reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 2 - ALTERNATIVE RESPONSE › Section 707.557 - Which provisions govern the conduct of an alternative response?

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise specified or the context
					 clearly indicates otherwise, an alternative response is governed solely by the
					 provisions in this division and Texas Family Code (TFC)
					 §261.3015.
(b) An alternative
					 response is an investigatory response for which DFPS is exempt from the payment
					 of fees for records in accordance with TFC §261.316.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 2 - ALTERNATIVE RESPONSE › Section 707.559 - What are the basic components of an alternative response?

Current through Reg. 49, No. 28; July 12, 2024
An alternative response entails:
(1) assessment of the family, including in
					 every instance an assessment of the safety of the child who is the subject of
					 the report; and
(2) where indicated
					 and in collaboration with the child's family, identification of any necessary
					 and appropriate services or supports to reduce the risk of future harm to the
					 child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 2 - ALTERNATIVE RESPONSE › Section 707.561 - What investigative actions may we take when conducting an alternative response?

Current through Reg. 49, No. 28; July 12, 2024
(a) When
					 conducting an alternative response, we may take any protective action
					 authorized for an investigation that is necessary for the protection of a
					 child, including but not limited to:
(1)
					 removing the child;
(2)
					 facilitating a parental child safety placement;
(3) obtaining a court order in aid of
					 investigation; or
(4) obtaining a
					 court order to participate in services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 2 - ALTERNATIVE RESPONSE › Section 707.563 - Do we maintain written records from an alternative response?

Current through Reg. 49, No. 28; July 12, 2024
Yes. We must maintain a written record of an alternative
						response.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 2 - ALTERNATIVE RESPONSE › Section 707.565 - What provisions govern the release and maintenance of records generated in conjunction with an alternative response?

Current through Reg. 49, No. 28; July 12, 2024
(a) Records of an alternative response are
					 confidential case records as provided by the federal Child Abuse Prevention and
					 Treatment Act and Texas Family Code (TFC) §261.201, and as further
					 provided in subchapter B, chapter 700, of this title (relating to
					 Confidentiality and Release of Records).
(b) We will withhold or release confidential
					 alternative response case records in the same manner as other records that are
					 gathered or maintained in response to a report of abuse or neglect of a child,
					 as authorized by state and federal law, and in accordance with governing rules
					 in subchapter B, chapter 700.
(c)
					 We maintain alternative response case records in accordance with the
					 Investigations published records retention schedule on the DFPS website. We may
					 utilize information from an alternative response if alternative response case
					 records are available and we receive a subsequent report of abuse or neglect
					 involving a person who participated in an alternative response case.
(d) Notwithstanding any other provision of
					 this chapter, we do not release alternative response case records in response
					 to a request for information received pursuant to TFC
					 §261.308(e).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 2 - ALTERNATIVE RESPONSE › Section 707.567 - What occurs when an alternative response is complete?

Current through Reg. 49, No. 28; July 12, 2024
When an alternative response is complete:
(1) we provide notification of case
					 completion to the family for whom the alternative response was conducted; and
(2) we may refer the case, in
					 consultation with the family, for additional services that may be necessary to
					 ensure the child's safety.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 3 - RELEASE HEARINGS › Section 707.571 - What do the following pronouns, words, and terms mean when used in this division?

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
					 pronouns have the following meanings when used in this division:
(1) I, my, you, and your--A person who has
					 been designated as a perpetrator or victim/perpetrator of child abuse or
					 neglect by the Investigations program unless otherwise stated or the context
					 clearly indicates otherwise.
(2)
					 We, us, and our--The Investigations program of the Child Protective
					 Investigations division of the Texas Department of Family and Protective
					 Services unless otherwise stated or the context clearly indicates
					 otherwise.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 3 - RELEASE HEARINGS › Section 707.573 - When do we release information about a designated perpetrator to outside parties?

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to the
					 limitations specified in subsections (b) and (c) of this section, we have the
					 authority to conduct a release via a Non-Emergency or an Emergency
					 Release.
(b) Before a Non-Emergency
					 or Emergency Release is conducted, the release must be approved by:
(1) the Managing Regional Attorney for the
					 region that issued the abuse or neglect finding; and
(2) the Regional Director for the region that
					 issued the abuse or neglect finding. Before approving the release, the Regional
					 Director must consult with the appropriate Managing Regional
					 Attorney.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 3 - RELEASE HEARINGS › Section 707.577 - When must we arrange a release hearing for a designated perpetrator?

Current through Reg. 49, No. 28; July 12, 2024
We arrange for a release hearing to be conducted when the
						following two actions have taken place:
(1) We have notified you of our decision to
					 release information as specified in §707.575 of this division (relating to
					 What are the notice requirements for a designated perpetrator when we release
					 information to outside parties?); and
(2) you have filed a written appeal of the
					 decision to release within 15 days after receiving notice of that decision to
					 release.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 3 - RELEASE HEARINGS › Section 707.579 - What happens after a designated perpetrator requests a release hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) After you
					 request a release hearing, the Texas Health and Human Services (HHSC) Legal
					 Services Division, Enforcement Department will ask the State Office of
					 Administrative Hearings (SOAH) to appoint an administrative law judge to
					 conduct proceedings necessary to make a final decision in the case.
(b) After SOAH assigns a docket number to
					 your case:
(1) The HHSC Legal Services
					 Division, Enforcement Department will mail notice of the hearing, by to your
					 last known address as shown by our records; or
(2) If the HHSC Legal Services Division,
					 Enforcement Department Docket Clerk has received written notice of
					 representation from an attorney who will be representing you at the hearing,
					 HHSC will send the notice of the hearing to the attorney in a manner allowed
					 under the rules referenced in §707.581 of this division (relating to How
					 is a release hearing conducted?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 3 - RELEASE HEARINGS › Section 707.581 - How is a release hearing conducted?

Current through Reg. 49, No. 28; July 12, 2024
A release hearing is conducted according to the following
						procedural rules which are incorporated into this rule by reference:
(1) Rules of the State Office Administrative
					 Hearings (SOAH) found at 1 TAC Chapters 155 (relating to Rules of Procedure),
					 157 (relating to Temporary Administrative Law Judge), and 161 (relating to
					 Requests for Records);
(2) The
					 Texas Government Code, Chapter 2001, Administrative Procedures Act (APA) rules,
					 to the extent that they do not conflict with the SOAH rules; and
(3) The Texas Rules of Civil Procedure, to
					 the extent that they do not conflict with the SOAH or APA rules.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 3 - RELEASE HEARINGS › Section 707.583 - What actions may an Administrative Law Judge (ALJ) take regarding a finding of abuse or neglect by the Investigations program of the Child Protective Investigations division?

Current through Reg. 49, No. 28; July 12, 2024
The ALJ may uphold, reverse, or alter the finding of
						abuse or neglect.
(1) If the ALJ
					 reverses the finding, then we will notify any previously notified outside
					 parties of the outcome of the hearing. We will also change your role in our
					 records from designated perpetrator to "no role" and "Reason to Believe"
					 finding to "Ruled Out".
(2) If the
					 ALJ upholds the finding, then we will conduct a release if it has not already
					 been done on an emergency basis. We will also change your role in our records
					 from designated perpetrator to sustained perpetrator of child abuse and/or
					 neglect.
(3) If the ALJ alters the
					 finding, then we will follow the direction outlined in the Order.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 3 - RELEASE HEARINGS › Section 707.585 - What happens if the designated perpetrator fails to appear at the release hearing?

Current through Reg. 49, No. 28; July 12, 2024
If you fail to appear at the release hearing, the
						administrative law judge may enter a default decision that upholds the finding
						of abuse or neglect.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.597 - What do the following pronouns mean when used in this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
The following words have the following meanings when used
					 in this subchapter: We, us, and our--The Special Investigations program of the
					 Child Protective Investigations division of the Texas Department of Family and
					 Protective Services unless otherwise stated or the context clearly indicates
					 otherwise.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.599 - What is the purpose of Subchapter B of this chapter?

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this subchapter is to:
(1) Define abuse and neglect of children by
				  school personnel or volunteers in a school setting;
(2) Describe procedures for the report,
				  investigation, and review of such allegations pursuant to Chapter 261, Texas
				  Family Code; and
(3) Describe
				  related procedures.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.601 - Who conducts investigations of a report alleging abuse or neglect of a child by school personnel or volunteers in a school setting?

Current through Reg. 49, No. 28; July 12, 2024
The Special Investigations program of the Texas Department
					 of Family and Protective Services' Child Protective Investigations division
					 investigates allegations of abuse or neglect of a child by school personnel or
					 volunteers in a school setting.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.603 - What standards for conducting investigations of abuse and neglect apply to the Special Investigations program?

Current through Reg. 49, No. 28; July 12, 2024
The Special Investigations program follows the
					 investigation standards provided in §707.509 of subchapter A of this
					 chapter (relating to What standards for conducting investigations of abuse and
					 neglect apply to the Investigations program?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.605 - What do the following terms mean when used in this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
(a) The following terms have the following
				  meanings when used in this subchapter:
(1)
				  Alleged perpetrator--A person who is alleged or suspected of being responsible
				  for the abuse or neglect of a child.
(2) Alleged victim--A child who is alleged to
				  be the victim of abuse or neglect.
(3) Child--A person under 18 years of age who
				  is not and has not been married or who has not had the disabilities of minority
				  removed for general purposes.
(4)
				  Preponderance of evidence--Evidence which is of greater weight or more
				  convincing than the evidence which is offered in opposition to it; that is,
				  evidence which as a whole shows that the fact sought to be proved is more
				  probable than not.
(5) Reporter--An
				  individual who makes a report to the Texas Department of Family and Protective
				  Services or a duly constituted law enforcement agency alleging the abuse or
				  neglect of a child. If more than one individual makes a report alleging abuse
				  or neglect of the same child, all such individuals shall have the designation
				  of a reporter.
(6) School personnel
				  and volunteers--Persons who have access to children in a school setting and are
				  providing services to or caring for the children. School personnel include but
				  are not limited to school employees, contractors, school volunteers, school bus
				  drivers, school cafeteria staff, school resource officers and contracted police
				  officers, and school custodians.
(7) School setting--The physical location of
				  a child's school or of an event sponsored or approved by the child's school, or
				  any other location where the child is in the care, custody, or control of
				  school personnel in their official capacity, including transportation services.
				  This does not include:
(A) school settings
				  involving only children in facilities regulated by the Texas Health and Human
				  Services Commission (HHSC) when HHSC contracts with the local school district
				  to provide education services; or
(B) school settings that are a part of child
				  care operations regulated by the Child Care Licensing division of
				  HHSC.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.607 - How is child abuse and neglect defined for the purpose of a school investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purpose of an investigation in a school setting, the terms abuse and neglect
				  shall have the meaning assigned to those terms in the Texas Family Code §
										261.001(1) and
				  (4), as those terms are further defined in
				  division 1 of subchapter A of this chapter (relating to Intake, Investigation,
				  and Assessment), unless the definition is clearly inapplicable to reports of
				  abuse or neglect in school settings or as otherwise provided in this
				  subchapter.
(b) Abuse and neglect
				  in this context do not include the following:
(1) Use of restraints or seclusion that do
				  not meet the statutory definitions of child abuse or neglect;
(2) Actions that school personnel or
				  volunteers at the child's school reasonably believe to be immediately necessary
				  to avoid imminent harm to the child or other individuals, if the actions:
(A) are limited only to those actions
				  reasonably believed to be necessary under the existing circumstances;
				  and
(B) do not include acts of
				  unnecessary force or the inappropriate use of restraints or seclusion, such as
				  the use of restraints or seclusion as a substitute for lack of staff;
(3) Reasonable
				  discipline.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.609 - When will a report of alleged abuse or neglect occurring in a school setting be assigned for investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) A report of alleged abuse or neglect
				  occurring in a school setting will be assigned for investigation if the
				  following criteria are met:
(1) The
				  allegations meet the definitions of abuse or neglect contained in §
				  707.607 of this subchapter (relating How is child abuse and neglect defined for
				  the purpose of a school investigation?);
(2) The alleged perpetrator is a person
				  meeting the definition of school personnel or volunteers at the child's
				  school;
(3) The alleged victim is a
				  child or was a child at the time that the alleged abuse or neglect
				  occurred;
(4) The alleged abuse or
				  neglect occurred in a school setting;
(5) The alleged abuse or neglect occurred
				  during the current school year or there is a likelihood that sufficient
				  evidence can still be obtained to establish whether or not abuse or neglect
				  occurred in a school setting; and
(6) The same allegations involving the school
				  setting were not already investigated by us.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.611 - Who do we notify when we receive a report of child abuse or neglect in a school setting?

Current through Reg. 49, No. 28; July 12, 2024
We must provide notification of all school-related reports
					 of child abuse or neglect to the law enforcement entity with jurisdiction for
					 criminal investigations in the geographical area where the alleged incident
					 occurred, within the time frames set out in §707.487 of subchapter A of
					 this chapter (relating to Do we notify law enforcement of all reports received
					 of child abuse or neglect?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.613 - What are the priorities and time frames for initiating school investigations?

Current through Reg. 49, No. 28; July 12, 2024
We must assign a priority to all reports accepted for
					 investigation and must initiate an investigation within the corresponding time
					 frame, as specified in §707.485 of subchapter A of this chapter (relating
					 to What are the timeframes within which we must respond to a report of child
					 abuse or neglect assigned for investigation?). Prior to initiating an
					 investigation, we will review the intake report to determine if the initial
					 priority and action recommended is appropriate or must be
					 updated.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.615 - Which school personnel must we notify prior to initiating a school investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to
				  conducting an investigation under this subchapter, we must notify the school
				  principal (or the principal's supervisor if the school principal is an alleged
				  perpetrator) of the fact that a report has been assigned for investigation, the
				  nature of the allegations contained in the report, and the date and time we
				  plan to visit the school campus to begin the investigation.
(b) We must also orally notify the
				  superintendent of the school district about the investigation. If the alleged
				  perpetrator is an employee of a charter school, we must orally notify the
				  director of the charter school of the investigation. If the alleged perpetrator
				  is an employee of a private school, we must orally notify the chief executive
				  officer of the private school of the investigation. If the superintendent,
				  director, or chief executive officer is the alleged perpetrator, we must
				  instead orally notify the president of the school board or other local
				  governing body.
(c) We must request
				  that the school personnel notified of the investigation as provided in
				  subsections (a) and (b) of this section not alert the alleged perpetrator or
				  others regarding the report until we have had an opportunity to interview the
				  alleged perpetrator.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.617 - How are school investigations conducted?

Current through Reg. 49, No. 28; July 12, 2024
(a) An investigation conducted under this
				  subchapter shall include the following investigative steps unless the
				  allegations of child abuse and neglect can be clearly ruled-out without taking
				  one or more of these steps:
(1) Obtain a full
				  statement of the allegation from the reporter, as appropriate to the
				  case.
(2) Interview and visually
				  inspect each alleged victim, as appropriate in the case.
(3) Interview any other witnesses or persons
				  who may have collateral information, including the child's parents or
				  guardian.
(4) Interview the alleged
				  perpetrator, if available.
(5)
				  Obtain photographs, school records, or other pertinent physical evidence, if
				  relevant to the investigation.
(6)
				  Request that a parent of an alleged victim obtains a medical, psychological, or
				  psychiatric examination of the child and that the records of such examination
				  be provided to us, if necessary, to properly investigate the allegations in the
				  case.
(7) Request that the alleged
				  perpetrator submit to a medical, psychological, or psychiatric examination and
				  that the records of such examination be provided to us, if necessary, to
				  properly investigate the allegations in the case; and
(8) Cooperate with law enforcement in the
				  event that law enforcement is conducting a joint investigation regarding the
				  allegations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.619 - What procedures apply when we conduct an interview or examination during a school investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) School
				  officials or other persons related to the school setting may not interfere with
				  an investigation of a report of child abuse or neglect conducted by the Texas
				  Department of Family and Protective Services, pursuant to Texas Family Code
				  §
										261.303, Interference
				  with Investigation; Court Order. Interviews and examinations in a school
				  investigation may take place on or off the school premises, as deemed
				  appropriate by us, pursuant to all applicable standards. We will notify
				  appropriate school personnel prior to conducting an interview or visual
				  inspection on school premises. We may request that school personnel or
				  volunteers not be present during the interview or visual inspection of an
				  alleged victim, an alleged perpetrator, an adult or child witness, or any other
				  person who may have information relevant to the investigation if we determine
				  that:
(1) The presence of school personnel or
				  volunteers would compromise the integrity of the investigation; or
(2) A better interview or examination of the
				  child would result without school personnel or volunteers being
				  present.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.621 - How do we make dispositions and assign roles in a case after completing the investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) At the
				  conclusion of the investigation, we must assign an individual disposition to
				  each allegation of abuse or neglect, as well as an overall disposition to the
				  investigation.
(b) We use the
				  following allegation dispositions for investigations in school settings:
(1) Reason-to-believe;
(2) Ruled-out;
(3) Unable to complete;
(4) Unable to determine; and
(5) Administrative closure.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.623 - Will we notify school officials once the investigation is completed?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes. After the completion of an
				  investigation, we are statutorily required to provide a report of the
				  investigation, redacted to remove the identity of the reporter, to either:
(1) The Texas Education Agency (Director of
				  Education Investigations) for an investigation concerning an employee of a
				  public or charter school; or
(2)
				  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.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter B - SCHOOL INVESTIGATIONS › Section 707.625 - How is notice provided to non-school entities when a school investigation is completed?

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Family and Protective Services must
					 comply with the notification requirements contained in Chapter 261, Texas
					 Family Code, and in §707.499 of subchapter A of this chapter (relating to
					 Who will we notify of the investigation results?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 1 - DEFINITIONS › Section 707.701 - What do the following pronouns mean when used in this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
The following words have the following meanings when
						used in this subchapter:
(1) I, my,
					 you, and your--A designated perpetrator, unless otherwise stated or the context
					 clearly indicates otherwise.
(2)
					 We, us, and our--The Child Care Investigations program of the Child Protective
					 Investigations division of the Texas Department of Family and Protective
					 Services unless otherwise stated or the context clearly indicates
					 otherwise.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 2 - OVERVIEW OF INVESTIGATION IN CHILD CARE OPERATIONS › Section 707.711 - What is the purpose of an abuse, neglect, or exploitation investigation conducted in a child care operation?

Current through Reg. 49, No. 28; July 12, 2024
The purpose of an abuse, neglect, or exploitation
						investigation in a child care operation is to:
(1) Obtain sufficient information so we can
					 make a fair, accurate, and impartial decision regarding allegations of abuse,
					 neglect, or exploitation of a child based on a preponderance of the evidence;
					 and
(2) Reduce the risk of abuse,
					 neglect, and exploitation to children.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 2 - OVERVIEW OF INVESTIGATION IN CHILD CARE OPERATIONS › Section 707.713 - What standards for conducting investigations of abuse, neglect, and exploitation apply to the Child Care Investigations program?

Current through Reg. 49, No. 28; July 12, 2024
To encourage professionalism and consistency in the
						investigation of reports of child abuse, neglect, and exploitation, as
						specified in the Texas Family Code (TFC) §261.310, the Texas Department of
						Family and Protective Services (DFPS) adopts the following standards for
						individuals who investigate reports of child abuse, neglect, and exploitation
						in a child care operation:
(1) Each
					 individual responsible for investigating reports of child abuse, neglect, or
					 exploitation in a child care operation, or for conducting interviews during
					 such investigations, must receive at least 12 hours of professional training
					 every year.
(2) The professional
					 training curriculum for individuals who conduct investigations or investigation
					 interviews must include information about:
(A) Abuse, neglect, and exploitation as
					 defined in Texas Family Code (TFC) §261.001, including the distinction
					 between:
(i) physical injuries resulting from
					 abuse; and
(ii) ordinary childhood
					 injuries;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 2 - OVERVIEW OF INVESTIGATION IN CHILD CARE OPERATIONS › Section 707.715 - What are the timeframes within which we must respond to a report of child abuse, neglect, or exploitation assigned for investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) We assign priorities for reports of
					 abuse, neglect, and exploitation based on the assessment of the immediacy of
					 the risk and the severity of the possible harm to the child. Prior to
					 initiating an investigation, we will review the intake report to determine if
					 the initial priority and action recommended is appropriate or must be updated.
(1) Priority I reports concern:
(A) death or immediate risk of death; serious
					 injury; or life-threatening abuse, neglect, or exploitation; or
(B) imminent risk of death, serious injury,
					 or life-threatening abuse, neglect, or exploitation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 2 - OVERVIEW OF INVESTIGATION IN CHILD CARE OPERATIONS › Section 707.716 - What requirements does the investigator follow prior to interviewing the alleged perpetrator?

Current through Reg. 49, No. 28; July 12, 2024
(a) At the first
					 contact with a principal as defined in §707.703(14) in division 1
					 (relating to What do the following terms mean when used in this subchapter?),
					 the investigator will:
(1) Identify himself
					 or herself;
(2) Have his or her
					 Texas Department of Family and Protective Services (DFPS) identification
					 available for inspection;
(3)
					 Explain DFPS's role and legal responsibilities in the investigation;
(4) If the principal is an alleged
					 perpetrator, advise the individual of the complaints or allegations in the
					 report while protecting the identity of the reporter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 2 - OVERVIEW OF INVESTIGATION IN CHILD CARE OPERATIONS › Section 707.717 - What actions may we take during the course of an abuse, neglect, or exploitation investigation?

Current through Reg. 49, No. 28; July 12, 2024
During the course of an abuse, neglect, or exploitation
						investigation in a child care operation, we may take any of the following
						actions:
(1) Evaluate whether the
					 child care operation is regulated by Child Care Licensing (CCL) or subject to
					 regulation by CCL;
(2) Visit the
					 child care operation and conduct a walkthrough;
(3) To protect the immediate safety of
					 children, during the walkthrough ensure that any high risk minimum standard
					 deficiencies are corrected at the time of the visit;
(4) Gather relevant information as part of
					 the investigation;
(5) Provide
					 notification and evidence to CCL of any deficiencies observed during the visit
					 that are:
(A) high risk or in plain view;
(B) physical; or
(C) records/administrative;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 2 - OVERVIEW OF INVESTIGATION IN CHILD CARE OPERATIONS › Section 707.719 - Must the child care operation allow us to visit the operation as part of the investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes,
					 pursuant to Texas Human Resources Code §
											42.04412 and
					 Texas Family Code §
											261.303, the child care
					 operation must not interfere with an investigation that we are
					 conducting.
(b) If anyone at the
					 child care operation refuses, prevents, or delays us from visiting and
					 investigating all areas of the operation during the hours of operation, we may
					 seek a court order granting us access to the operation and records maintained
					 by the operation. In addition, Child Care Licensing may issue the child care
					 operation a deficiency or take an enforcement action against the operation if
					 the operation refuses, prevents, or delays our ability to conduct an
					 investigation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 2 - OVERVIEW OF INVESTIGATION IN CHILD CARE OPERATIONS › Section 707.721 - What part of the child care operation can we investigate?

Current through Reg. 49, No. 28; July 12, 2024
(a) We may investigate and walkthrough any
					 part of the child care operation that could affect the health, safety, or
					 well-being of children. This includes access to all children in care,
					 employees, records, equipment the operation uses when providing care, and any
					 area of the building, home, or grounds where the operation is located.
(b) We must have access to all
					 records of the child care operation, including child records, personnel
					 records, and any recordings or videotapes of any kind.
(c) We may also take copies of any records
					 from the operation, including copies of any video and audio
					 recordings.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 2 - OVERVIEW OF INVESTIGATION IN CHILD CARE OPERATIONS › Section 707.723 - Are visits to a child care operation announced or unannounced?

Current through Reg. 49, No. 28; July 12, 2024
Visits to a child care operation to investigate
						allegations of abuse, neglect, and exploitation are usually
						unannounced.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 2 - OVERVIEW OF INVESTIGATION IN CHILD CARE OPERATIONS › Section 707.725 - How often may we visit a child care operation during an abuse, neglect, or exploitation investigation?

Current through Reg. 49, No. 28; July 12, 2024
We will visit the child care operation as often as
						necessary to complete the investigation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 2 - OVERVIEW OF INVESTIGATION IN CHILD CARE OPERATIONS › Section 707.727 - Will we investigate anonymous reports?

Current through Reg. 49, No. 28; July 12, 2024
Yes. We will investigate an anonymous report alleging
						abuse, neglect, and exploitation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 2 - OVERVIEW OF INVESTIGATION IN CHILD CARE OPERATIONS › Section 707.729 - Will an abuse, neglect, and exploitation finding be posted on the Texas Health and Human Services' Search Texas Child Care website?

Current through Reg. 49, No. 28; July 12, 2024
A finding of an abuse, neglect, and exploitation
						investigation that we conducted is confidential and will not be posted on the
						Texas Health and Human Services' Search Texas Child Care website. However, we
						will provide our investigation findings, including any findings for anonymous
						reports, to Child Care Licensing (CCL) pursuant to Texas Human Resources Code
						(HRC) §40.042(f). If CCL cites an operation with any deficiency related to
						the abuse, neglect, or exploitation investigation, CCL will post the deficiency
						on the website. A CCL deficiency may be related to an abuse, neglect, or
						exploitation finding or to another minimum standards deficiency that we
						identified during the abuse, neglect, or exploitation
						investigation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 3 - NOTIFICATION › Section 707.741 - When will we notify the child care operation of the abuse, neglect, or exploitation investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) We will
					 notify the person in charge of the child care operation of the nature of the
					 abuse, neglect, or exploitation allegation(s) and the investigation procedures
					 at the time of the first on-site visit to the operation unless:
(1) The allegation(s) is made against the
					 person in charge, administrator, or director; or
(2) We have reason to believe that disclosing
					 the nature of the allegation(s) might compromise the investigation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 3 - NOTIFICATION › Section 707.743 - Do we notify parents that an investigator interviewed their child during an abuse, neglect, or exploitation investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) Yes, we will make a reasonable effort to
					 notify the parents within 24 hours after we interview and/or visually inspect
					 their child during the course of an abuse, neglect, or exploitation
					 investigation.
(b) This notice can
					 be delayed at the request of law enforcement if notification during the
					 required time frame will interfere with an ongoing criminal investigation. The
					 notice can also be delayed if it will interfere with a companion investigation
					 being conducted by the Department of Family and Protective Services or another
					 agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 3 - NOTIFICATION › Section 707.745 - Whom will we inform of the abuse, neglect, or exploitation investigation results?

Current through Reg. 49, No. 28; July 12, 2024
(a) Once the
					 abuse, neglect, or exploitation investigation is complete, we will provide the
					 following written notifications:
(1)
					 Notification of the investigation findings to any person alleged to be a
					 perpetrator and information regarding a designated perpetrator's right to an
					 administrative review to dispute any substantiated findings of abuse, neglect,
					 or exploitation;
(2) Notification
					 of the investigation findings, any evidence gathered regarding possible minimum
					 standard deficiencies, and any safety plan implemented to the Child Care
					 Licensing inspector assigned to monitor the child care operation pursuant to
					 Texas Human Resources Code (HRC) §40.042(f);
(3) Notification of the investigation
					 findings to the parent of the alleged victim. If the alleged victim is a child
					 in the conservatorship of the Texas Department of Family and Protective
					 Services, we will notify the alleged victim's Child Protective Services'
					 caseworker;
(4) If the
					 investigation occurred at a residential child care operation, notification of
					 the investigation findings and the name of the person alleged or designated as
					 a perpetrator of abuse, neglect, or exploitation to the person in charge of the
					 operation within five calendar days after the investigation is closed. If the
					 person in charge, the administrator, or the director of the operation is the
					 perpetrator, we will notify the permit holder or other appropriate person;
					 and
(5) Notification to the
					 reporter of the completion of the investigation within five calendar days after
					 the investigation is closed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 3 - NOTIFICATION › Section 707.747 - Will we cite deficiencies related to the abuse, neglect, or exploitation investigation in a child care operation?

Current through Reg. 49, No. 28; July 12, 2024
No. The Child Care Licensing inspector assigned to
						monitor the child care operation will make decisions about possible minimum
						standard deficiencies and will notify the operation of any minimum standard
						deficiencies as well as the results of the investigation as provided in
						§707.745 (relating to Whom will we inform of the abuse, neglect, or
						exploitation investigation results?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 4 - CONFIDENTIALITY › Section 707.761 - Will you tell the operation or alleged perpetrator who made the report that resulted in the investigation of the operation?

Current through Reg. 49, No. 28; July 12, 2024
No. The name of the person who made the report is
						confidential and will only be released as further described in the rules in
						this division and any other relevant provisions in federal and state
						law.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 4 - CONFIDENTIALITY › Section 707.763 - Are abuse, neglect, and exploitation investigations in child care operations confidential?

Current through Reg. 49, No. 28; July 12, 2024
(a) Abuse,
					 neglect, and exploitation investigation records of child care operations are
					 confidential pursuant to the federal Child Abuse Prevention and Treatment Act
					 and Texas Human Resources Code (HRC) §40.005 and §42.004 and not
					 available to the general public, except as provided under applicable federal or
					 state law and as further described in the rules in this division. However,
					 Child Care Licensing (CCL) maintains a monitoring file for each operation and
					 will have access to the investigation records pursuant to HRC §40.042(f).
					 The portions of the abuse, neglect, or exploitation investigation records that
					 are maintained by CCL in the operation's monitoring file are not confidential
					 and may be released to the public.
(b) Notwithstanding subsection (a) of this
					 section, DFPS does not release any records until the investigation is
					 complete.
(c) Records related to a
					 child fatality that is the subject of an investigation may be released to the
					 general public as provided under subchapter D, Release of Records Related to a
					 Child Fatality, in chapter 702 of this title (relating to General
					 Administration).