Investigations
Child Protective Services caseworkers investigate reports of child abuse
or neglect in order to determine whether any child in the referred family
has been abused or neglected. In addition, caseworkers assess critical
areas of individual and family functioning to determine whether any child
in the referred family is at risk of abuse or neglect; and initiate protective
services for children who need protection.
To determine whether any child in the family has been abused or neglected
and is still at risk of abuse or neglect, the investigative worker may
interview family members and appropriate collateral sources. At the end
of the investigation, staff must assign a disposition to each allegation
identified for the investigation. Dispositions include the following:
- Reason-to-believe. Based on a preponderance of the evidence, staff
conclude that abuse or neglect has occurred.
- Ruled-out. Staff determines, based on available information, that
it is reasonable to conclude that the abuse or neglect has not occurred.
- Unable To Complete. An "unable to complete" investigation
is one that cannot be concluded and assigned another disposition because
the family could not be located to begin the investigation, or the family
was contacted but subsequently moved and could not be located to complete
the investigation or the family refused to cooperate with the investigation.
CPS policy outlines several required actions the caseworker needs to
complete with the "Unable To Complete" disposition.
- Unable-to-determine. Staff concludes that none of the dispositions
specified in [1 through 3 above] is appropriate.
- Administrative closure. Information received after a case was assigned
for investigation reveals that continued Child Protective Services intervention
is unwarranted.
The worker must also determine whether there is a reasonable likelihood
that a child will be abused or neglected in the foreseeable future. There
are two alternatives.
- The worker concludes that the children are not at risk if
(a) no significant risk factors have been identified, and abuse
or neglect has not been found to have occurred in the current investigation;
or
(b) the family appears willing and able, through use of family and
community resources, to deal with risk factors in their lives in such
a manner as to ensure the safety of the child(ren) for the foreseeable
future. If the worker concludes that the children are not at risk,
then the case may be closed.
- The worker concludes that the children are at risk of abuse or neglect
if:
(a) the worker has identified significant risk factors, and
(b) the family appears unable or unwilling to utilize family and
community resources to deal with the risk factors in a manner that
will ensure the safety of the child(ren) for the foreseeable future.
If the worker concludes that the children are at risk of abuse or neglect,
then the worker may recommend:
- services to address the problem,
- open the case for family based safety services or
- file a petition to initiate civil court action to protect the victim.
Actions could include removal of the children from the home and possibly
termination of parental rights.
Back to top
Time Frames
The worker must complete investigation actions within 30 days from the
date the report was received by the agency unless the supervisor has approved
an extension.
Law Enforcement
All reports must be referred to the appropriate law enforcement agency
for possible criminal prosecution. During the 78th Regular Session, the
Texas Legislature passed Senate Bill 669, requiring law enforcement to
accompany CPS caseworkers when responding to Priority 1 reports of abuse/neglect
that involve children who appear to face immediate risk of physical or sexual abuse.
Back to top
Statewide Intake
DFPS operates a toll-free, statewide telephone reporting system or "hotline"
as a method of receiving reports of suspected abuse or neglect. This program
is known as Statewide Intake.
The purpose of the abuse hotline is to provide the public with a way
to report:
- child abuse and neglect;
- the abuse, neglect, and exploitation of aged and disabled adults;
and
- the abuse or neglect of persons in TDMHMR licensed state schools,
state hospitals, state centers and community-based centers when staff
in those facilities are alleged perpetrators.
Back to top
How to Report
- Texas Abuse Hotline number is (800) 252-5400
- Professionals may also opt to make their report through the Internet.
On the home page of the agency website, a professional has the option
to select whether they are making a report of abuse/neglect of children
or abuse/neglect/exploitation of persons 65 years or older and adults
with disabilities. Professionals are encouraged to use this website
to report non-emergency situations to DFPS.All reports, which meet
the statutory definitions of abuse and neglect, are assigned a priority
based on the level of risk and severity of harm to the child.
Back to top
Report Priorities
Reports of child abuse or neglect are classified in one of two priority
groups and the priority of the intake determines time frames for initiating
the investigation. Intake staff assign the appropriate priority based
upon information available at the time the report is accepted. The field
supervisor may specify a more exact timeframe for initiating the investigation.
Priority I Reports:
Priority I reports include all reports of children who appear to face
an immediate risk of abuse or neglect that could result in death or
serious harm. Investigations of these reports must be initiated within
24 hours of receiving the call report.
Priority II Reports:
Priority II reports include all reports of abuse or neglect that are
not assigned as Priority I. These investigations must be initiated within
10 days of receiving the report.
Some reports received do not meet the statutory definition of abuse or
neglect, as defined in the Texas Family Code, and thus are not assigned.
Reasons for not assigning include:
- the situation does not appear to involve a reasonable likelihood that
a child will be abused or neglected in the foreseeable future;
- the allegations are too vague or general to determine whether a child
has been abused or neglected or is likely to be;
- the report does not give enough information to locate the child or
the child's family or household; or
- the situation is already under investigation, in which case, staff
are to merge the intake into the open investigation.
Back to top
|