reglab/statecodes huggingface dataset:
2023 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 B. Report of Abuse or Neglect; Immunities › Section 261.108. Frivolous Claims Against Person Reporting

Sec. 261.108.  FRIVOLOUS CLAIMS AGAINST PERSON REPORTING.  (a)  In this section:
(1)  "Claim" means an action or claim by a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, requesting recovery of damages.
(2)  "Defendant" means a party against whom a claim is made.
(b)  A court shall award a defendant reasonable attorney's fees and other expenses related to the defense of a claim filed against the defendant for damages or other relief arising from reporting or assisting in the investigation of a report under this chapter or participating in a judicial proceeding resulting from the report if:
(1)  the court finds that the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106;  and
(2)  the claim is dismissed or judgment is rendered for the defendant.
(c)  To recover under this section, the defendant must, at any time after the filing of a claim, file a written motion stating that:
(1)  the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under Section 261.106;  and
(2)  the defendant requests the court to award reasonable attorney's fees and other expenses related to the defense of the claim.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 B. Report of Abuse or Neglect; Immunities › Section 261.109. Failure to Report; Penalty

Sec. 261.109.  FAILURE TO REPORT;  PENALTY.  (a)  A person commits an offense if the person is required to make a report under Section 261.101(a) and knowingly fails to make a report as provided in this chapter.
(a-1)  A person who is a professional as defined by Section 261.101(b) commits an offense if the person is required to make a report under Section 261.101(b) and knowingly fails to make a report as provided in this chapter.
(b)  An offense under Subsection (a) is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the child was a person with an intellectual disability who resided in a state supported living center, the ICF-IID component of the Rio Grande State Center, or a facility licensed under Chapter 252, Health and Safety Code, and the actor knew that the child had suffered serious bodily injury as a result of the abuse or neglect.
(c)  An offense under Subsection (a-1) is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the actor intended to conceal the abuse or neglect.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 5, eff. June 11, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 290 (H.B. 1205), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.126, eff. April 2, 2015.
2023 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 B. Report of Abuse or Neglect; Immunities › Section 261.111. Refusal of Psychiatric or Psychological Treatment of Child

Sec. 261.111.  REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT OF CHILD.  (a)  In this section, "psychotropic medication" has the meaning assigned by Section 266.001.
(b)  The refusal of a parent, guardian, or managing or possessory conservator of a child to administer or consent to the administration of a psychotropic medication to the child, or to consent to any other psychiatric or psychological treatment of the child, does not by itself constitute neglect of the child unless the refusal to consent:
(1)  presents a substantial risk of death, disfigurement, or bodily injury to the child; or
(2)  has resulted in an observable and material impairment to the growth, development, or functioning of the child.
Added by Acts 2003, 78th Leg., ch. 1008, Sec. 3, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.127, eff. April 2, 2015.
2023 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 C. Confidentiality and Privileged Communication › Section 261.202. Privileged Communication

Sec. 261.202.  PRIVILEGED COMMUNICATION.  In a proceeding regarding the abuse or neglect of a child, evidence may not be excluded on the ground of privileged communication except in the case of communications between an attorney and client.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 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 C. Confidentiality and Privileged Communication › Section 261.204. Annual Child Fatality Report

Sec. 261.204.  ANNUAL CHILD FATALITY REPORT.  (a)  Not later than March 1 of each year, the department shall publish an aggregated report using information compiled from each child fatality investigation for which the department made a finding regarding abuse or neglect, including cases in which the department determined the fatality was not the result of abuse or neglect.  The report must protect the identity of individuals involved and contain the following information:
(1)  the age and sex of the child and the county in which the fatality occurred;
(2)  whether the state was the managing conservator of the child or whether the child resided with the child's parent, managing conservator, guardian, or other person entitled to the possession of the child at the time of the fatality;
(3)  the relationship to the child of the individual alleged to have abused or neglected the child, if any;
(4)  the number of any department abuse or neglect investigations involving the child or the individual alleged to have abused or neglected the child during the two years preceding the date of the fatality and the results of the investigations;
(5)  whether the department offered family-based safety services or conservatorship services to the child or family;
(6)  the types of abuse and neglect alleged in the reported investigations, if any; and
(7)  any trends identified in the investigations contained in the report.
(b)  The report published under Subsection (a) must:
(1)  accurately represent all abuse-related and neglect-related child fatalities in this state, including child fatalities investigated under Subchapter F, Chapter 264, and other child fatalities investigated by the department; and
(2)  aggregate the fatalities by investigative findings and case disposition, including the following dispositions:
(A)  abuse and neglect ruled out;
(B)  unable to determine cause of death;
(C)  reason to believe abuse or neglect occurred;
(D)  reason to believe abuse or neglect contributed to child's death;
(E)  unable to complete review; and
(F)  administrative closure.
(c)  The department may release additional information in the annual report if the release of the information is not prohibited by state or federal law.
(d)  The department shall post the annual report on the department's Internet website and otherwise make the report available to the public.
(e)  The executive commissioner of the Health and Human Services Commission may adopt rules to implement this section.
(f)  At least once every 10 years, the department shall use the information reported under this section to provide guidance for possible department policy changes.
Added by Acts 2015, 84th Leg., R.S., Ch. 253 (S.B. 949), Sec. 2, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 1, eff. September 1, 2017.
2023 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 261.3011. Joint Investigation Guidelines and Training

Sec. 261.3011.  JOINT INVESTIGATION GUIDELINES AND TRAINING.  (a)  The department shall, in consultation with the appropriate law enforcement agencies, develop guidelines and protocols for joint investigations by the department and the law enforcement agency under Section 261.301.  The guidelines and protocols must:
(1)  clarify the respective roles of the department and law enforcement agency in conducting the investigation;
(2)  require that mutual child protective services and law enforcement training and agreements be implemented by both entities to ensure the integrity and best outcomes of joint investigations; and
(3)  incorporate the use of forensic methods in determining the occurrence of child abuse and neglect.
(b)  The department shall collaborate with law enforcement agencies to provide to department investigators and law enforcement officers responsible for investigating reports of abuse and neglect joint training relating to methods to effectively conduct joint investigations under Section 261.301.  The training must include information on interviewing techniques, evidence gathering, and testifying in court for criminal investigations, as well as instruction on rights provided by the Fourth Amendment to the United States Constitution.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.17, eff. September 1, 2005.
2023 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 261.3013. Case Closure Agreements Prohibited

Sec. 261.3013.  CASE CLOSURE AGREEMENTS PROHIBITED.  (a)  Except as provided by Subsection (b), on closing a case, the department may not enter into a written agreement with a child's parent or another adult with whom the child resides that requires the parent or other adult to take certain actions after the case is closed to ensure the child's safety.
(b)  This section does not apply to an agreement that is entered into by a parent or other adult:
(1)  following the removal of a child and that is subject to the approval of a court with continuing jurisdiction over the child;
(2)  as a result of the person's participation in family group conferencing; or
(3)  as part of a formal case closure plan agreed to by the person who will continue to care for a child as a result of a parental child safety placement.
(c)  The department shall develop policies to guide caseworkers in the development of case closure agreements authorized under Subsections (b)(2) and (3).
Added by Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 1, eff. September 1, 2011.
2023 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 261.3015. Alternative Response System

Sec. 261.3015.  ALTERNATIVE RESPONSE SYSTEM.  (a)  In assigning priorities and prescribing investigative procedures based on the severity and immediacy of the alleged harm to a child under Section 261.301(d), the department shall establish an alternative response system to allow the department to make the most effective use of resources to investigate and respond to reported cases of abuse and neglect.
(b)  Notwithstanding Section 261.301, the department may, in accordance with this section and department rules, conduct an alternative response to a report of abuse or neglect if the report does not:
(1)  allege sexual abuse of a child;
(2)  allege abuse or neglect that caused the death of a child; or
(3)  indicate a risk of serious physical injury or immediate serious harm to a child.
(c)  The department may administratively close a reported case of abuse or neglect without completing the investigation or alternative response and without providing services or making a referral to another entity for assistance if the department determines, after contacting a professional or other credible source, that the child's safety can be assured without further investigation, response, services, or assistance.
(d)  In determining how to classify a reported case of abuse or neglect under the alternative response system, the child's safety is the primary concern.  The classification of a case may be changed as warranted by the circumstances.
(e)  An alternative response to a report of abuse or neglect must include:
(1)  a safety assessment of the child who is the subject of the report;
(2)  an assessment of the child's family; and
(3)  in collaboration with the child's family, identification of any necessary and appropriate service or support to reduce the risk of future harm to the child.
(f)  An alternative response to a report of abuse or neglect may not include a formal determination of whether the alleged abuse or neglect occurred.
(g)  The department may implement the alternative response in one or more of the department's administrative regions before implementing the system statewide.  The department shall study the results of the system in the regions where the system has been implemented in determining the method by which to implement the system statewide.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 71, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.19(a), eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 420 (S.B. 423), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.130, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.131, eff. April 2, 2015.
2023 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 261.3016. Training of Personnel Receiving Reports of Abuse and Neglect

Sec. 261.3016.  TRAINING OF PERSONNEL RECEIVING REPORTS OF ABUSE AND NEGLECT.  The department shall develop, in cooperation with local law enforcement officials and the Commission on State Emergency Communications, a training program for department personnel who receive reports of abuse and neglect.  The training program must include information on:
(1)  the proper methods of screening reports of abuse and neglect; and
(2)  ways to determine the seriousness of a report, including determining whether a report alleges circumstances that could result in the death of or serious harm to a child or whether the report is less serious in nature.
Added by Acts 2005, 79th Leg., Ch. 54 (H.B. 801), Sec. 1, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.20, eff. September 1, 2005.
2023 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 261.30175. Mitigation of Provider Conflicts in Abuse or Neglect Investigation Consultations

Sec. 261.30175.  MITIGATION OF PROVIDER CONFLICTS IN ABUSE OR NEGLECT INVESTIGATION CONSULTATIONS.  (a)  In this section:
(1)  "Forensic assessment" means a medical examination, psychosocial evaluation, medical case review, specialty evaluation, or other forensic evaluation service conducted by a physician under Section 261.3017 in connection with any investigation of a suspected case of abuse or neglect for the primary purpose of providing the department, law enforcement, or the court with expert advice, recommendations, or testimony on the case.
(2)  "Health care practitioner" means an individual licensed, certified, or otherwise authorized to administer health care services in the ordinary course of business or professional practice.  The term includes a physician, medical student, resident physician, child abuse fellow, advanced practice registered nurse, nurse, and physician assistant.
(3)  "Network" has the meaning assigned by Section 261.3017.
(4)  "System" has the meaning assigned by Section 261.3017.
(b)  A health care practitioner who reports suspected abuse or neglect of a child may not provide forensic assessment services in connection with an investigation resulting from the report.  This subsection applies regardless of whether the practitioner is a member of the network or system.
(c)  When referring a case for forensic assessment, the department shall refer the case to a physician authorized to practice medicine in this state under Subtitle B, Title 3, Occupations Code, who was not involved with the report of suspected abuse or neglect.
(d)  This section may not be construed to:
(1)  prohibit the department from interviewing the health care practitioner in the practitioner's capacity as a principal or collateral source; or
(2)  otherwise restrict the department's ability to conduct an investigation as provided by this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 1047 (S.B. 1578), Sec. 3, eff. September 1, 2021.
2023 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 261.3018. Abbreviated Investigation and Administrative Closure of Certain Cases

Sec. 261.3018.  ABBREVIATED INVESTIGATION AND ADMINISTRATIVE CLOSURE OF CERTAIN CASES.  (a)  A department caseworker may refer a reported case of child abuse or neglect to a department supervisor for abbreviated investigation or administrative closure at any time before the 60th day after the date the report is received if:
(1)  there is no prior report of abuse or neglect of the child who is the subject of the report;
(2)  the department has not received an additional report of abuse or neglect of the child following the initial report;
(3)  after contacting a professional or other credible source, the caseworker determines that the child's safety can be assured without further investigation, response, services, or assistance; and
(4)  the caseworker determines that no abuse or neglect occurred.
(b)  A department supervisor shall review each reported case of child abuse or neglect that has remained open for more than 60 days and administratively close the case if:
(1)  the supervisor determines that:
(A)  the circumstances described by Subsections (a)(1)-(4) exist; and
(B)  closing the case would not expose the child to an undue risk of harm; and
(2)  the department director grants approval for the administrative closure of the case.
(c)  A department supervisor may reassign a reported case of child abuse or neglect that does not qualify for abbreviated investigation or administrative closure under Subsection (a) or (b) to a different department caseworker if the supervisor determines that reassignment would allow the department to make the most effective use of resources to investigate and respond to reported cases of abuse or neglect.
(d)  The executive commissioner shall adopt rules necessary to implement this section.
(e)  In this section, "professional" means an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children.  The term includes teachers, nurses, doctors, day-care employees, employees of a clinic or health care facility that provides reproductive services, juvenile probation officers, and juvenile detention or correctional officers.
Added by Acts 2017, 85th Leg., R.S., Ch. 523 (S.B. 190), Sec. 1, eff. June 9, 2017.
Redesignated from Family Code, Section 261.3017 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(14), eff. September 1, 2019.
2023 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 261.3021. Casework Documentation and Management

Sec. 261.3021.  CASEWORK DOCUMENTATION AND MANAGEMENT.  Subject to the appropriation of money, the department shall  identify critical investigation actions that impact child safety and require department caseworkers to document those actions in a child's case file not later than the day after the action occurs.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.22, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 20, eff. September 1, 2015.
2023 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 261.3023. Law Enforcement Response to Child Safety Check Alert

Text of section effective until January 01, 2025
Sec. 261.3023.  LAW ENFORCEMENT RESPONSE TO CHILD SAFETY CHECK ALERT.  If a law enforcement officer encounters a child or other person listed on the Texas Crime Information Center's child safety check alert list, the law enforcement officer shall follow the procedures described by Article 2.272, Code of Criminal Procedure.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.22, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1056 (H.B. 2053), Sec. 3, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1202 (S.B. 1406), Sec. 2, eff. September 1, 2015.
Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 7.006, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.051, eff. January 1, 2025.
2023 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 261.3023. Law Enforcement Response to Child Safety Check Alert

Text of section effective on January 01, 2025
Sec. 261.3023.  LAW ENFORCEMENT RESPONSE TO CHILD SAFETY CHECK ALERT.  If a law enforcement officer encounters a child or other person listed on the Texas Crime Information Center's child safety check alert list, the law enforcement officer shall follow the procedures described by Article 2A.056, Code of Criminal Procedure.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.22, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1056 (H.B. 2053), Sec. 3, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1202 (S.B. 1406), Sec. 2, eff. September 1, 2015.
Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 7.006, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.051, eff. January 1, 2025.
2023 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 261.3024. Removal From Child Safety Check Alert List

Sec. 261.3024.  REMOVAL FROM CHILD SAFETY CHECK ALERT LIST.
Text of subsection effective until January 01, 2025
(a)  A law enforcement officer who locates a child listed on the Texas Crime Information Center's child safety check alert list shall report that the child has been located in the manner prescribed by Article 2.272, Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
(a)  A law enforcement officer who locates a child listed on the Texas Crime Information Center's child safety check alert list shall report that the child has been located in the manner prescribed by Article 2A.056, Code of Criminal Procedure.
Text of subsection effective until January 01, 2025
(b)  If the department locates a child who has been placed on the child safety check alert list established under Section 261.3022 through a means other than information reported to the department by a law enforcement officer under Article 2.272, Code of Criminal Procedure, the department shall report to the Texas Crime Information Center that the child has been located.
Text of subsection effective on January 01, 2025
(b)  If the department locates a child who has been placed on the child safety check alert list established under Section 261.3022 through a means other than information reported to the department by a law enforcement officer under Article 2A.056, Code of Criminal Procedure, the department shall report to the Texas Crime Information Center that the child has been located.
(c)  On receipt of notice that a child has been located, the Texas Crime Information Center shall remove the child and the child's family from the child safety check alert list.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.22, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1056 (H.B. 2053), Sec. 4, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1202 (S.B. 1406), Sec. 3, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 7.007, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.052, eff. January 1, 2025.
2023 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.
2023 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.
2023 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.
2023 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 an individual makes an anonymous report of child abuse or neglect by a person responsible for a child's care, custody, or welfare to a local or state law enforcement agency and the agency refers the report to the department, 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.
Acts 2023, 88th Leg., R.S., Ch. 381 (H.B. 63), Sec. 3, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 261.3081. Notice Regarding Changes Made by Department to Investigation Report

Sec. 261.3081.  NOTICE REGARDING CHANGES MADE BY DEPARTMENT TO INVESTIGATION REPORT.  The department shall notify the following interested parties of any edits or corrections, other than edits or corrections to remedy spelling or grammatical errors, the department makes to the written report prepared by the department under Section 261.308:
(1)  the child's parent;
(2)  the attorney for the child's parent if represented by an attorney;
(3)  an attorney ad litem for the child appointed under Chapter 107;
(4)  a guardian ad litem for the child appointed under Chapter 107, including a volunteer advocate; and
(5)  any other person the court determines has an interest in the child's welfare.
Added by Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 4, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.