a court order.
Texas Family Code §262.007
2354 Providing Assistance to TJJD about Non-CPS Youth
CPS November 2022
In certain circumstances, when a youth not in the legal custody of DFPS (a non-CPS youth) is ready for release from the Texas Juvenile Justice Department (TJJD), TJJD requests DFPS’s assistance in locating relatives, including fictive kin, who TJJD may be able to use as a placement option for the youth. A TJJD liaison contacts DFPS Statewide Intake (SWI) 90 days before the planned release of the youth to request assistance from DFPS. SWI then creates a case-related special request (CRSR) and submits it to the DFPS state office TJJD liaison.
The DFPS state office TJJD liaison does the following:
- Reviews the CRSR initial request to determine if it is appropriate.
- Requests additional information from the TJJD case manager, if necessary, within seven business days of receipt of TJJD’s initial request.
The TJJD case manager must return the completed Form 1909 DFPS Request to TJJD for Additional Information within seven business days. If DFPS believes the request is not appropriate for assistance, the supervisor of the DFPS state office liaison for TJJD discusses the request with the supervisor of the TJJD state office liaison for DFPS.
If DFPS assistance is still needed following the DFPS state office TJJD liaison’s review and the receipt of additional information, if applicable, the DFPS state office TJJD liaison must transfer the CRSR request to Child Protective Investigations (CPI) for further action.
The CPI caseworker must do the following before the youth is discharged from TJJD:
- Contact the regional CPS juvenile justice liaison.
- Work with TJJD to locate parents, relatives, and fictive kin.
If the information gathered by CPI indicates a removal may be necessary, a CPI caseworker consults with all of the following:
- CPI caseworker’s chain of command
- DFPS state office TJJD liaison
- DFPS legal representative
If a removal is imminent, the CPI caseworker closes the CRSR and must request a new intake based on suspected abuse or neglect.
If a removal hearing is to occur, within 72 hours of the hearing, the CPI caseworker notifies the TJJD liaison of the date, time, and location of the hearing.
See the DFPS Juvenile Justice Resource Guide.
2360 Medical Vulnerability
2361 Child Under the Age of 11 With a Sexually Transmitted Disease (STD)
CPS February 15, 2015
Determining Whether Removal is Necessary
If in an investigation there is a child under the age of 11 who has a sexually transmitted disease (STD), regardless of allegations, the caseworker must:
• Ensure that a special investigator (SI) is assigned to assist in the investigation.
• File for a petition for an emergency removal of the child, unless the caseworker determines that an emergency order is not necessary for the safety of the child.
Determining Whether Removal Is Necessary
To determine whether an emergency order to remove the child is necessary for the safety of the child, the caseworker must take the following steps:
• Review all the medical evidence in the case to determine whether the medical evidence supports a finding that abuse likely occurred.
• Interview the child and other people residing in the child’s home, and any other necessary people to gain enough information.
• Staff the case with local law enforcement and conduct a joint investigation whenever possible.
• Determine whether any other child in the home has a sexually transmitted disease and, if so, refer the child for a sexual abuse examination. If the parent does not consent to the examination, the caseworker must seek a court order for this purpose, or the caseworker and supervisor must determine that there are exigent circumstances. In this case, the caseworker removes the child and the examination can be conducted following the removal.
• Ensure that each alleged victim undergoes a forensic interview at a Children’s Advocacy Center (CAC), unless:
• the caseworker determines that the interview would not yield a successful interview because of the child’s age or developmental level; or
• no CAC is available in the county in which the child resides. In this instance, a caseworker or other professional with training in forensic interviews must conduct the interview.
• Consult with a DFPS nurse or other medical expert to discuss the ways in which the STD may have been transmitted and whether it is likely that abuse occurred.
• Contact any additional witness who may have information relevant to the investigation, including other individuals who had access to the child.
Texas Family Code §262.010
If at any point during the investigation the caseworker determines that the STD is the result of abuse, the caseworker must staff with the supervisor and with attorneys representing DFPS to determine if an emergency or non-emergency removal is necessary for the protection of the child.
Texas Family Code §§262.101; 262.102; 262.113
If the caseworker determines that there is a preponderance of evidence that abuse occurred, the caseworker may seek an opinion from the Forensic Assessment Center Network (FACN) to get additional, expert perspective.
Texas Family Code §262.010
The caseworker must request that the alleged perpetrator submit to a test for the STD and provide the results to CPS. If the alleged perpetrator refuses to submit to a test, the caseworker must work with law enforcement to get a search warrant requiring the alleged perpetrator to undergo testing for the STD.
Texas Family Code §262.010(b)
If the caseworker determines there is not a preponderance of evidence that abuse led to the STD, the caseworker must get an opinion from the FACN as to whether the evidence in the case supports a finding that abuse did likely occur.
Texas Family Code §262.010(a)(2)(H)
2362 Religion
CPS March 2019
If there are allegations of medical neglect due to a lack of medical care because of legitimate religious beliefs, DFPS does not consider the parents or guardian negligent. However, the caseworker may request temporary managing conservatorship to obtain medical services, if the caseworker determines they are necessary for the child's health.
Texas Family Code §261.001(4)(A)(ii)(b)
Interviewing Parents and Medical Personnel
During the investigation, the caseworker must interview the parents and involved medical personnel to determine the nature and severity of the child’s condition and possible alternatives to the recommended medical treatment. If more than one physician is available at the hospital providing medical care to the child, the caseworker must get a second medical opinion. If a second physician is not available at the hospital providing medical care, the caseworker must contact the FACN for the additional medical opinion. The caseworker must ask each physician for a written statement describing the severity of the child’s condition.
Order of Temporary Conservatorship
The caseworker must seek an order naming DFPS as the child’s temporary managing conservator, for the purpose of consenting to the recommended treatment, if:
• the parents (or the child) continue to refuse medical treatment; and
• the physician’s statement indicates that failure to seek, obtain, or follow through with the recommended medical treatment would:
• result in or present a substantial risk of death, disfigurement, or bodily injury;
• result in an observable and material impairment to the child’s growth, development, or functioning; or
• result in an immediate danger to the child’s health or safety.
The caseworker must draft an affidavit laying out the applicable facts about the individuals refusing treatment and the possible consequences of refusing treatment. The caseworker must petition the court and request the court appoint DFPS temporary managing conservator so that the caseworker may consent to the recommended treatment.
The caseworker cannot consent to the recommended treatment without a signed order naming DFPS as the child’s temporary managing conservator for this purpose.
If there is not enough time for the caseworker to request temporary managing conservatorship, the hospital providing the child medical care will decide whether to administer the recommended treatment.
Disposition
If the caseworker determines that the child lacks needed medical attention because of legitimate religious beliefs, the caseworker must take the following actions:
• Assign a disposition of Ruled Out to allegations of medical neglect related to the recommended medical treatment.
• Determine dispositions for all other allegations, as in a traditional investigation.
2363 Dispositions Involving Drug or Alcohol Pre-Natal Exposure
CPS February 15, 2015
Disposition for Physical Abuse
Disposition for Neglectful Supervision
Criteria for Pre-Natal Exposure
Disposition for Physical Abuse
When an allegation is based solely on pre-natal exposure to alcohol or controlled substances, the caseworker must only reach a disposition of Reason to Believe for physical abuse (PHAB) of an infant under the age of one based on pre-natal exposure if:
• the mother's use of alcohol or a controlled substance meets the criteria for pre-natal exposure, AND
• a physician provides one of the following:
• a written diagnosis of physical manifestations of Fetal Alcohol Syndrome or Fetal Alcohol Effect, which includes Alcohol-Related Birth Defects and Alcohol Related Neurodevelopmental Disorder;
• a written opinion that the newborn was harmed from in utero exposure to alcohol or a controlled substance; OR
• a written diagnosis of Neonatal Abstinence Syndrome.
Disposition for Neglectful Supervision
When an allegation is based solely on pre-natal exposure to alcohol or controlled substances, the caseworker must only reach a disposition of Reason to Believe for neglectful supervision (NSUP) based on pre-natal exposure if:
• the mother’s use of alcohol or a controlled substance meets the criteria for pre-natal exposure, AND
• the mother’s alcohol or controlled substance use exposed the infant to injury or loss of life, or jeopardized the infant’s health, even if the infant did not suffer actual injury. This determination must be based on factors that include:
• evidence the mother extensively used alcohol, or regularly or extensively used a controlled substance, throughout the pregnancy or close to the child's birth date,
• evidence that the mother has an alcohol or drug addiction, OR
• other evidence that the infant was at substantial risk of immediate harm from the mother's use of alcohol or a controlled substance.
Criteria for Pre-Natal Exposure
The mother’s use of alcohol or a controlled substance meets the criteria for pre-natal exposure when there is a preponderance of evidence that the mother knew or reasonably should have known she was pregnant yet used alcohol or a controlled substance that:
• was not lawfully prescribed by a medical practitioner;
• was lawfully prescribed because the mother sought out multiple health care providers to exceed ordinary dosages; or
• was not being used in accordance with a lawfully issued prescription.
2364 Dispositions Involving Emotional Abuse
CPS June 2016
When conducting an investigation with a possible disposition of emotional abuse, the caseworker may determine that the child suffers from a mental or emotional injury, even if the child has not experienced physical injury or been diagnosed by a medical or mental health professional.
However, before reaching a disposition on emotional abuse, the caseworker must consult with professional collaterals outside of CPS who have witnessed and will verify observable and material impairment to the child’s growth, development, or psychological functioning.
DFPS Rules, 40 TAC §700.453(b)(1)(A)
When assessing a child for mental or emotional injury from exposure to domestic violence, the caseworker must, whenever possible, consult with professional collaterals that have documented expertise or training in the dynamics of domestic violence.
DFPS Rules, 40 TAC §700.453(b)(1)(A)
See 2113.1 Definitions of Abuse.
2370 Other Jurisdictions
2371 Military Bases
CPS February 15, 2015
If a military base commander denies staff access to a base and refuses to indicate that his or her staff will provide all necessary child protective services, including investigative services, the caseworker's supervisor must advise the district attorney and district judge in writing about the base commander's position.
When on a military base, CPS staff must:
• coordinate their activities with the staff designated by the base commander; and
• comply with all other investigation requirements, including the Fourth Amendment guidelines for entering a home and examining, transporting, and removing children.
2372 Out-of-State Abuse or Neglect Incidents
CPS October 2022
Out-of-State Incidents Related to Children Who Live Out of State
If the caseworker receives a report alleging abuse or neglect of a child that may have occurred in another state, but the principals named in the report live in Texas, the caseworker conducts case-related special request (CRSR) courtesy interviews.
The interviews are documented in the CRSR in a contact narrative in IMPACT.
See 4822 CRSR – Out of State (C-OS), located in the Statewide Intake Handbook.
Out-of-State Incidents Related to Children Located in Texas
To determine the current safety of a child who is visiting, traveling through, or living in Texas, it is sometimes appropriate for the caseworker to investigate allegations of abuse or neglect that occurred out of state.
In these situations, the caseworker:
- Does not travel to the other state to investigate.
- May conduct assessment and investigation activities in Texas.
- Requests assistance from the other state to obtain courtesy interviews or other relevant information.
The caseworker does not make a finding related to the allegations of abuse or neglect that occurred out of state, but the caseworker must assess whether there is any danger or ongoing risk of abuse or neglect to the child in Texas. The caseworker must add any of those new allegations of abuse or neglect to the investigation.
If the investigation results show that abuse or neglect, danger, or risk of abuse or neglect did not occur in Texas and is not currently occurring in Texas, and the child is currently safe, the report is administratively closed as “lacks authority to investigate.”
See 2313 ADMIN – Lacks Authority.
All Investigations
CPI must adhere to the following guidelines for any investigation conducted in Texas:
2240 Interviewing, Examining, Transporting, and Removing a Child
2372.1 Handling Requests for Taking Legal Custody of Children Who Are Out of State
CPS October 2022
When a court in another state takes temporary, emergency jurisdiction of a child under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and requests transfer of the case to a court in Texas, the CPI supervisor emails the DFPS CCOS (Custody of Children Out of State) mailbox for assistance prior to any of the following case actions:
- Stage progression.
- Assignment.
- Administrative closure.
See 4711 Incidents, Victims, or Perpetrators Out of State located in the Statewide Intake Handbook.
2373 Custody Order or Abduction Suit Involving a Foreign Country
CPS February 15, 2015
Notification of or Placement With Child's Relatives
Allegations of Abuse or Neglect
A federal or state district court may order a child into temporary DFPS custody if:
• the child is the subject of a custody order issued by a foreign country and the order is being disputed, or the child was abducted and is the subject of a suit seeking to return the child to the country of origin under the Hague Abduction Convention;
• the court finds that the child is imminently likely to suffer serious physical harm or be removed from the state; and
• the child’s parents or family members have no significant ties to the court’s jurisdiction (for example, they do not live, work, or go to school there).
Texas Family Code §§152.105; 152.311
When there are no allegations of abuse or neglect, the caseworker:
• handles the case as a casework-related special request, and
• takes the child into temporary DFPS custody.
Texas Family Code §262.007
If the state or federal court in Texas that is hearing the case does not resolve the custody issue before the fifth business day that the child is in temporary DFPS custody, the caseworker must:
• consult with the DFPS regional attorney about whether to file an affidavit for removal and a petition requesting conservatorship; and
• file the affidavit and petition on that fifth business day, if appropriate.
The case is resolved when the foreign court that originally issued the custody order issues a final order regarding the custody of the child.
Notification of or Placement With Child’s Relatives
When a court grants DFPS temporary custody of a child, the caseworker must identify the child’s relatives or kin and notify them about the court’s decision.
The caseworker places the child with the child’s relatives or kin:
• only if authorized to do so by the court that ordered DFPS to take temporary custody; and
• only after conferring with the DFPS regional attorney who facilitates contact with that original court.
The caseworker must not disclose the location of the child’s placement to the relatives or kin without receiving specific authority from the court that ordered DFPS to take temporary custody.
If a case involving the Hague Abduction Convention or a foreign custody order does not involve allegations of abuse or neglect, the caseworker does not investigate other than to:
• confirm the existence of the court order placing a child into temporary DFPS custody; and
• confirm that the child is healthy and safe.
Allegations of Abuse or Neglect
If, while interviewing a child or parent about the child’s health and safety, the caseworker uncovers allegations that abuse or neglect occurred in the child’s country of origin or that a parent abducted the child, the caseworker must notify the DFPS regional attorney, so that the foreign court that originally handled the custody case can address the issues.
The caseworker must only investigate allegations of abuse or neglect in a case involving the Hague convention or foreign custody when the allegations concern events that occurred in Texas.
Given the safety issues that lead a court to grant DFPS conservatorship of a child, all visits must be supervised by DFPS staff and conducted at a DFPS office, unless otherwise ordered by the court that placed the child under DFPS conservatorship.
2380 Child Trafficking (Sex and Labor Trafficking) Investigations
CPS September 2020
Child trafficking includes sex trafficking and labor trafficking as defined in 2113 Statutory Definitions of Child Abuse and Neglect.
CPI and Special Investigations jointly investigate allegations of trafficking, only of children, and only when persons traditionally responsible for the children’s care, custody, and welfare do either of the following:
- Knowingly cause, permit, encourage, engage in, or allow a child to be trafficked.
- Fail to make a reasonable effort to prevent a child from being trafficked.
For the purposes of a CPI investigation, only the following may be investigated and designated as an alleged perpetrator of sex or labor trafficking:
- A parent or relative.
- A guardian or managing or possessory conservator of the child.
- A person who is not related to or legally responsible for the child who is either of the following:
- A person who lives in the child’s family’s household.
- A person with whom the child has been placed by a parent or legally responsible person or entity, such as DFPS or a court.
- A child who is at least 10 years old or an adult who resides elsewhere (or whose place of residence cannot be determined) and who, when in the household, assumes responsibility for children in the household.
- A person with whom the child’s parent cohabits.
- School personnel or volunteers at the child’s school.
Texas Administrative Code §707.451(a)(7),(8),(10),(11)
Caseworkers in Bexar County, Dallas County, Harris County, Tarrant County, and Travis County refer to the DFPS Human Trafficking Response Protocol.
Caseworkers for all other counties refer to the DFPS Protocol for Care Coordination (CCT).
2381 Informing Special Investigations of Child Sex or Labor Trafficking
CPS September 2020
After receiving a report of child sex or labor trafficking the caseworker must immediately do the following:
- Send an email to the regional special investigator mailbox or notify special investigator program director.
- Assign the SI secondary on the case to work a joint investigation.
- Contact the Children’s Advocacy Center (CAC) to jointly determine whether a multidisciplinary team (MDT) response is needed based on local protocol, and whether a forensic interview of the child is appropriate. See 2231 When to Notify Children Advocacy Centers about Reports of Abuse or Neglectregarding sex trafficking cases.
2382 Informing Law Enforcement of Child Sex or Labor Trafficking
CPS April 2021
When the Allegations Can Be Investigated by CPI
The caseworker must notify local law enforcement immediately, but no later than 8 hours after initiating an investigation of child sex or labor trafficking, to do the following:
- Determine whether a joint investigation is warranted or coordinate the CPI investigation with a new or ongoing criminal investigation.
- Ensure worker and victim safety, as necessary.
During an investigation, if sex or labor trafficking is suspected, the caseworker must notify law enforcement immediately, but no later than 8 hours after determining an incident of child sex or labor trafficking may have occurred.
The caseworker must also report to Statewide Intake immediately, but no later than 8 hours upon becoming aware of this information.
When the Allegations Cannot Be Investigated by CPI
The caseworker must inform law enforcement immediately upon, but no later than 8 hours from, determining there are indications that a child may be a victim of sex or labor trafficking.
If, while working an Information & Referral, case related special request, or intake that is sent to the field, CPI staff learns that human trafficking of a child is suspected or has occurred, CPI staff must immediately, but no later than 8 hours, do the following:
- Notify the local law enforcement jurisdiction.
- Send a copy of the law enforcement notification to the Texas Department of Public Safety Joint Crimes Information Center (JCIC).
2383 Confirmed and Suspected Victims of Child Sex or Labor Trafficking
CPS April 2021
When a child in an open investigation is identified as a confirmed victim or suspected-unconfirmed victim of trafficking, the CPI caseworker must do the following:
- Document a child’s status in regard to trafficking victimization.
- Refer to appropriate services as needed. Refer Confirmed and Suspected -Unconfirmed victims of trafficking to the local Care Coordination Team (CCT), where local CCT is in operation.
The CPI caseworker must complete this documentation and assessment for services regardless of the type of trafficking, including situations in which a non-family member may be trafficking a child.
Services and resources can be found on the Human Trafficking and Child Exploitation page of the DFPS intranet.
Determining if a Trafficking Event Is Suspected-Unconfirmed or Confirmed
A trafficking event is Suspected-Unconfirmed when specific information regarding the child and the surrounding circumstances creates a reasonable belief the child has been trafficked.
A trafficking event is Confirmed when evidence supports the conclusion the child has been trafficked. Note: The supporting evidence must be more than just an allegation or suspicion and does not have to be a direct outcry from the child.
Documenting a Trafficking Event in IMPACT
When a child is Suspected-Unconfirmed or Confirmed to be a victim of sex or labor trafficking, the caseworker must enter a trafficking event in IMPACT on the Trafficking Detail page within 48 hours of suspecting or confirming the child’s victim status.
Each Suspected-Unconfirmed or Confirmed sex or labor trafficking event must be added into IMPACT as a trafficking event on the Trafficking Detail page.
Each trafficking event should only have one entry on the Trafficking Detail page, unless a Suspected-Unconfirmed event is later confirmed. In that case, both a Suspected-Unconfirmed and a Confirmed event are listed.
Corresponding Dispositions with Suspected-Unconfirmed or Confirmed Victims of Trafficking
Each investigation with sex or labor trafficking allegations that results in a disposition of Reason to Believe or Unable to Determine must have a corresponding trafficking event entered into IMPACT on the Trafficking Detail page. The caseworker will not be able to close the case in IMPACT unless this record is entered.
Referral to Services for Child Sex or Labor Trafficking
When a child in an open investigation (INV) case has been identified as a Confirmed or Suspected-Unconfirmed victim of trafficking, the caseworker must refer the child to appropriate services. Confirmed and Suspected-Unconfirmed victims of trafficking must be referred to the local Care Coordination Team (CCT), where local CCT is in operation. The caseworker documents the CCT referral in the case narratives and in the Trafficking Service Referral Survey.
Trafficking Services Referral Survey, services and resources can be found on the Human Trafficking and Child Exploitation page of the DFPS intranet.
2390 Families Who Are Unable to Obtain Mental Health Services for Children with Severe Emotional Disturbance
CPS December 2015
For additional information, see the Investigation and Referral to DSHS Residential Treatment Center Bed Resource Guide.
A caseworker must complete additional tasks and actions, beyond the typical investigation tasks, when the caseworker is assigned to an investigation in which:
• a child with severe emotional disturbance is alleged to be abused or neglected; and
• the family is refusing to allow the child to remain in or return home due to the parent’s inability to obtain mental health services for the child.
The purpose of these actions is to determine whether the parent’s refusal to allow the child to remain in or return to the home is based solely on the parent’s inability to obtain mental health services for the child. If the determination shows the parents’ actions meet this criterion, the caseworker must:
determine whether DFPS can avoid removing the child, which includes determining if the parent can place the child in a Residential Treatment Center (RTC) bed funded by the Department of State Health Services (DSHS); and
in the event of removal, discuss with the parent the possibility of DFPS and the parent being joint temporary managing conservators of the child, unless it is not in the best interests of the child to do so.
notify the state office mental health specialist at SOMH mailbox if they receive such a case, for assistance with the process.
Obtaining the Child’s Mental Health History
The caseworker must obtain the child’s mental health history.
For a list of items needed as part of this history, see the Investigation and Referral to DSHS Residential Treatment Center Bed Resource Guide.
Psychological Evaluation Within Last Six Months
If the child has had a psychological evaluation within the past six months, the caseworker must ask the parent for a copy of the evaluation and attach the copy to Form 2037 Referral for DSHS Funded RTC Bed (Child Not in DFPS Conservatorship).
DFPS is not responsible for obtaining, arranging or paying for the actual evaluation of the child.
See the Investigation and Referral to DSHS Residential Treatment Center Bed Resource Guide.
2391 Assessing the Basis for the Parent’s Refusal to Allow the Child to Remain in or Return to the Child’s Home
CPS December 2015
When a parent is refusing to allow a child with severe emotional disturbance to remain in or return to the home, the caseworker must determine whether this refusal is based solely on the parent’s inability to obtain mental health services needed for the child’s safety and well-being, and whether the parent exhausted all reasonable means available to obtain mental health services.
Determining the basis for this refusal is necessary to:
• evaluate the child’s eligibility for referral to a DSHS funded RTC bed;
• determine whether it is not in the child’s best interest for the parent to be appointed joint temporary managing conservators with DFPS, if DFPS seeks to remove the child; and
• appropriately provide dispositions for the allegations of abuse or neglect.
Assessment Criteria
The caseworker must assess the specific conditions of the case when determining the basis for refusal. However, the caseworker must always assess the following criteria:
• Is the family unable to access appropriate mental health treatment to meet the child’s needs due to the family’s financial resources, the lack of appropriate services available in the community, or other reasons?
• Has the parent followed the recommendations of the mental health professionals who have treated the child, including complying with recommendations about actions the parent, child, or family need to take? If the parent disagrees with a professional’s recommendations, has the parent discussed their concerns with the professional or sought other mental health professionals for assistance or treatment, if possible?
• Has the current investigation ruled out abuse or neglect of the child with severe emotional disturbance?
Determination
The caseworker may determine that the parent’s refusal to allow the child to be in the home is based solely on the parent’s inability to obtain the necessary mental health services for the child if:
• the assessment criteria are met;
• circumstances in the family support this determination; and
• the supervisor approves.
Making a Disposition for Allegations
DFPS must not make a reason to believe (RTB) finding of abuse or neglect by a parent who refuses to permit the child to remain in or return to the child’s home if:
• the child has a severe emotional disturbance;
• the parent’s refusal is based solely on the parent’s inability to obtain mental health services necessary to protect the safety and well-being of the child; and
• the parent has exhausted all reasonable means available to the parent to obtain the mental health services necessary to protect the safety and well-being of the child.
Texas Family Code Sections 261.001(4)(B) and 261.002(b)(i)
Relinquish Custody Question on Allegation Detail Page
If the caseworker rules out the allegation of abuse or neglect by a parent who refuses to permit the child to remain in or return to the child’s home, and the above three criteria are met, the caseworker must answer YES to the question:
“Is the primary caregiver seeking to relinquish custody of this alleged victim solely to obtain mental health services for the child? Yes No”
2392 Referring the Child for a Residential Treatment Center Bed Funded by DSHS
CPS December 2015
When the parent is refusing to allow a child with severe emotional disturbance to remain in or return to the child’s home, the caseworker must make reasonable efforts to prevent removal and placement by DFPS.
As part of these efforts, the caseworker must refer the child for placement by the parent in a residential treatment center (RTC) bed funded by the Department of State Health Services (DSHS), if the child meets referral criteria.
2392.1 Referral Criteria
CPS December 2015
Before completing the referral for a DSHS-funded RTC bed, the caseworker must determine if the child and family meet all of the following referral criteria:
• The family is involved in an open investigation, and DFPS has not taken conservatorship of the child.
• The family is not eligible for DFPS post adoption substitute care services.
• The parent’s refusal is based solely on their inability to obtain mental health services necessary to protect the safety and well-being of the child.
• The disposition of “Ruled-Out” will be given to allegations involving the parent and the child with severe emotional disturbance, based on evidence gathered by the time Form 2037 is submitted.
• The child is between five and seventeen years of age.
• The child has an IQ of at least 70.
• The child is a U.S. citizen.
• The child has a mental health diagnosis given by a licensed mental health professional that is recognized by the current version of the Diagnostic and Statistical Manual of Mental Disorders, and the child’s mental health condition results in severe mental, behavioral, or emotional impairments in functioning.
For a detailed definition of Severe Emotional Disturbance, see the Investigation and Referral to DSHS Residential Treatment Center Bed Resource Guide.
The parent must provide the caseworker with:
• results of testing that show the child’s IQ and mental health diagnosis; and
• documentation that the child is a U.S. citizen.
If the caseworker and supervisor agree the family and child meet the eligibility criteria, the caseworker must:
• complete Form 2037 Referral for DSHS Funded RTC Bed (Child Not in DFPS Conservatorship);
• scan in a psychological evaluation on the child completed within the last six months; and
• email the form (and psychological evaluation) to the CPS mental health program specialist in state office at SOMH mailbox.
The caseworker and supervisor do not contact DSHS directly because contact is made by state office.
2392.2 Providing Crisis Services During the Referral Process
CPS December 2015
Any time there is an emergency in the family during the referral process, the caseworker must immediately notify the CPS mental health specialist for assistance in getting crisis services for the family.
The CPS Mental Health specialist, DSHS RTC Coordinator, investigation caseworker, and family must meet to plan for and provide crisis intervention services to prevent the child from coming into CPS foster care during the referral process.
Investigation Caseworker Responsibilities
Investigation caseworkers must help families maintain safety and stability during the referral process so eligible children can be placed in DSHS funded RTC beds when a placement becomes available. The investigation caseworker must:
• if necessary, establish a safety plan with the family to guide them towards services or actions that help keep the family safe and stable;
• convene a Family Team Meeting (FTM) to decide how to ensure the safety of the child. See 1121 Family Group Decision-Making (FGDM);
• attend a Community Resource Coordination Group (CRCG) in person or by telephone, if a CRCG is convened during the referral process; or
• take other protective and stabilizing actions as appropriate.
2392.3 Responding to the Referral Process Outcome
CPS December 2015
The investigation caseworker must staff the case with the supervisor to determine next steps when the CPS mental health specialist notifies the investigation caseworker that one of the following results has occurred.
Parents Place the Child in a RTC Funded by DSHS
The investigation caseworker must close the investigation when the child is placed in the DSHS funded RTC, unless other children in the home require further CPS intervention.
The Child is Not Placed in a RTC Funded by DSHS, and DFPS Removal Does Not Appear Necessary
When the child is not placed in a DSHS funded RTC bed, the CPS mental health specialist must inform the investigation caseworker. If DFPS removal does not appear necessary, CPS staff must close the investigation, unless the children in the home require further CPS intervention.
2393 If DFPS Removal Appears Necessary
2393.1 Discussing the Option of Joint Temporary Managing Conservatorship
CPS December 2015
If DFPS removal appears necessary, the investigation caseworker must discuss with the parent the option of asking the court to appoint DFPS and the parent to be Joint Temporary Managing Conservators (JMC) of the child, unless DFPS determines it would not be in the best interests of the child to have joint conservatorship.
The investigation caseworker must also discuss the option with the parent in post adoption conservatorship services under 6961 Postadoption Substitute Care Services, unless it is not in the child’s best interest.
Determination
The caseworker must not discuss joint temporary managing conservatorship of the child with the parents until the supervisor and program director have approved:
• the removal of the child; and
• the caseworker going forward with a discussion of joint temporary managing conservatorship with the parents.
If the decision is made to discuss joint temporary managing conservatorship with the parents, and the parent is interested, the caseworker must discuss with the county or district attorney whether to include this request in the petition.
If the county or district attorney declines to file for DFPS-parent joint temporary managing conservatorship, the caseworker must staff the case with the Regional Attorney.
Documenting the Discussion
The caseworker must document the following in the narrative in the FSU stage in IMPACT:
• Whether joint temporary managing conservatorship was discussed with the parent; and
• Whether the parent wanted joint temporary managing conservatorship, and if not, why not.
2393.2 Documenting Removal
CPS December 2015
When documenting removal of a child with severe emotional disturbance solely because the family was unable to obtain mental health services, the caseworker must complete the following in IMPACT.
Child Placement Characteristics on the Person Detail Page
The caseworker must select one or more of the following in IMPACT, as appropriate to the child’s condition:
• Bipolar
• Conduct Disorder
• Depression
• Emotionally Disturbed
• Mood Disorder
• Oppositional Defiant Disorder
• Post-Traumatic Stress disorder
• Psychotic Disorder
• Reactive Attachment Disorder
• Other Behavior Problem
Removal Reason on the Conservatorship Removal Page
On the Conservatorship Removal page, the caseworker must select the Removal Reason “A/N risk - Primary caregiver relinquishes custody of this child solely to obtain mental health services for the child”.
2400 Referring a Case from Investigations to Voluntary or Court-Ordered Family-Based Safety Services (FBSS)
CPS November 2023
The Safety Assessment and Risk Assessment help guide Child Protective Investigations (CPI) staff members in deciding whether to refer a family to Family-Based Safety Services (FBSS).
If the investigation is referred to FBSS, and the alleged victim is a member of more than one home, then the CPI caseworker must attempt to assess and interview each parent and any household members in each parent’s home. The caseworker may be required to obtain consent before conducting an interview. See 2244 Interviews with Children and its subitems.
Referring a Case to Family-Based Safety Services
CPI refers a parent or legal guardian to FBSS when any of the following apply:
- The child is safe with a plan (one or more danger indicators are present, and a written safety plan is in place), regardless of the Risk Assessment score (risk level).
- The child is safe (no danger indicators are present), but the Risk Assessment score (risk level) is High or Very High, and CPI determines services are needed to address the risk.
- There is a court order (motion to participate or court-ordered services) that requires the parent or legal guardian to participate in FBSS.
CPI does not refer a parent or legal guardian to FBSS when any of the following are true:
- The child is unsafe (one or more danger indicators are present, and there is no safety plan in place).
- The child is safe (no danger indicators are present), and the Risk Assessment score (risk level) is High or Very High, but CPI determines services are not needed to address the risk because the family has mitigated or controlled the risk.
- The child is safe (no danger indicators are present), and the Risk Assessment score (risk level) is Low or Moderate.
- DFPS has made reasonable efforts to locate the child and has been unsuccessful. See 3100 When a Child Who is With His or Her Family Cannot be Located.
2410 Process for Concurrent Stages – Referring a Case to Family-Based Safety Services (FBSS)
2411 Role of the Referring Caseworker
CPS November 2023
CPI can refer an investigation to FBSS once all of the following requirements are met:
- All investigative tasks are complete and documented in IMPACT.
- The CPI caseworker, in consultation with the supervisor, has determined that the family meets the criteria for FBSS.
- The CPI caseworker made face-to-face contact with all alleged victims within the past 11 calendar days before submitting the referral form. If this requirement cannot be met, see Exemption to Face-to-Face with Victim (below in this section).
- The CPI caseworker made face-to-face contact with a parent or legal guardian in the home where abuse or neglect is alleged within the past 11 calendar days before submitting the referral form.
- The CPI caseworker made face-to-face contact with the parental child safety placement (PCSP) caregiver (if applicable) within the past 11 calendar days before submitting the referral form.
- The Safety Assessment is complete (see 2271 Safety Assessments).
- The Risk Assessment is complete (see 2272 Risk Assessment).
- The Person List is updated for all people who will receive FBSS services. Required information includes the following:
- Full name.
- Date of birth.
- Social Security number (if known).
- Current address (if known).
Exemption to Face-to-Face with Victim
If at least one alleged victim lives in the home where FBSS will be offered, an exemption may be used (that is, CPI may refer the case to FBSS without having made face-to-face contact with all alleged victims within the past 11 calendar days before submitting the referral form) if CPI determines FBSS is necessary and at least one of the following is true:
- CPI does not know the location of an alleged victim (for example, the alleged victim has run away).
- An alleged victim lives out of state.
- The CPI caseworker has requested that a caseworker in another DFPS region or another state make face-to-face contact with an alleged victim, but this contact has not occurred yet.
- Access to an alleged victim is restricted (for example, because of law enforcement requirements).
- An alleged victim is deceased.
- There is another reason to request an exemption (Other). If the CPI caseworker marks Other, IMPACT provides a box to enter the specific reason. The CPI caseworker does not use Other when CPI has access to the alleged victim but has not made face-to-face contact within the 11-calendar-day time frame.
After these requirements are complete, the CPI caseworker completes the FBSS Referral Form in the Investigation stage in IMPACT and submits it to the supervisor for review.
2412 Role of the Referring Supervisor
CPS November 2023
The CPI supervisor verifies that the required tasks listed in 2411 Role of the Referring Caseworker are complete and then either approves or rejects the FBSS Referral Form within four calendar days after the submission of the form (no later than the 15th calendar day after the face-to-face contacts).
2413 Concurrent Stages Process
CPS November 2023
Once the CPI supervisor approves the FBSS Referral Form, IMPACT automatically does the following:
- Generates the Family Preservation (FPR) stage.
- Sends the FPR stage to FBSS for assignment to an FBSS router in IMPACT.
CPI is responsible for the case if circumstances change that affect child safety before the completion of a joint visit (in which both CPI and FBSS participate). In this situation, the CPI caseworker is responsible for the following:
- Implementing a safety plan to address a new danger in the home where abuse or neglect is alleged.
- Implementing a new safety plan if the family has violated a current safety plan.
- Staffing and filing for court-ordered services if the family does not allow DFPS to access the home or child.
- Staffing and filing for legal intervention, including removal, if a child is in immediate danger and there are no options for a safety plan.
See the definition of staffing.
If DFPS removes a child from the home on the same day as the joint visit or within three days (72 hours) after the joint visit, CPI is responsible for all removal tasks.
If the family does not allow the joint visit to occur or does not allow DFPS to access the home or child, CPI is responsible for filing for court-ordered services or any other actions needed to meet the needs of the child and family.
FBSS becomes responsible for taking any actions needed to meet the needs of the child and family, starting on the date the joint visit occurs (unless an emergency removal occurs on the day of the joint visit or within three days (72 hours) after the joint visit, as stated above).
CPI Actions When the FPR Stage Is Administratively Closed
FBSS may close the FPR stage as Administrative Closure if any of the following apply:
- CPI conducts a removal to ensure child safety, and a joint visit either has not occurred or occurred no more than three days before the removal.
- A joint visit has not occurred, and legal intervention is needed to work with the family but is unable to be obtained.
- There is no danger indicator or safety plan, there is low or moderate risk, and a joint visit has not occurred.
If the FPR stage is closed as Administrative Closure for one of the above reasons, the CPI supervisor documents the closure of the FPR stage in a contact narrative in IMPACT. A joint visit does not occur, and a joint transfer staffing does not occur.
The CPI caseworker, supervisor, and program director staff the case to determine what actions are needed to address child safety and complete the investigation.
See 12780 Administratively Closed.
CPI Actions When the FPR Stage Is Not Administratively Closed
The CPI caseworker must complete a joint visit with the FBSS caseworker within 10 calendar days after the FPR stage opens.
The CPI caseworker and supervisor must participate in a joint transfer staffing within 10 calendar days after the FPR stage opens.
The CPI caseworker completes any unfinished investigation tasks and closes the Investigation stage within 72 hours after the joint transfer staffing. Before closing the investigation, the CPI caseworker must make sure that CPI has made and documented all required efforts to assess all parents and other members of their homes for any needs or services.
2414 Court-Ordered Participation in FBSS
CPS November 2023
Process for Court-Ordered Services
If CPI Seeks Court-Ordered Services
The CPI caseworker files for a motion to participate or court-ordered services if either of the following occurs:
- The family does not agree to participate in FBSS services before the joint visit.
- The family does not allow DFPS to access the home or child, and FBSS is unable to complete its assessment during the joint visit.
If a judge issues a verbal or signed court order to participate in services before the opening of the FPR stage, CPI creates the FPR stage and sends the FBSS Referral Form to FBSS before closing the Investigation stage.
Once a judge issues a verbal or signed court order to participate in services, CPI completes the investigation tasks and closes the investigation within 72 hours after the order is issued.
If CPI’s Request for Court-Ordered Services Is Denied
If CPI seeks a motion to participate or court-ordered services, but the attorney representing DFPS determines that there is no legal basis for a court order to participate in services, or if the court denies the order, CPI closes the Investigation stage. Documentation in IMPACT must reflect the information shared with the attorney representing DFPS or the judge, along with the denial of the order. See 2292.3 Requesting Legal Orders.
If FBSS Seeks Court-Ordered Services
The FBSS caseworker must seek a motion to participate or court-ordered services if all of the following occur:
- The family allows DFPS to access the home and child during the joint visit.
- FBSS completes its assessment during the joint visit.
- The family declines services.
- There is a need identified for DFPS to provide services following the assessment.
The CPI caseworker completes any unfinished investigation tasks and closes the Investigation stage within 72 hours after the joint transfer staffing. The CPI caseworker may need to assist the FBSS caseworker in seeking legal intervention even after the Investigation stage has been closed.
Documentation of Legal Action in IMPACT (Applies to Court-Ordered Services before or after FPR Stage Opened)
Once the judge approves a motion to participate or court-ordered services, the caseworker must update the legal action in IMPACT.
Under the Legal Actions tab, the CPI caseworker does as follows:
- Selects the primary parent, legal guardian, or caregiver for whom the legal intervention is needed.
- Selects from the drop-down menu Orders during the Investigation Case.
- In the Subtype drop-down menu, selects To Participate in Services.
- In the Outcome drop-down menu, selects Granted or Not Granted.
- For the Outcome date, enters the date the legal intervention was granted or not granted (denied).
- Checks the Document in Case File box. The caseworker’s affidavit must be uploaded into OneCase.
- In the Comments text box, writes a brief statement of which legal intervention was requested and whether it was granted or denied.
2600 Alternative Response
CPS May 2018
Unlike a traditional investigation, Alternative Response (AR) does not have a final case disposition of abuse or neglect or a designation of a perpetrator.
DFPS Rules, 40 TAC §700.551(1)
An AR case may be transferred to the traditional investigation pathway when new information renders the case unsuitable for AR. However, cases in the traditional investigation pathway are never transferred to the AR pathway.
Children Under the Jurisdiction of a Court in Another State
If a caseworker discovers during an AR case that an alleged victim is in the legal custody of another state, the caseworker must contact the other state to:
• determine why the child is in Texas; and
• make the necessary arrangements to:
• return the child to the other state; or
• begin the ICPC process.
Once the caseworker confirms that the child is under the other state’s custody, the caseworker must stage progress the case to the traditional investigation pathway and complete the investigation related to abuse or neglect that occurred while the alleged victim resided in Texas.
2610 Eligibility for Alternative Response
CPS May 2018
Only certain Priority 2 (P2) cases are eligible for AR. Child Protective Investigations (CPI) screeners make the initial decision to refer intakes received from Statewide Intake to AR.
A P2 case is eligible for AR when:
• the allegations meet the definition of abuse or neglect, and the report is unable to be closed at intake;
• the information in the intake report indicates the initial risk in the family is low to moderate; and
• the case is eligible to be screened and does not meet the criteria in 2611.1 Intake Ineligible for Alternative Response.
AR cases warrant the same commitment to child safety as traditional investigations. Even though the risk may initially appear to be low to moderate, the assessment may identify dangers or risk concerns that must be addressed to ensure child safety.
Only authorized personnel are allowed to stage progress cases to AR.
Screeners refer intakes that meet AR criteria to the AR supervisor, who assigns the case to a caseworker. If the supervisor believes the case should be routed to traditional investigations, the supervisor must get program director approval before stage progressing the case.
2611 Intakes or Cases Ineligible for Alternative Response (AR)
2611.1 Intakes Ineligible for Alternative Response
CPS December 2021
An intake is not eligible for AR when it includes any of the following elements:
- The alleged perpetrator is any of the following:
- School employee or volunteer (when allegations do not involve the alleged perpetrator’s own children or family). See 2320 School Investigations.
- DFPS employee or volunteer.
- DFPS contractor.
- Foster parent.
- Prospective adoptive parent.
- A current household member is a designated or sustained perpetrator of a child fatality due to physical abuse.
- A report has been upgraded from a P2 to a P1.
- An allegation involves sexual abuse, forced marriage abuse, or sex or labor trafficking, and it has not been previously investigated.
- A current household member is a convicted sex offender.
- Physical abuse allegations indicate serious physical injury. This includes a case where a child requires medical treatment, regardless of whether the caregiver sought medical treatment.
- The family has an open investigation, Family Based Safety Services, or conservatorship case.
- The current intake involves a child fatality alleged to be a result of abuse or neglect. See DFPS Rules, 40 TAC §707.553(b).
- A child under the age of 6 lives in the home and either of the following apply:
- The child is designated as an alleged victim in the intake.
- There are allegations of physical abuse against any child in the home regardless of whether the child is listed as a victim on the intake.
- Child removal is imminent. See the definition of imminent danger.
- An allegation involves medical neglect of a child with a serious or chronic medical condition that could cause substantial or immediate harm if the child does not receive prescribed treatment for that condition and the parents are not seeking or following through with required treatment plan for the condition (for example, cerebral palsy, asthma, or diabetes). A case in which a child has a serious medical condition, but allegations are not related to medical neglect, is still appropriate for AR.
- The family has previously refused to participate in DFPS-recommended services necessary for the safety of the child, and the Statewide Intake screener obtains collateral information that demonstrates the family might again refuse services.
- DFPS has had prior custody of a child living in the home, and that case was closed within the past two years.
- An allegation involves manufacturing of illegal substances or that involve an active drug raid.
- An allegation includes a situation where a weapon or any item that could be used to inflict serious or potentially deadly harm has been used to threaten or harm someone else in the house. A case in which weapons are being used in self-directed threats or self-inflicted harm is still appropriate for AR.
2611.2 Criteria for Routing a Case to Traditional Investigation
CPS December 2021
AR cases must be routed to the traditional investigation pathway if either of the following are true:
- There is a need for a disposition, meaning stage progression is required either for subsequent DFPS personnel actions or legal proceedings.
- A more immediate response is necessary to ensure child safety, and a critical task cannot be completed in AR.
See 2630 Stage Progressing an AR Case to Traditional Investigation.
2612 New Intakes on an Open Alternative Response Case
CPS December 2021
If a new intake is received on a family that is involved in an open AR case, the regional router sends the new intake directly to the supervisor whether or not the new intake meets AR eligibility criteria. The supervisor must review the new intake and determine if the new intake should be sent down the AR pathway or progressed to a traditional investigation.
See also 2630 Stage Progressing an AR Case to Traditional Investigation
2612.1 If the New Intake Meets Alternative Response Criteria
CPS December 2021
If the new intake meets AR eligibility criteria, the supervisor must ensure the following:
- The new intake is stage progressed to AR within 24 hours from the time of the new intake or no later than the next business day if the new intake is received outside regular work hours.
- Both stages are merged together.
See 2612.4 Determining Whether Family Contact Needs to be Made on a New Intake.
2612.2 If the New Intake Does Not Meet Alternative Response Criteria
CPS December 2021
If the new intake does not meet AR eligibility criteria, the supervisor must ensure the following:
- The new intake is stage progressed to a traditional investigation within 24 hours from the time of the new intake or no later than the next business day if the new intake is received outside regular work hours.
- The supervisor’s decision to stage progress the current AR case to a traditional investigation is documented in the AR case narrative in IMPACT.
- All the caseworker’s documentation is entered into the current AR stage prior to stage progressing to a traditional investigation.
- The current AR stage is stage progressed to a traditional investigation.
- Both stages are merged together.
- The entire case is then worked using the traditional investigation pathway.
See:
2612.4 Determining Whether Family Contact Needs to be Made on a New Intake
If the case progresses to a traditional investigation, the same caseworker who worked the AR case continues to work the case in the traditional investigation pathway. However, if a child death has occurred in the case and the death involves an allegation of abuse or neglect, the case must be assigned to another caseworker. See also 2630 Stage Progressing an AR Case to Traditional Investigation.
2612.3 Completing Case Merges
CPS December 2021
When new intakes are received on open AR cases, staff must merge cases in the same way cases are merged in the traditional investigation pathway.
2612.4 Determining Whether Family Contact Needs to be Made on a New Intake
CPS October 2023
When a new intake is received and there are new allegations or new incidents of abuse or neglect, the caseworker must make face-to-face contact with the family within priority time frames.
The caseworker must notify each parent or legal guardian of his or her rights prior to being interviewed in an alternative response case. See 2623.11 Required Notification of Rights to A Parent or Legal Guardian.
The caseworker must staff with the supervisor to determine if face-to-face contact with the family is required in one or more of the following circumstances:
- There are no new allegations.
- There are no new incidents of abuse or neglect.
- The intake contains the same information as the open alternative response case.
If the supervisor determines face-to-face contact is not necessary, an initial contact is entered in the new alternative response case, referencing the case number to the open case. This initial contact must include how the information in the new alternative response case was addressed in the current open case.
2620 Contacts
2621 Documentation and Contact Entry
2621.1 Same Day Contact Entry with Children
CPS May 2018
In the Contact Detail window in IMPACT, the caseworker must enter any face-to-face contact or attempted contact with any child. The caseworker enters this information on the same day as the contact (or attempted contact).
The caseworker must select in the Contact Detail window all children seen during the contact. If the caseworker saw at least one child, the caseworker must not select Attempted.
If there were children that the caseworker did not see during the contact, the caseworker must create a separate Contact Detail listing those children and indicating an attempted contact.
2621.2 Case Activities Requiring 24 Hour Documentation
CPS May 2018
In the narrative, the caseworker must enter full documentation of the interviews and observations of all children within 24 hours of contact.
The caseworker must also enter full documentation of all interviews and case activities within 24 hours of taking any of the following case actions:
• Establishing a safety plan.
• Initiating a parental child safety placement.
• Removing a child.
2621.3 All Other Documentation
CPS May 2018
The caseworker must document all other contacts, attempted contacts, staffings, and case activities within seven calendar days.
Documentation Content
Documentation on contacts with individuals must include:
• danger to a child;
• child vulnerabilities;
• any required parental consent;
• protective actions; and
• services that the family needs or is receiving.
Documentation on staffings must include any case-related decisions and required actions.
2622 AR Initial Contacts
CPS December 2021
After being assigned an AR case and before contacting the family, the AR caseworker reviews the family’s DFPS and criminal history.
2622.1 First Contact
CPS December 2021
The caseworker attempts first contact with the family by phone to schedule the first face-to-face meeting with the family within the following time frames:
- Within 24 hours, if the case was screened and stage progressed during regular work hours.
- No later than the next business day, if the case was screened and stage progressed outside regular work hours.
Phone Number Not Available
If the family does not have a phone, the caseworker must make first contact with the family in person based on the time frames above.
Phone Contact with Family Unsuccessful
If the caseworker has attempted to contact the family by phone and is unable to speak to the family to schedule the first face-to-face visit, the caseworker goes to the family’s home within 24 hours from the first phone call attempt.If the caseworker makes contact at the family’s home, the caseworker can provide the family the option to participate in the family meeting at that time or schedule a family meeting within required time frames for the first face-to-face visit. See 2622.2 First Face-to-Face Contact.
| Situation |
Timeline if stage progressed to AR during business hours (8 a.m. Monday - 5 p.m. Friday) |
Timeline if stage progressed to AR outside business hours (5 p.m. Friday – 8 a.m. Monday or on holidays) |
|---|---|---|
First phone call. |
Within 24 hours from initial date and time of stage progression to AR. |
The next business day. |
Family doesn’t have a phone listed in the intake or readily available from IMPACT history. |
Within 24 hours from stage progression, the caseworker goes to the family’s home to attempt scheduling the first face-to-face visit. The family may opt to have the face-to-face meeting at time of contact. |
From the time of stage progression, the caseworker goes to the family’s home the next business day to attempt scheduling the first face-to-face visit. The family may opt to have the face-to-face meeting at time of contact. |
First phone call attempted to schedule face-to-face visit but no response from family. |
If the caseworker has been unable to speak with the family by phone within 24 hours from stage progression, the caseworker goes to the family’s home within 48 hours of stage progression to attempt scheduling the first face-to-face visit. If the caseworker makes contact at the family’s home, the family may opt to have the face-to-face meeting at time of contact or schedule a family meeting within required time frames. |
The caseworker has the next business day to attempt the first phone contact. If there is no response from the family, caseworker must go to the home the following calendar day to schedule a face-to-face meeting. If the caseworker makes contact at the family’s home, the family may opt to have the face-to-face meeting at time of contact or schedule a family meeting within required time frames. |
First face-to-face visit. |
The caseworker must assess all children in the household of concern no later than five days (120 hours) from stage progression to AR. |
The caseworker must assess all children in the household of concern no later than five days (120 hours) from stage progression to AR. |
2622.2 First Face-to-Face Contact
CPS December 2021
The caseworker’s first face-to-face contact with an AR family must include all children in the household of concern and occur within five days from the time the case is stage progressed to AR. At minimum, the caseworker must make contact with all children within five days to assess for safety. This timeline does not apply if the caseworker has been unable to make contact with the family to schedule a visit. See 2622.8 Unable to Locate and 3100 When a Child Who Is With His or Her Family Cannot Be Located
This contact with the AR family is completed with the family together and must address all allegations identified in the intake report and other dangers the caseworker identifies while working with the family. The first face-to face contact must also include a separate meaningful contact with each child 3 years old or older. See 2623.1 Initial Tasks and 2622.3 Meaningful Contact.
The contact must occur in the family’s home unless the family requests it to occur elsewhere. It also must include all family members (defined as everyone who lives in the home), if possible.
Any household members who have significant in-home contact but are not considered part of the nuclear family must also be contacted and assessed for safety and risk before closure of the AR case. Household members are defined by the Household Plus Definition.
If, after the first face-to-face contact, a decision is made to transfer the case to a traditional investigation, the caseworker must complete face-to-face contact with any remaining alleged victims to assess safety as soon as possible, but no later than five days from the date the case was stage progressed to AR. See 2630 Stage Progressing an AR Case to Traditional Investigation.
2622.3 Meaningful Contact
CPS December 2021
During the first face-to-face contact and every 30 days thereafter, the caseworker must conduct an individual, meaningful contact with each child who is 3 years or older and lives in the home. The initial meaningful contact must be audio recorded, and subsequent meaningful contacts may need to be audio recorded if they meet certain criteria. See 2623.1 Initial Tasks.
During a meaningful contact, the caseworker gets the child’s input on the following and documents it in the AR case:
- Any safety concerns the child has that were not discussed with the family.
- The child’s ideas and suggestions about safety and case planning.
- The progress and outcome of any safety or case planning activities the child is involved in.
- The child’s well-being (such as educational, medical, and mental or behavioral health).
- The child’s safety and well-being in a PCSP (when applicable).
2622.4 Notifying and Making Face-to-Face Contact with an Involved Parent
CPS October 2023
Before conducting an interview with a parent or legal guardian, notification of rights must be completed. See 2623.11 Required Notification of Rights to A Parent or Legal Guardian.
During the first face-to-face contact with the family, the caseworker must:
- Identify both parents of each child in the home.
- Determine the parents’ involvement with the child to assess safety and identify additional support networks.
- Gather any information available on involved parents who live outside the child’s home.
Involved parents are defined as those who do the following:
- See the children.
- Provide material items for them.
- Pay child support.
- Have some other type of involvement which creates a relationship with the child.
See the Alternative Response Resource Guide.
The caseworker makes reasonable efforts to notify all involved parents of the child within 24 hours to set up a face-to-face contact, unless it would endanger any of the following:
- A child in the home.
- A reporter.
- Anyone else who participated in the family assessment.
Working with an Involved Parent
The caseworker must complete a monthly face-to-face contact with each identified involved parent. The contact is completed at the involved parent’s home, when possible. During the monthly contacts, the caseworker must discuss the following and documents it in the alternative response case:
- The relationship between the involved parent and the child, and the role the parent plays in the child’s life.
- The strengths and needs of each involved parent and any service that might benefit the involved parent.
- The involved parent’s input regarding the following:
- Case planning for the child and family.
- All efforts made to engage the involved parent for a monthly face-to-face contact.
- The outcome of these efforts.
The caseworker is not required to notify a parent who is not involved with the child.
DFPS Rules, 40 TAC §707.561(a)
The inclusion of an involved parent who lives outside the child’s primary home in the first face-to-face contact is at the discretion of the parent with whom the child primarily resides. If the involved parent is not included as part of the family meeting, the caseworker must contact the involved parent to notify him or her of the case and to gather information.
2622.5 Family Member Not Present
CPS December 2021
If a family member is not present at the first face-to-face contact with the family, the caseworker must staff with the supervisor and follow up with that family member as soon as possible. The caseworker documents the family member who was not present and the plan for making contact with that family member in IMPACT.
If a child who lives in the home is not present for the first face-to-face contact with the family, the caseworker must staff with the supervisor and make contact within the five-day time frame to ensure child safety has been addressed.
If the caseworker has not made contact with all the children to complete the first face-to-face contact within the five-day time frame, the caseworker must staff with the supervisor to determine next steps. The caseworker documents the staffing in IMPACT. See 3100 When a Child Who Is With His or Her Family Cannot Be Located.
2622.6 Family Refuses to Participate
CPS December 2021
If there are safety concerns or abuse or neglect that need to be addressed, the family does not have the option to choose if it is investigated. The family has the choice to participate in an alternative response case or a traditional investigation. See 2637 Parent or Caregiver Request for Reassignment.
Refusal at Initial Face-To Face Contact
If the family refuses to participate in the AR process during the first face-to-face contact, the caseworker must do the following:
- Attempt to explain how the family might benefit from AR.
- Give the family an opportunity to discuss its choice prior to leaving the home.
If the family still refuses and safety concerns have not been addressed, the caseworker must do all of the following:
- Take any steps to ensure child safety.
- Staff with the supervisor as soon as possible to determine the next steps, including any legal intervention needed.
- Stage progress the case to a traditional investigation in IMPACT within 24 hours.
- Continue to work with the family using traditional investigation methods.
- Document the decision to stage progress to a traditional investigation in the IMPACT contact narrative.
Refusal at Any Point after Initial Face-To-Face Contact
If a family refuses to cooperate in AR at any time after the initial face-to-face contact, the caseworker must work the case using traditional investigation methods. The caseworker must do all of the following:
- Take any steps to ensure child safety.
- Staff with the supervisor as soon as possible to determine the next steps, including any legal intervention needed.
- Stage progresses the case to a traditional investigation in IMPACT within 24 hours.
- Continue to work with the family using traditional investigation methods.
- Document the decision to stage progress to a traditional investigation in the IMPACT contact narrative.
See:
2633 Approval for Transferring a Case to Traditional Investigations
2634 Stage Progression Timeframes
2622.7 Unable to Make Contact
CPS December 2021
The caseworker must staff with the supervisor if the caseworker is unable to contact the family within 24 hours or the next business day to schedule the first face-to-face visit. This staffing between the caseworker and supervisor occurs after the following times, whichever is sooner:
- Within 48 hours from when first contact is required.
- By the time the five-day first face-to-face visit is required.
The caseworker and the supervisor determine the next steps, and the caseworker must document the staffing in the contact narrative in IMPACT.
2622.8 Unable to Locate
CPS December 2021
If the caseworker cannot locate the family, see 3100 When a Child Who Is With His or Her Family Cannot Be Located.
If the supervisor approves the case for closure as Unable to Locate, the case is assigned to a child safety specialist for secondary approval. See 2292 Action on a Submitted Investigation.
2622.9 Determining Military Status
CPS December 2021
In an AR case, any adult identified as an alleged perpetrator in the intake must be asked if he or she is an active duty member of the U.S. armed forces or is the spouse of a member on active duty. If the person states he or she meets one of those descriptions, the caseworker must notify the nearest U.S. Department of Defense (DoD) Family Advocacy Program about the investigation.
See DoD’s Military Installations website to find the nearest Family Advocacy Program.
For information about timing of the notification and documentation, see 2248.7 Determining Alleged Perpetrator’s Military Status.
2623 Initial Contact Tasks
2623.1 Initial Tasks
CPS October 2023
Before conducting a face-to-face interview with a parent or legal guardian in the home where abuse or neglect is alleged, the caseworker must complete the notification of rights. See 2623.11 Required Notification of Rights to A Parent or Legal Guardian.
During the first face-to-face contact with a parent, legal guardian, or adult in the home where abuse or neglect is alleged, the caseworker must do all the following:
- Gather sufficient information to complete the initial safety assessment.
- Address any immediate dangers.
- Gather information about household members to:
- Facilitate review of all DFPS history.
- Run any additional criminal background checks.
- Determine eligibility for emergency assistance. See 2700 Eligibility for Emergency Assistance.
- Complete a meaningful contact alone with each child three years old or older. The meaningful contact is completed after the family meeting to provide the child an opportunity to share any additional information or concerns about the case that were not discussed during the larger family meeting. A meaningful contact must occur every 30 days with each child three years old or older.
- Document a meaningful contact as a separate entry for each child in the case narrative in IMPACT.
Before leaving the home, the caseworker must assess all the following:
- The child’s safety in the home (based on CPI’s reason for involvement and other information gathered during the AR case).
- The child’s living circumstances.
- The child’s general well-being.
Audio Recordings
The caseworker must make an audio recording of the initial meaningful contact with each child. However, subsequent recordings of interviews with children are not required, unless a caseworker makes the decision to interview a child without a parent or primary caregiver present for one of the following reasons:
- At the child’s request.
- Due to safety issues.
- A new allegation was reported outside of the initial concern.
- An outcry is made.
Photos
Photos are not required, unless there are injuries, but are encouraged with the family’s knowledge and consent. See 2245 Visual Examinations.
Documentation
If consent is obtained to take a photograph of the child, home, physical evidence, or incident scene, the caseworker documents, in a contact narrative in IMPACT, the name of the individual providing consent and how consent was provided.
If the caseworker is unable to make an audio or video recording, the caseworker must document the reason.
Texas Family Code §261.302(e)(2)
Only state-issued equipment is approved for audio or video recording a child. A caseworker must not use any personal device for audio or video recording a child during an investigation. The recording must be uploaded into OneCase as soon as possible after completion. The most current upload procedures are located on the DFPS OneCase: Functionality & Usage page (accessible to DFPS employees only).
If state-issued equipment is not available for any reason, the caseworker immediately staffs with the supervisor.
2623.11 Required Notification of Rights to A Parent or Legal Guardian
CPS October 2023
Upon first contact, notify each parent or legal guardian of his or her rights prior to being interviewed in an alternative response case.
The caseworker must do the following with Form 3010 Notification of Rights (the form) prior to conducting an interview:
- Provide a copy of the form and A Guide to Alternative Response.
- Verbally review the form and A Guide to Alternative Response.
- Obtain a signed copy of the form.
- Mark the box on the form that reflects the refusal to sign, if the parent or legal guardian refuses to sign the form.
- Leave a copy of the form with the parent, legal guardian, or the attorney,
- Upload a copy of the form into OneCase.
- Document in IMPACT that the form and A Guide to Alternative Response were verbally reviewed and copies were provided.
New Allegations In an Open Alternative Response Case
If new allegations or a new incident of abuse or neglect is received during an open alternative response case that requires face-to-face contact, the caseworker must provide Form 3010 Notification of Rights and A Guide to Alternative Response.
2623.2 Contact with Collaterals
CPS May 2023
During the first face-to-face contact with the family, the caseworker must do all the following:
- Explain CPI’s responsibility to contact collaterals.
- Discuss who the caseworker will contact.
- Provide an opportunity for the family to offer input regarding collaterals to contact.
- Clarify the information the caseworker will request from collaterals.
2624 Ensuring Child Safety
CPS May 2018
See the Safety and Risk Assessment Resource Guide.
The caseworker must document an initial safety assessment within 24 hours of implementing a safety intervention regardless of whether or not the caseworker has interviewed or observed the children.
The caseworker must document an initial safety assessment within 24 hours of the priority response time when there was a face-to-face interview with or observation of at least one child.
If none of the children could be interviewed during the priority response time, the caseworker must document a safety assessment within 24 hours of a face-to-face interview with at least one child.
2624.1 Completing the Safety Reassessment
CPS May 2018
If a case remains open in the AR stage after the initial safety assessment, the caseworker continues to assess child safety throughout the case.
The caseworker must document a safety reassessment in any of the following situations:
• Before a child returns home from a parental child safety placement.
• When information on a household from a new intake with different allegations or incidents has been merged with the current AR case.
. • Prior to requesting a case extension in AR if more than 30 days has passed since the completion of the last safety assessment.
• Within 24 hours of any circumstance suggesting that the child’s safety may be jeopardized, including when a new danger indicator is identified, a previous danger indicator changes, or there is a change in safety intervention or safety decision.
• Before closing a case without ongoing Family-Based Safety Services (FBSS), if:
• the last safety finding was Safe and more than 60 days have passed since the last safety assessment was completed, or
• the last safety finding was Unsafe or Safe With a Plan, unless the family cannot be located.
• Before transferring an AR case to FBSS, if more than 60 days have passed since the last safety assessment was completed, unless:
• the FBSS caseworker has been working with the family and is aware that the child is safe;
• there have been no changes; and
• FBSS, AR, and the family all agree the safety plan is working.
2624.2 Supervisor’s 15 Day Review of AR Case Actions and Safety Decisions
CPS September 2019
No later than 15 calendar days from the date of intake, the supervisor reviews case documentation to ensure that the caseworker has completed the following:
• Attempted to contact or made contact with the reporter.
• Had quality face-to-face contact with all children and caregivers (or if contact has not been made, is making appropriate and continued efforts to make face-to-face contact). This does not apply to cases that are approved for administrative closure that do not require contact with the children.
• Completed all initial case tasks (See 2622 AR Initial Contacts and 2623 Initial Contact Tasks), unless the case is approved for a type of administrative closure that does not involve completing these tasks.
• Completed any required Safety Assessment tools (See 2271.1 Time Frames for Completing a Safety Assessment Tool).
• Taken any action needed to ensure child safety.
Documentation of Supervisor Review
After completing the 15 day review the supervisor documents in IMPACT completion of their review and any actions needed to address child safety.
This requirement applies to all cases open on the 15th day from the date of the intake, including intakes for which the plan is to administratively close.
For administratively closed cases that do not involve contact with the children, see 2655 Submitting a Case for Administrative Closure.
2624.3 Completing the Risk Assessment
CPS May 2018
The caseworker initiates the risk assessment as soon as possible after meeting with the family to ensure that any services and work with the family throughout the life of the AR case address risk concerns.
If the caseworker submits a case for any closure reason other than administrative closure, unable to locate, or transfer to investigation, the caseworker must complete the risk assessment.
If the risk assessment has a final risk level of High or Very High at the time of closure, the caseworker must:
• request an extension, if appropriate (See 2640 Extension); or
• recommend transfer of the case to FBSS, unless:
• actions taken by the family mitigate the concerns for future harm to the child as described in the exception rationale for opening risk-based cases, or
• the family is receiving or has been connected with community services that will address priority needs and contributing factors for safety and risk concerns.
2625 Ongoing Contacts
CPS May 2018
Seven Day Contact
Contact between the caseworker and the primary caregiver should occur at least once every seven days if the case is going to remain open. This contact must be pertinent to the family’s case and may be made face to face or by other means, such as a phone call, texting, or email.
The ongoing contacts at least every seven days are important to:
• continue the engagement and relationship building process with the family;
• support the family as they make changes to ensure child safety;
• make sure the family feels the caseworker’s presence, support, and interest in their well-being and the safety of the children in the home.
If there is not a reason to be involved with a family, then the caseworker:
• closes the case as soon as possible; and
• contacts the family to share the status of the case, if the caseworker is unable to close the case within seven days.
30 Day Contact
The caseworker must make a face-to-face contact with the family, including all children in the home, at least every 30 days. If a child is not present at the 30 day contact, the caseworker notifies his or her supervisor to discuss a plan for making contact with the child as soon as possible.
The caseworker continuously addresses AR eligibility concerns throughout the life of the AR case and must immediately consult with the supervisor if eligibility concerns arise.
2626 Alternative Response Family Plan
2626.1 Completing the Plan
CPS May 2018
If there are dangers in the home, the caseworker must complete a family plan and a safety plan. See 3200 CPS Actions When Danger to a Child is Present, under Safety Plan.
The caseworker and the family complete the AR family plan during a face-to-face visit within 21 days from the time the case is stage progressed to AR. The caseworker and the parents or caregivers document and sign the plan. The caseworker provides the family with a copy of the plan at the end of the visit. The caseworker initially gets verbal supervisor approval for the family plan during case discussions with the supervisor.
For further information, see the Alternative Response Resource Guide.
If there are no dangers, a family plan can still be completed, depending on the family’s needs.
A caseworker may continue to work an AR case if a completed safety assessment indicates no identified dangers and the following conditions are met:
• Evidence indicates that the family has experienced dangers (not currently active) in the past.
• CPI can identify services to improve general family functioning and overall protective actions within the standard AR case time frame.
2626.2 Documenting the Plan in IMPACT
CPS May 2018
The caseworker documents the process of developing the AR family plan in a contact in IMPACT.
CPI will monitor the family’s progress and compliance with the AR family plan during every contact with the family.
2626.3 Addressing Dangers to a Child
CPS May 2018
If dangers have been identified, the AR family plan must include tasks and activities to increase parent or caregiver protective actions to mediate those dangers. If any current dangers are identified after the AR family plan is created, the plan must be revised to include services, tasks, and activities to increase parent or caregiver protective actions related to the newly identified dangers.
If danger exists, at least some of the services provided must directly address protective actions related to that danger.
2630 Stage Progressing an AR Case to Traditional Investigation
CPS December 2021
During the life of an AR case, there are different points at which a decision may be made to stage progress the case to a traditional investigation depending on case circumstances and information obtained during assessments.
2631 When an AR Case Must be Progressed to Traditional Investigation
CPS December 2021
A case must be stage progressed from AR to the traditional investigation pathway if any of the following situations is discovered after the case is assigned to the AR pathway:
- A child fatality occurs due to abuse or neglect while the case is open.
- A child fatality occurred that has not been previously investigated.
- There is a danger to a vulnerable child and no parent or caregiver available to implement the protective actions needed to keep the child safe.
- CPI determines a child has died prior to the current case, the death was caused by physical abuse, and the designated perpetrator is currently part of the household.
- An allegation includes sexual abuse, forced marriage abuse, or sex or labor trafficking, and it has not been previously investigated.
- There is a serious physical injury. This includes a case where a child requires medical treatment, regardless of whether the caregiver sought medical treatment.
- A child under the age of 6 lives in the home and appears to be a victim of physical abuse.
- A child under the age of 6 lives in the home and is not listed as a victim on the intake but there are allegations of physical abuse or sexual abuse in the home.
- DFPS has had prior custody of a child living in the home, and that case was closed within the past two years.
- An allegation involves medical neglect of a child with a serious or chronic medical condition that could cause substantial or immediate harm if the child does not receive prescribed treatment for that condition and the parents are not seeking or following through with required treatment plan for the condition (for example, cerebral palsy, asthma, or diabetes). A case in which a child has a serious medical condition, but allegations are not related to medical neglect, is still appropriate for AR.
- An allegation arises involving manufacturing of illegal substances or involve an active drug raid.
- An allegation includes a situation in which a weapon or any item that could be used to inflict serious or potentially deadly harm has been used to threaten or harm someone else in the house. A case in which weapons are being used in self-directed threats or self-inflicted harm is still appropriate for AR.
- A previous case was closed with a disposition of UTC and the recommended action of Family Moved/Cannot Locate, and another report about the family is received within one year.
- A referral to FBSS is required.
- Legal orders are being requested to aid an investigation, remove the child from the home, or request court orders to participate in services. See 2636 Legal Orders to Participate in Services.
- If removal of a child is necessary which includes the presence of any of the removal circumstances listed in 2400 Referring a Case from Investigations to Voluntary or Court Ordered Family-Based Safety Services (FBSS).
2632 When an AR Case May be Progressed to Traditional Investigation
CPS December 2021
A case must be evaluated for possible stage progression from AR to a traditional investigation if any one of the following situations is discovered after the case is assigned to the AR pathway:
- A convicted sex offender lives in the home. The assessment must determine if the reason for the conviction could pose a danger to the child.
- A child under the age of 6 lives in the home and is considered a victim of abuse or neglect based on the assessment. If the allegations are not related to physical abuse or sexual abuse, the caseworker determines if the case will remain in AR.
- The family had a child fatality in a previous case and both of the following apply:
- The death was caused by some type of abuse or neglect (other than physical abuse).
- The designated perpetrator in the previous child fatality is part of the household in the current case.
If any of these were known at the time of intake, the case would not be eligible for AR. Circumstances vary in these types of situations, and the caseworker’s assessment must determine if the particular circumstances pose a danger to the child.
2633 Approval for Transferring a Case to Traditional Investigations
CPS December 2021
After Stage Progression by Screener
After a case is referred to AR from the Statewide Intake screener, the supervisor reviews the case. If the supervisor believes the case should have been routed to traditional investigations, the supervisor must get program director approval before stage progressing the case. The decision is documented in the AR case narrative in IMPACT.
After First Face-to-Face Contact
If the decision is made to transfer the case to a traditional investigation during or after completing the first face-to-face contact, the AR supervisor approves the transfer and the AR caseworker keeps the case. If the case is transferred to a traditional investigation and the AR caseworker is not going to keep the case, the program director must give approval for the supervisor to transfer the case and reassign it to an investigative caseworker. The decision is documented in the AR case narrative in IMPACT.
New Intake Received
If, during an open AR case, a new intake is received involving the same family, the supervisor determines if the new intake meets AR eligibility criteria. The supervisor must follow 2612 New Intakes on an Open Alternative Response Case.
See:
2631 When an AR Case Must be Progressed to Investigation
2632 When an AR Case May be Progressed to Investigation
2634 Stage Progression Time Frames
CPS December 2021
Once the supervisor approves the transfer of the AR case to a traditional investigation, the caseworker must do the following:
- Complete a face-to-face contact with any alleged victims that have not been seen to assess safety no later than five days from the date the case was stage progressed to AR.
- Immediately begin conducting traditional investigation activities.
- Progress the case to the Investigation stage in IMPACT within 24 hours.
See:
2200 Basic Investigation Process
2248 Interviews and Contact with Parents, Alleged Perpetrators, Other Adults, and Principals
2635 Referring a Case to Family Based Safety Services (FBSS)
CPS December 2021
If it is determined that a family requires Family Based Safety Services (FBSS), the AR case must be stage progressed to a traditional investigation using the INV – CPI Decision closure reason. The FBSS referral form is completed in the investigation stage. See 2400 Referring a Case from Investigations to Voluntary or Court Ordered Family-Based Safety Services (FBSS).
2636 Legal Orders to Participate in Services
CPS December 2021
When requesting a court order to participate in services, the case must be stage progressed to a traditional investigation. See 5160 Requesting a Court Order to Participate in Services.
2637 Parent or Caregiver Request for Reassignment
CPS December 2021
At any time during an AR case, the parent or caregiver about whom concerns of abuse or neglect have been reported has the option to request reassignment to the traditional investigation pathway. Parents or caregivers who are not involved in the concerns of abuse or neglect in the current report cannot request reassignment to the traditional pathway. Reporters also cannot request a specific pathway.
2640 Extension
CPS May 2018
For certain cases, a one-time 20 day extension is allowed, with supervisor approval. Staff may request a case extension at any time, but no later than 60 days from stage progression to AR.
2641 Criteria for Extension
CPS May 2018
To qualify for an extension, a case must meet at least one of the following criteria:
• The caseworker completed a safety reassessment on the household of concern within the last 30 days. The reassessment indicated there is a danger present in the child’s home. The caseworker and supervisor agree that the danger will be resolved such that the child will be safe and the case will be closed within the extension time frame, with no further CPI intervention.
• The risk level on the risk assessment for the family is high or very high. The caseworker and supervisor agree that the risk will be resolved such that the child will be safe and the case may be closed within the extension time frame, with no further CPI intervention.
2642 When Not to Allow Extension
CPS May 2018
The case is not eligible for an extension if the danger or the high or very high risk level cannot be resolved during the case extension time frame. The case must be progressed to FBSS, or staff should consider whether a removal is appropriate. A removal involves progressing the case to investigation as soon as possible.
2643 Extension Approval Time Frame
CPS May 2018
The supervisor must approve an extension request within 24 hours of submission, or the next business day.
2644 Closure Time Frames for Cases with Extension
CPS May 2018
If the supervisor approves a case extension:
• the caseworker must save and submit the AR case for closure within 80 days from stage progression to AR; and
• the supervisor must formally close the case, or transfer it to ongoing services, no later than 90 days from stage progression to AR.
2650 Case Closure
2651 Closure Time Frames
CPS May 2018
The caseworker must save and submit an AR case for closure no later than 60 days from stage progression to AR, unless an extension was approved.
The supervisor must formally close the case, or stage progress the case to ongoing services, no later than 70 days from stage progression to AR, unless an extension was approved.
2652 Alternative Response Case Closure Notifications
CPS September 2019
When Written Notification is Required
The caseworker must provide written notification within the following time frames:
• Within 24 hours of an administrative closure.
• Within 15 calendar days of all other types of AR case closure.
In any closure, including when the AR case is progressed to the FBSS stage, the caseworker must provide written notification to each of the following people (except as stated in 2652.1 Exceptions to Providing Case Closure Notifications):
• Each locatable and involved parent or other persons with primary or legal responsibility for each child in the case, including the household where there were alleged safety concerns.
• Each person who reported the alleged abuse or neglect, if DFPS knows this person’s identity and address.
DFPS Rules, 40 TAC §700.513; 40 TAC §700.567
2652.1 Exceptions to Providing Case Closure Notifications
CPS September 2019
When Written Notification is not Required
The caseworker is not required to provide notification of case closure if the caseworker could not reasonably locate the family during the AR case.
DFPS Rules, 40 TAC §700.513(d)(1)
When Written Notification is Prohibited
The caseworker must not provide notification of case closure to anyone in the following circumstances:
• The case is being administratively closed because it is being referred to another authorized entity, such as law enforcement or another state agency.
DFPS Rules, 40 TAC §700.513(d)(4)
• The caseworker determines that notice is likely to endanger any child in the home, a reporter, or anyone else who participated in the case.
DFPS Rules, 40 TAC §700.513(d)(2)
2653 Required Actions
CPS May 2018
Before closing an AR case, the caseworker must ensure both of the following actions have been completed:
• All allegations reported in the intake have been addressed with the family.
• All principal children have been interviewed or observed based upon the developmental level of each child.
2654 Resulting Actions
CPS March 2023
Based on the assessment results, one of the following actions must occur:
• The AR case is closed and CPI ceases intervention with the family.
• The AR case remains open in the AR stage to address safety and risk concerns or to provide services to the family to strengthen protective actions. The case may stay open up to and beyond the 60th day, if an extension is granted.
• The AR case is stage progressed to traditional investigations because new information, including any new dangers, renders the case unsuitable for AR.
• The AR case is stage progressed to FBSS because dangers that make the child unsafe in his or her home have been identified and those dangers cannot be adequately addressed within the standard or extended AR case time frame.
• There is high or very high risk identified in the family that cannot be mitigated.
• The AR case is routed to conservatorship (CVS) because the child is unsafe and a removal is necessary. To route an AR case to CVS, the AR case is first stage progressed to traditional investigations and then progressed to CVS. The AR caseworker continues to work the case as the primary caseworker while the case is in the traditional investigation pathway.
2655 Submitting an Alternative Response Case for Administrative Closure
CPS March 2023
The caseworker may submit an alternative response case to the supervisor for closure with the recommended action of Administrative Closure if the information gathered indicates that CPI’s involvement is not warranted.
Approval from both the supervisor and the program director is required for all administrative closures of cases.
When submitting an AR case for administrative closure, the following requirements apply:
- The caseworker documents all contacts, case history, case actions, and staffings (meetings) with the supervisor, following policy 2621 Documentation and Contact Entry.
- The caseworker staffs (meets to discuss) the case with the supervisor for administrative closure.
- If the supervisor approves, the supervisor assigns the case to the program director for secondary approval, then documents the supervisor’s approval in a contact narrative in IMPACT and approves the case in IMPACT.
- The program director reads the case and approves or rejects the case in IMPACT as the secondary approver.
2655.1 Close – ADMIN – Anonymous Report
CPS March 2023
The caseworker may submit an AR case to the supervisor for administrative closure at any time, if the reporter was anonymous and there is no evidence to support the allegations.
In this situation, the caseworker must do the following:
- Interview and examine all alleged victims.
- Complete all initial tasks in 2622 AR Initial Contacts and 2623 Initial Contact Tasks.
- Complete the Safety Assessment.
- Determine that the Risk Assessment is not required.
- Interview at least one parent of each alleged victim.
- Attempt to notify both parents of each alleged victim, following policy 2622.4 Notifying and Making Face-to-Face Contact with an Involved Parent.
- Conduct any required home visit, following policy 2623.1 Initial Tasks.
- Gather and review all information and determine that there is no evidence to support the allegations.
- Determine that a parent is willing and able to protect each alleged victim from future danger.
DFPS Rules, 40 TAC §707.489(b)(1)(D)
2655.2 Close – ADMIN – Refuting the Allegations
CPS March 2023
The caseworker may submit an AR case to the supervisor for administrative closure if all the allegations are refuted. For this type of administrative closure, the caseworker must submit the case no later than 15 days after the date of the intake.
All of the following criteria must apply for this type of administrative closure:
- No parent or caregiver in the home where the abuse or neglect was alleged was any of the following in a previous CPI case:
- A designated perpetrator in a case with a disposition of Reason to Believe for abuse or neglect.
- An alleged perpetrator in a case with a disposition of Unable to Determine for abuse or neglect.
- During the current case, DFPS has not received a new report of abuse or neglect involving any alleged victim in the case. A new report does not count for this purpose if it involves incidents and allegations that are already part of the case.
- The caseworker has not contacted any alleged victim or alleged perpetrator.
- The caseworker determines that no abuse or neglect occurred.
- The caseworker has contacted a professional or another credible source with direct knowledge about the alleged victim’s condition who has provided information about the allegations and the current safety of the alleged victim. This source may be the reporter if the person provides new information that is not in the report about the allegations and current safety of the alleged victim.
DFPS Rules, 40 TAC §707.489 (b)(1)(A-D)
Texas Family Code §261.3018(e) defines “professional” as a person who meets both of the following criteria:
- Is licensed or certified by the state, or is an employee of a facility that is licensed, certified, or operated by the state.
- Has direct contact with children in the normal course of the person’s job duties.
2655.3 Close – ADMIN – Lacks Authority
CPS March 2023
The caseworker may submit an AR case to the supervisor for administrative closure if CPI lacks authority to address the allegations. For this type of administrative closure, the caseworker must submit the case no later than seven calendar days after determining that this reason applies.
One of the following criteria must apply for this type of administrative closure:
- CPI does not have jurisdiction to address the allegations (by investigating or doing alternative response) because another authorized entity, such as law enforcement, another state agency, or another DFPS program, has jurisdiction to investigate. See When Written Notification is Prohibited in 2652.1 Exceptions to Providing Case Closure Notifications.
- There is evidence to support that the alleged victim was not a child at the time of the alleged abuse or neglect or was not born alive.
- The abuse or neglect, danger, or risk of abuse or neglect is not occurring in Texas and did not occur in Texas. See 2372 Out-of-State Abuse or Neglect Incidents.
- The alleged perpetrator is younger than age 10.
DFPS Rules, 40 TAC §707.489(b)(1)(C)
DFPS Rules, 40 TAC §707.497(a)(1)
2655.4 Close – ADMIN – Already Investigated
CPS March 2023
The caseworker may submit an AR case or a new Priority 1 investigation received during an open AR case to the supervisor for administrative closure if all the allegations have already been investigated (or addressed in AR). For this type of administrative closure, the caseworker must submit the case no later than seven calendar days after determining that this reason applies.
Both of the following criteria must apply for this type of administrative closure:
- CPI has already investigated the same incidents and the same allegations in a previous case, or the incidents and allegations are currently being addressed in an open Alternative Response case.
- There are no new incidents or new allegations.
DFPS Rules, 40 TAC §707.489(b)(1)(A)
In this situation, the caseworker must do the following:
- Document the case number of the previous case or open AR case (in a contact in the case being closed) and explain how the information in the new report was addressed in the previous case or open AR case.
- Merge the case being closed with the previous case or open AR case.
2700 Eligibility for Emergency Assistance
CPS April 2023
The caseworker determines whether the child is eligible for emergency assistance if both of the following apply:
- The case is in a traditional investigation or an alternative response stage.
- The risk level is High or Very High.
To determine eligibility for emergency assistance, the caseworker assesses the following information and documents it in IMPACT:
- Total annual gross income of the household of concern. See Emergency Assistance Eligibility Resource Guide.
- Risk level in the case.
- Who the child lived with (such as a parents or relatives) when DFPS determined that the risk level was High or Very High, or who the child lived with during the previous six-month period.
- Whether the caseworker has information suggesting that a caregiver’s refusal to accept employment or training for employment directly caused the risk of abuse or neglect.
If DFPS plans to stage progress from the Alternative Response stage to a traditional investigation, the caseworker documents whether the child is eligible for emergency assistance only in the Investigation stage.
See the Emergency Assistance Eligibility Resource Guide for templates and procedures.
When the caseworker is unable to obtain information about income because the parent or legal guardian is unavailable or refuses to provide it, the caseworker does the following in IMPACT:
- Documents the refusal or unavailability.
- Selects family refuses to disclose from the drop-down menu in the EA Eligibility Application/Determination section of the Investigation Conclusion page.
If DFPS Has Removed a Child
If during the investigation DFPS removes a child from the home, the caseworker must use the EA eligibility income information they’ve gathered to complete the Foster Care Assistance Application (FCAA), so there are no discrepancies.
If the EA eligibility income information has not been gathered at time the removal, the caseworker must gather the information immediately and complete both the EA eligibility template and the Foster Care Assistance Application (FCAA).
Supervisor Approval
The supervisor must confirm the EA template is documented in IMPACT and the income information is accurate before closing the stage.