reglab/housing_qa huggingface dataset:
TX Fam Code § 261.3027 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.3027. Notice of Right to Record Interview

Sec. 261.3027.  NOTICE OF RIGHT TO RECORD INTERVIEW.  (a)  Before conducting an interview with an alleged perpetrator, the department shall inform the person orally and in writing that:(1)  the person may create an audio or video recording of the interview but may not record the interview in any other manner;(2)  any audio or video recording made by the person may be subject to subpoena under a court order; and(3)  the person may request and receive a copy of the department's current recording policy.(b)  The department shall document in the case file that the department provided the notice required by Subsection (a).(c)  The department shall provide two copies of the written notice to be signed by the person.  The department shall provide one signed notice to the person and retain the other signed notice in the case file.(d)  An audio or video recording of the department's interview with an alleged perpetrator may not be posted on an Internet website in a manner that could identify a party involved in the interview.|Added by Acts 2021, 87th Leg., R.S., Ch. 789 (H.B. 135), Sec. 1, eff. September 1, 2021.|
TX Fam Code § 261.303 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.303. Interference With Investigation; Court Order

Sec. 261.303.  INTERFERENCE WITH INVESTIGATION;  COURT ORDER.  (a)  A person may not interfere with an investigation of a report of child abuse or neglect conducted by the department.(b)  If admission to the home, school, or any place where the child may be cannot be obtained, then for good cause shown the court having family law jurisdiction shall order the parent, the person responsible for the care of the children, or the person in charge of any place where the child may be to allow entrance for the interview, examination, and investigation.(c)  If a parent or person responsible for the child's care does not consent to release of the child's prior medical, psychological, or psychiatric records or to a medical, psychological, or psychiatric examination of the child that is requested by the department, the court having family law jurisdiction shall, for good cause shown, order the records to be released or the examination to be made at the times and places designated by the court.(d)  A person, including a medical facility, that makes a report under Subchapter B shall release to the department, as part of the required report under Section 261.103, records that directly relate to the suspected abuse or neglect without requiring parental consent or a court order.  If a child is transferred from a reporting medical facility to another medical facility to treat the injury or condition that formed the basis for the original report, the transferee medical facility shall, at the department's request, release to the department records relating to the injury or condition without requiring parental consent or a court order.(e)  A person, including a utility company, that has confidential locating or identifying information regarding a family that is the subject of an investigation under this chapter shall release that information to the department on request.  The release of information to the department as required by this subsection by a person, including a utility company, is not subject to Section 552.352, Government Code, or any other law providing liability for the release of confidential information.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 96, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1150, Sec. 5, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1390, Sec. 24, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 6, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.133, eff. April 2, 2015.|
TX Fam Code § 261.3031 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.3031. Failure to Cooperate With Investigation; Department Response

Sec. 261.3031.  FAILURE TO COOPERATE WITH INVESTIGATION; DEPARTMENT RESPONSE.  (a)  If a parent or other person refuses to cooperate with the department's investigation of the alleged abuse or neglect of a child and the refusal poses a risk to the child's safety, the department shall seek assistance from the appropriate attorney with responsibility for representing the department as provided by Section 264.009 to obtain a court order as described by Section 261.303.(b)  A person's failure to report to an agency authorized to investigate abuse or neglect of a child within a reasonable time after receiving proper notice constitutes a refusal by the person to cooperate with the department's investigation.  A summons may be issued to locate the person.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.23, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 7, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.134, eff. April 2, 2015.|
TX Fam Code § 261.3032 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.3032. Interference With Investigation; Criminal Penalty

Sec. 261.3032.  INTERFERENCE WITH INVESTIGATION; CRIMINAL PENALTY.  (a)  A person commits an offense if, with the intent to interfere with the department's investigation of a report of abuse or neglect of a child, the person relocates the person's residence, either temporarily or permanently, without notifying the department of the address of the person's new residence or conceals the child and the person's relocation or concealment interferes with the department's investigation.(b)  An offense under this section is a Class B misdemeanor.(c)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.24, eff. September 1, 2005.|
TX Fam Code § 261.304 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.304. Investigation of Anonymous Report

Sec. 261.304.  INVESTIGATION OF ANONYMOUS REPORT.  (a)  If the department receives an anonymous report of child abuse or neglect by a person responsible for a child's care, custody, or welfare, the department shall conduct a preliminary investigation to determine whether there is any evidence to corroborate the report.(b)  An investigation under this section may include a visit to the child's home, unless the alleged abuse or neglect can be confirmed or clearly ruled out without a home visit, an interview with and examination of the child, and an interview with the child's parents.  In addition, the department may interview any other person the department believes may have relevant information.(c)  Unless the department determines that there is some evidence to corroborate the report of abuse, the department may not conduct the thorough investigation required by this chapter or take any action against the person accused of abuse.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.Amended by: Acts 2017, 85th Leg., R.S., Ch. 416 (S.B. 1063), Sec. 1, eff. September 1, 2017.|
TX Fam Code § 261.305 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.305. Access to Mental Health Records

Sec. 261.305.  ACCESS TO MENTAL HEALTH RECORDS.  (a)  An investigation may include an inquiry into the possibility that a parent or a person responsible for the care of a child who is the subject of a report under Subchapter B has a history of medical or mental illness.(b)  If the parent or person does not consent to an examination or allow the department to have access to medical or mental health records requested by the department, the court having family law jurisdiction, for good cause shown, shall order the examination to be made or that the department be permitted to have access to the records under terms and conditions prescribed by the court.(c)  If the court determines that the parent or person is indigent, the court shall appoint an attorney to represent the parent or person at the hearing. The fees for the appointed attorney shall be paid as provided by Chapter 107.(d)  A parent or person responsible for the child's care is entitled to notice and a hearing when the department seeks a court order to allow a medical, psychological, or psychiatric examination or access to medical or mental health records.(e)  This access does not constitute a waiver of confidentiality.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 575, Sec. 15, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1150, Sec. 6, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1390, Sec. 25, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.135, eff. April 2, 2015.|
TX Fam Code § 261.306 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.306. Removal of Child From State

Sec. 261.306.  REMOVAL OF CHILD FROM STATE.  (a)  If the department has reason to believe that a person responsible for the care, custody, or welfare of the child may remove the child from the state before the investigation is completed, the department may file an application for a temporary restraining order in a district court without regard to continuing jurisdiction of the child as provided in Chapter 155.(b)  The court may render a temporary restraining order prohibiting the person from removing the child from the state pending completion of the investigation if the court:(1)  finds that the department has probable cause to conduct the investigation; and(2)  has reason to believe that the person may remove the child from the state.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.136, eff. April 2, 2015.|
TX Fam Code § 261.3071 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.3071. Informational Manuals

Sec. 261.3071.  INFORMATIONAL MANUALS.  (a)  In this section:(1)  "Designated caregiver" and "relative caregiver" have the meanings assigned those terms by Section 264.751.(2)  "Voluntary caregiver" means a person who voluntarily agrees to provide temporary care for a child:(A)  who is the subject of an investigation by the department or whose parent, managing conservator, possessory conservator, guardian, caretaker, or custodian is receiving family-based safety services from the department;(B)  who is not in the conservatorship of the department; and(C)  who is placed in the care of the person by the parent or other person having legal custody of the child.(b)  The department shall develop and publish informational manuals that provide information for:(1)  a parent or other person having custody of a child who is the subject of an investigation under this chapter;(2)  a person who is selected by the department to be the child's relative or designated caregiver; and(3)  a voluntary caregiver.(c)  Information provided in the manuals must be in both English and Spanish and must include, as appropriate:(1)  useful indexes of information such as telephone numbers;(2)  the information required to be provided under Section 261.307(a)(1);(3)  information describing the rights and duties of a relative or designated caregiver;(4)  information regarding:(A)  the relative and other designated caregiver program under Subchapter I, Chapter 264, and the option for the relative or other designated caregiver to become verified by a licensed child-placing agency to operate an agency foster home, if applicable; and(B)  the permanency care assistance program under Subchapter K, Chapter 264; and(5)  information regarding the role of a voluntary caregiver, including information on how to obtain any documentation necessary to provide for a child's needs.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.26, eff. September 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 825 (S.B. 1723), Sec. 1, eff. June 19, 2009.Acts 2019, 86th Leg., R.S., Ch. 375 (H.B. 1884), Sec. 1, eff. September 1, 2019.|
TX Fam Code § 261.308 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.308. Submission of Investigation Report

Sec. 261.308.  SUBMISSION OF INVESTIGATION REPORT.  (a)  The department shall make a complete written report of the investigation.(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(9), eff. September 1, 2015.(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(9), eff. September 1, 2015.(d)  The department shall release information regarding a person alleged to have committed abuse or neglect to persons who have control over the person's access to children, including, as appropriate, the Texas Education Agency, the State Board for Educator Certification, the local school board or the school's governing body, the superintendent of the school district, the public school principal or director, the director of the open-enrollment charter school, or the chief executive officer of the private school if the department determines that:(1)  the person alleged to have committed abuse or neglect poses a substantial and immediate risk of harm to one or more children outside the family of a child who is the subject of the investigation; and(2)  the release of the information is necessary to assist in protecting one or more children from the person alleged to have committed abuse or neglect.(e)  On request, the department shall release information about a person alleged to have committed abuse or neglect to the State Board for Educator Certification if the board has a reasonable basis for believing that the information is necessary to assist the board in protecting children from the person alleged to have committed abuse or neglect.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 97, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 13, eff. June 15, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.137, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(9), eff. September 1, 2015.Acts 2019, 86th Leg., R.S., Ch. 987 (S.B. 1231), Sec. 2, eff. September 1, 2019.|
TX Fam Code § 261.309 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.309. Review of Department Investigations

Sec. 261.309.  REVIEW OF DEPARTMENT INVESTIGATIONS.  (a)  The executive commissioner shall by rule establish policies and procedures to resolve complaints relating to and conduct reviews of child abuse or neglect investigations conducted by the department.(b)  If a person under investigation for allegedly abusing or neglecting a child requests clarification of the status of the person's case or files a complaint relating to the conduct of the department's staff or to department policy, the department shall conduct an informal review to clarify the person's status or resolve the complaint.  The division of the department responsible for investigating complaints shall conduct the informal review as soon as possible but not later than the 14th day after the date the request or complaint is received.(c)  If, after the department's investigation, the person who is alleged to have abused or neglected a child disputes the department's determination of whether child abuse or neglect occurred, the person may request an administrative review of the findings.  A department employee in administration who was not involved in or did not directly supervise the investigation shall conduct the review.  The review must sustain, alter, or reverse the department's original findings in the investigation.(d)  The department employee shall conduct the review prescribed by Subsection (c) as soon as possible but not later than the 45th day after the date the department receives the request, unless the department has good cause for extending the deadline.  If a civil or criminal court proceeding or an ongoing criminal investigation relating to the alleged abuse or neglect investigated by the department is pending, the department may postpone the review until the court proceeding is completed.(e)  A person is not required to exhaust the remedies provided by this section before pursuing a judicial remedy provided by law.(f)  This section does not provide for a review of an order rendered by a court.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.138, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 21, eff. September 1, 2015.|
TX Fam Code § 261.3091 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.3091. Notice of Right to Request Administrative Review

Sec. 261.3091.  NOTICE OF RIGHT TO REQUEST ADMINISTRATIVE REVIEW.  (a)  Before conducting an interview with an alleged perpetrator, the department shall notify the person in writing that the person may request an administrative review of the department's findings under Section 261.309.  The person shall sign the written notice to acknowledge receipt of the notice.(b)  The department shall document in the case file that the department provided the notice required by Subsection (a).|Added by Acts 2021, 87th Leg., R.S., Ch. 789 (H.B. 135), Sec. 2, eff. September 1, 2021.|
TX Fam Code § 261.310 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.310. Investigation Standards

Sec. 261.310.  INVESTIGATION STANDARDS.  (a)  The executive commissioner shall by rule develop and adopt standards for persons who investigate suspected child abuse or neglect at the state or local level.  The standards shall encourage professionalism and consistency in the investigation of suspected child abuse or neglect.(b)  The standards must provide for a minimum number of hours of annual professional training for interviewers and investigators of suspected child abuse or neglect.(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(10), eff. September 1, 2015.(d)  The standards shall:(1)  recommend that videotaped and audiotaped interviews be uninterrupted;(2)  recommend a maximum number of interviews with and examinations of a suspected victim;(3)  provide procedures to preserve evidence, including the original recordings of the intake telephone calls, original notes, videotapes, and audiotapes, for one year; and(4)  provide that an investigator of suspected child abuse or neglect make a reasonable effort to locate and inform each parent of a child of any report of abuse or neglect relating to the child.(e)  The department, in conjunction with the Department of Public Safety, shall provide to the department's residential child-care facility licensing investigators advanced training in investigative protocols and techniques.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.27, eff. September 1, 2005.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.139, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(10), eff. September 1, 2015.|
TX Fam Code § 261.311 (2021)
2021 Texas Statutes|Family Code|Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship|Subtitle E - Protection of the Child|Chapter 261 - Investigation of Report of Child Abuse or Neglect|Subchapter D. Investigations|Section 261.311. Notice of Report

Sec. 261.311.  NOTICE OF REPORT.  (a)  When during an investigation of a report of suspected child abuse or neglect a representative of the department conducts an interview with or an examination of a child, the department shall make a reasonable effort before 24 hours after the time of the interview or examination to notify each parent of the child and the child's legal guardian, if one has been appointed, of the nature of the allegation and of the fact that the interview or examination was conducted.(b)  If a report of suspected child abuse or neglect is administratively closed by the department as a result of a preliminary investigation that did not include an interview or examination of the child, the department shall make a reasonable effort before the expiration of 24 hours after the time the investigation is closed to notify each parent and legal guardian of the child of the disposition of the investigation.(c)  The notice required by Subsection (a) or (b) is not required if the department or agency determines that the notice is likely to endanger the safety of the child who is the subject of the report, the person who made the report, or any other person who participates in the investigation of the report.(d)  The notice required by Subsection (a) or (b) may be delayed at the request of a law enforcement agency if notification during the required time would interfere with an ongoing criminal investigation.|Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 74, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.140, eff. April 2, 2015.|