Handbook Revision, September 15, 2021

These revisions of the Child Protective Services Handbook were published on September 15, 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

None

Child Protective Investigations Revisions

Removal of a Child (PATS 13260)

Section 3220 has been updated to include reference to nonemergency policy and to the Indian Child Welfare Act in the case of a lawsuit.

The removal sections in 5400 have been updated with a reference to the Indian Child Welfare Act, adding information about the following:

  • Obtaining information to complete the placement authorization.
  • Forms to designate a medical consenter and education decision-maker.

This revision also deletes the nonemergency removal sections of policy and makes other updates.

See:

3220 Taking Legal Custody of a Child

3221 Notification and Conservatorship Assignment of Conservatorship Caseworker

3222 Diligent Search for Possible Relative or Fictive Kin Placement

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5411 Obtaining a Court Order before Conducting an Emergency Removal

5411.1 Determining Whether to Conduct an Emergency Removal with a Court Order

5411.2 5411.1 Standard for Obtaining a Court Order before Conducting an Emergency Removal

5411.3 5411.2 Basic Process for Obtaining a Court Order before Conducting an Emergency Removal

5411.3 Standards for the Court’s Decision for Granting an Order to Remove the Child in an Emergency

5412 Conducting an Emergency Removal before Obtaining a Court Order

5412.1 Standard for Conducting an Emergency Removal before Obtaining a Court Order

5412.11 Exigent Circumstances and Imminent Danger

5412.2 Basic Process for Conducting an Emergency Removal before Obtaining a Court Order

5412.3 Standards for the Court’s Decision at the Emergency Hearing After Removal

5412.3 5412.4 Process When an Emergency Hearing Required Time Frame for Ex Parte Emergency Hearing and Steps to Take If Hearing Is Not Held wWithin the Required Time Frame

5413 Conducting a Nonemergency Removal

5413.1 Standard When Conducting a Nonemergency Removal

5413.2 Basic Process When Conducting a Nonemergency Removal

5413 5414 Obtaining a Waiver of the Requirement to Provide Notice of Removal

5414 5415 Rescinding the Decision for Emergency or Nonemergency Removal

Recording Interviews (PATS 13573)

This handbook revision addresses requirements in House Bill 135 from the 87th Texas Legislature. Before the interview of the alleged perpetrator, DFPS (CPI and CCI) must inform the alleged perpetrator verbally and in writing that he or she has the right to create an audio or video recording of the interview, but it would be subject to subpoena.

See:

2248 Interviews and Contact with Parents, Alleged Perpetrators, Other Adults, and Principals

2248.1 Interviewing Parents and Alleged Perpetrators

2248.11 Assessing Communication Needs when Interviewing an Adult

2248.2 Notice of Right to Record an Alleged Perpetrator’s Interview

2248.3 2248.2 Recording Interviews of an Adult

2248.4 2248.3 Obtaining Demographic Information from Principals

2248.5 2248.4 Required Documents to Provide to Parents

2248.6 2248.5 Complaints or Requests for Clarification from Alleged Perpetrators or Principal Adults

2248.7 2248.6 Determining Alleged Perpetrator’s Military Status

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2320 School Investigations

2321 Criteria for a School Investigation

2322 Actions Required before Starting a School Investigation

2323 Required Actions in School Investigations

2324 Schools Not Under the Jurisdiction of the Texas Education Agency (TEA)

2325 Danger to a Child during a School Investigation

2326 Completion and Closure of a School Investigation

2327 Release of the School Investigation Report