Handbook Revision, June 1, 2021

These revisions of the Child Protective Services Handbook were published on June 1, 2021.

On September 1, 2017, the investigations branch of CPS became a separate division named Child Protective Investigations (CPI). Until CPI develops its own policy handbook, investigation policies and procedures will remain in the CPS handbook.

See:

Child Protective Services Revisions

Child Protective Investigations Revisions

Child Protective Services Revisions

Legal Foundation for Child Protective Services (PATS 12627)

This handbook revision updates policy relating to the legal foundation for Child Protective Services.

See:

1200 Legal Foundation Bases for Child Protective Investigations and Child Protective Services

1210 Governing State Laws Governing DFPS

1211 Texas Human Resources Code

1212 Texas Family Code

1212.1 Texas Family Code Chapter 261 (Legal Definitions of Abuse and Neglect)

1212.2 Texas Family Code Chapter 262 (Removal of Neglected Children)

1212.3 Texas Family Code Chapter 263 (Review of Placement of Children Under in DFPS Conservatorship)

1212.4 Texas Family Code Chapter 264 (Child Welfare Services Protection of Children in Conservatorship or Substitute Care)

1212.5 Texas Family Code Chapter 266 (Medical Care and Educational Services for Children in DFPS Conservatorship Medical Care and Health Passports for Children Under DFPS Conservatorship)

1213 Texas Administrative Code

1220 The U.S. Constitution and Governing Federal Laws

1221 Constitutional Protections Under the Fourth Amendment

1221.1 Definitions of Search and Seizure

1221.2 Definition of Imminent and Exigent

1221 1222 Federal Funding Under the Social Security Act

1221.1 1222.1 Title IV-A and Temporary Assistance for Needy Families

1221.2 1222.2 Title IV-B Child Welfare Services

1221.21 1222.21 Title IV-B, Subpart 1 (The Stephanie Tubbs Jones Child Welfare Services Program)

1221.22 1222.22 Title IV-B, Subpart 2 (Promoting Safe and Stable Families)

1222 1223 Title IV-E, Federal Payments for Foster Care, Adoption Assistance, and PCA Payments

1223 1224 Child Abuse Prevention and Treatment Act (CAPTA)

1224 1225 Indian Child Welfare Act

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Definitions of Terms

CPS Releasing Information and Using Children’s Photos (PATS 12677)

This update streamlines the section of policy about releasing information and using children’s photos. This revision also includes the sections about closing cases, records retention, and case conferences.

Note: The sections about Disability Rights Texas and releasing information to military personnel have been renumbered but not revised.

See:

1453.6 Releasing Information to Court-Appointed Attorneys and Guardians Ad Litem

1453.61 1453.7 Sharing Information With Releasing Information to Court-Appointed Special Advocates CASA Staff and Volunteers

1453.7 1453.8 Protecting Locating Information of Family Violence Victims of Family Violence, Sexual Assault or Abuse, Trafficking, or Stalking

1454 Releasing Information to Obtain Services for the Child

1454.1 Releasing Information to the Caregiver of a Child in Conservatorship

1454.2 Releasing Information Dduring Family Meetings

1454.3 Releasing Information to Access Health Care or Social Services

1454.31 Releasing Information on a Child Not in DFPS Conservatorship

1454.32 Releasing Information on a Child in Conservatorship

1454.4 Releasing Information to Access Education Services

1454.41 Releasing Information on a Child Not in DFPS Conservatorship

1455.42 Releasing Information on a Child in Conservatorship

1454.5 Releasing Information to Adoptive or Prospective Adoptive or Adoptive Parents

1454.6 Sharing Information with Juvenile Service Certain Providers Who Serve Children and Youth

1454.7 Sharing Information with Texas State and Local Juvenile Justice Agencies

1455 Releasing or Using Children’s Photographs or and Images

1455.1 DFPS and the Child’s Consent Required

1455.1 When Children May Release or Use Photos of Themselves

1455.2 When a Caregiver May Release or Use Photos of the Child

1455.11 Exception When Only the Child’s Consent Is Required

1455.3 1455.12 Exception When the Child’s Consent Is Not Required for Use of Photos

1456 Special Types of Information or Situations

1456.1 Release of Information on a Child Fatality Investigation

1456.2 Release of Abortion Information

1456.21 Releasing Abortion Information on a Child Not in DFPS Conservatorship

1456.22 Releasing Abortion Information on a Child in Conservatorship

1456.3 HIV Information

1456.4 Drug or Alcohol Treatment Records Pertaining to about a Child

1456.5 Privileged Communications

1456.5 1456.6 Disability Rights Texas

1456.6 1456.7 Releasing Information to Military Personnel

1456.7 1456.8 Media Inquiries or and Requests from Legislative Offices

1457 Subpoenas

1458 Public Information (Open Records) Requests

1460 Closing Cases

1461 Phase 1: Discontinuing Services

1461 1462 Phase 2: Closing a Cases in IMPACT

1462 1463 Phase 3: Preparing the Paper File (External Record)

1462.1 1463.1 Unit Staff Responsibilities

1462.2 1463.2 Items Retained in the Paper Case File External Record

1462.3 1463.3 Items Returned to the Child When a Conservatorship Case Is Closed

1463.4 Items Removed From the File When Closing FBSS or Conservatorship Cases

1464 Administrative Closure of Cases

1470 Retention and Disposal Disposition of Case Information

1480 Workload Management System

1480 1481 Workload Management – Case Conferences and Supportive Supervision

Child Protective Investigations Revisions

Interviews with Children (PATS 12272)

This policy revision adds a section to state that the caseworker documents which person gave consent for the interview and audio recording of the child as an alleged perpetrator.

See:

2244.8 Interviews with a Child Who Is Alleged to Be a Victim and a Perpetrator