Handbook Revision, September 2019
This revision of the Child Protective Services Handbook was published on September 3, 2019.
On September 1, 2017, the investigations branch of CPS became a separate division named Child Protective Investigations (CPI). Until CPI develops its own policy handbook, investigation policies and procedures will remain in the CPS handbook.
See:
Child Protective Services Revision
Child Protective Investigations Revision
CPS wants to make sure that the public understands what critical actions caseworkers are required to perform and why. To further this understanding, CPS has set up a policy email box for the public: CPSPolicyQuestions@dfps.texas.gov. Please feel free to contact us, via this email address, with any general questions related to policy.
For questions or concerns about specific cases, please contact the caseworker or supervisor, or the Office of Consumer Relations at 1-800-720-7777.
Child Protective Services Revisions
Foster Care Eligibility (PATS 11743)
This policy revision clarifies the following:
• The child loses Title IV-E eligibility if DFPS does not physically remove the child from the home by the next business day after a court orders the removal, unless an exception applies.
• All factors related to AFDC eligibility are based on the month that DFPS filed the petition for removal.
See:
1532.4 Valid Removal from the Home
1532.5 1532.4 Aid to Families with Dependent Children (AFDC) Requirements
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Appendix 1530-F: Categorical Requirements for AFDC
Child Sexual Aggression (PATS 11877)
This policy revision states that CPS staff must follow the resource guide and that single source continuum contractors (SSCCs) providing case management must follow policy and the resource guide.
See:
6241.11 Working with Children Who Aare Sexually Aggressive, Have Sexual Behavior Problems, or and Are Victims of Sexual Aggression
Child Protective Investigations Revision
Supervisor Review and Case Closure for Alternative Response
Administrative Closure of an Investigation
Notifying Advocacy Centers about Reports
Gathering Information from Parent and Child
Supervisor Review and Case Closure for Alternative Response (PATS 11248)
This policy revision adds and clarifies elements from Senate Bill 190, including ADM closures and abbreviated rule outs.
See:
2624.2 Supervisor’s 15 Day Review of AR Case Actions and Safety Decisions
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2652 Alternative Response Case Closure Notifications
2652.1 Exceptions to Providing Case Closure Notifications
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2655 Submitting an Alternative Response Case for Administrative Closure
2655.1 AR Administrative Closure: Reporter is Anonymous
2655.2 AR Administrative Closure: Refuting the Allegations
2655.3 AR Administrative Closure: Lacks Authority to Assess
2655.4 AR Administrative Closure: Allegations Already Investigated
Administrative Closure of an Investigation (PATS 11812)
The items below are revised to incorporate the requirements of SB 190 (85th Regular Legislative Session, 2017), in relation to administrative closures, abbreviated rule outs, unable to complete, other recommended actions, need for ongoing services, and extension requests.
See:
2291 Submitting an Investigation for Approval Closure
2291.1 Abbreviated Ruled Out
2291.2 Administrative Closure
2291.3 Unable to Complete, Family Moved/Cannot Locate
2291.4 All Other Recommended Actions
2291.5 Need for Ongoing Services
2291.6 Extension Request
Notifying Advocacy Centers about Reports (PATS 11987)
The item below is revised to state that the types of investigations that require DFPS to contact a Children Advocacy Center (CAC) now includes neglect as well as abuse cases reported by professionals. This policy is changed in response to Senate Bill 821 from the 86th Legislative Session.
See:
2231 When to Notify Children Advocacy Centers about Reports of Abuse or Neglect
School Investigations per SB 1231 (PATS 12007)
The items below are revised in response to Senate Bill 1231 from the 86th Legislative Session. SB 1231 adds a requirement that DFPS must send completed school investigation reports to the director of a charter school or CEO of a private school unless the CEO was the perpetrator.
It also adds a requirement for DFPS to verbally notify the director of a charter school or the CEO of a private school that an investigation has been initiated.
See:
2320 School Investigations
2321 Criteria for a School Investigation
2322 Actions Required before Starting a School Investigation
2323 Required Actions in School Investigations
2324 Schools Not Under the Jurisdiction of the Texas Education Agency (TEA)
2325 Danger to a Child during a School Investigation
2326 Completion and Closure of a School Investigation
2327 Release of the School Investigation Report
Gathering Information from Parent and Child (PATS 12017)
This revision is necessary to comply with House Bill 3390, 86th Texas Legislature. The policy below now includes a statement that during the removal process the caseworker must ask the child in a developmentally appropriate way about any adults he or she may want to live with.
See:
3221.6 Gathering Information From Parents and Children Caregivers
3221.7 Explaining the Removal to the Child
3222 Making a Placement in Substitute Care
Forced or Coerced Marriage Abuse, Assessing Safety and Risk, Unable to Complete Disposition, and Abbreviated Investigation or Administrative Closure (PATS 11247)
This policy revision reflects legislative mandates.
This revision adds forced or coerced marriage abuse to the policy section that reflects the definitions of child abuse in Texas Family Code §261.001(1) and the definition of family violence in Texas Family Code §71.004, in compliance with Senate Bill 11 and House Bill 249, Texas Legislature 85th Regular Session (2017). Also, Senate Bill 190, 85th Legislative Session (2017), added Family Code §261.3017, which states that, under certain specific circumstances, CPI may conduct an abbreviated investigation of abuse or neglect. CPI may also administratively close a case, under the circumstances described in this policy revision.
This revision also does the following:
• Clarifies how and when a caseworker uses the Unable to Complete disposition and instructs the caseworker to place the family on the Child Safety Check Alert List (CSCAL) in certain circumstances.
• Adds a new section that addresses the need for the caseworker to assess child safety throughout the investigation.
• Clarifies the completion and documentation of Safety Assessment and Risk Assessment tools.
See:
2113.1 Definitions of Abuse
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2270 Ensuring Child Safety Assessing Safety and Risk
2271 Safety Assessments
2271 2271.1 Time Frames for Completing an Initial Safety Assessment or Reassessment
2271.2 Completing a Safety Reassessment
2271.3 Completing a Closure Safety Assessment
2272 Risk Assessment
2272 2273 Supervisor Review of Case Actions and Safety Decisions
2274 Assessment of Ongoing Child Safety
2273 2275 Referral to Services
2280 Disposition
2281 Reaching Dispositions for the Allegations and Alleged Perpetrators
2281.1 Administrative Closure
2281.2 Reason to Believe
2281.3 Ruled Out
2281.4 Unable to Complete
2281.5 Unable to Determine
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2292 Taking Action on a Submitted Investigations
2293 Notifying Clients Notification of Investigation Findings
2293.1 Exceptions to Notifying Clients of Investigation Findings
2300 Special Circumstances for Investigations
2310 Administrative Closure
2311 Reporter Is Anonymous
2312 Allegations Are Refuted
2313 CPI Lacks Authority to Investigate
2314 Allegations Were Already Investigated
2315 Investigation Is Open for More Than 60 Days
2316 Types of Closure: Comparison Table
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Definitions of Terms