Handbook Revision, May 1, 2023

These revisions of the Child Protective Services Handbook were published on May 1, 2023.

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 Revisions

Child Protective Investigations Revisions

Child Protective Services Revisions

Planned Discharge from Extended Foster Care (PATS 13928)

This handbook revision updates policy to comply with House Bill 700, 87th Texas Legislature, Regular Session.

See:

10471 Planned Discharge from Extended Foster Care

Child Protective Investigations Revisions

Child with Family Not Located (PATS 13517)

This policy revision is part of updating Child Safety Check Alert List (CSCAL) policy and protocols.

See:

3110 Conducting a Diligent Search and Placing the Family on Purpose of the Child Safety Check Alert List (CSCAL)

3111 The Caseworker’s Responsibilities Diligent Searches

3111.1 Time Frames for the Types of Diligent Searches Relating to CSCAL

3111.2 Time Frames for Preliminary and Diligent Searches

3111.2 3111.3 Required Diligent Preliminary Search Actions

3111.3 Actions at the End of the Caseworker’s Diligent Search

3111.4 Required Casework If Family Is Not Located

3111.4 Required Actions During the Diligent Search

3111.5 Immediate Face-to-Face Contact When a the Family Is Located During Diligent Search Process

3111.51 A Special Investigator (SI) Locates the Family

3111.52 Law Enforcement Locates the Family

3111.6 When the Family Is Not Located—Closing the Case During Preliminary Search Process

3112 The Special Investigator’s Responsibilities Making the Referral to Request CSCAL

3112.1 Diligent Search

3112.2 Actions At the End of the Diligent Search in a Priority 2 INV, AR, or FPR Stage

3112.3 After the Child and Family Are Placed on the CSCAL

3112.4 Special Investigator Locates a Child on CSCAL

3112.5 Family is Not Located—Closing the Case

3113 The Special Investigator Program Director’s (SIPD) Responsibilities Exceptions to Placing a Family on CSCAL

3113.1 Assigning the Special Investigator (SI) to Conduct a Diligent Search

3113.2 Arranging for the Child and Family to be Placed on the CSCAL

3113.3 Arranging for Child and Family to be Taken Off the CSCAL

3114 Exceptions to the Requirement to Place the Family on the CSCAL Closing a Case with a Family on CSCAL

3114.1 Uncooperative Family Whose Location is Known

3114.2 Family Cannot be Located When Case Closure is Begun

3114.3 Other Exceptions

3114.4 Length of Time the Case on the CSCAL if the Child is Not Located

3115 Child in DFPS Conservatorship Goes Missing Length of Time Family Is on CSCAL

3116 Requesting a Family Be Removed from CSCAL

3117 Child in DFPS Conservatorship Goes Missing

Taking Legal Custody of a Child (PATS 13788)

This policy is being updated to streamline the policy with current practice and protocols regarding taking legal custody of a child, removing a child from the home, and court orders concerning such.

See:

3220 Taking Legal Custody of a Child

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5111 Approval to Seek a Court Order in Aid of an Investigation

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5121 Seeking an Order to Remove an Alleged Perpetrator From the Home

5121.1 Approval to Seek an Order to Remove an Alleged Perpetrator From the Home

5121.2 Proof Required to Support an Order to Remove an Alleged Perpetrator From the Home

5121.3 Standard for Court’s Decision on Whether to Issue a Temporary Restraining Order

5121.4 Notice and Service Requirements for a Court Order to Remove an Alleged Perpetrator From the Home

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5152 Approval to Seek a Temporary Restraining Order

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5161 Approval to Seek a Court Order to Participate in Services

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5411 Obtaining a Court Order before Conducting an Emergency Removal

5411.1 Determining Whether to Conduct an Emergency Removal with a Court Order

5411.2 Standard for Obtaining a Court Order before Conducting an Emergency Removal

5411.3 Basic Process for Obtaining a Court Order before Conducting an Emergency Removal

5412 Conducting an Emergency Removal before Obtaining a Court Order

5412.1 Standard for Conducting an Emergency Removal before Obtaining a Court Order

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5412.2 Basic Process for Conducting an Emergency Removal before Obtaining a Court Order

Home where Abuse or Neglect Is Alleged (PATS 13883)

This handbook revision revises CPI policy on various topics, including updating terminology to use the phrase “home where abuse or neglect is alleged” instead of “household” or similar terms.

Note: The sections marked with an asterisk (*) below have been renumbered as part of this revision but not revised.

See:

1830 People on Whom Criminal Records Checks Can Be Made

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2116 Other Definitions

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2132.4 Exception to the Requirement That CPS CPI Staff Notify SWI About Additional Allegations

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2230 Investigation Tasks

2231 Initial Tasks Involving a Child in DFPS Conservatorship

* 2232 2231 When to Notify Children Advocacy Centers About Reports of Abuse or Neglect

* 2233 2232 Making a Referral to the Forensic Assessment Center Network

* 2233.1 2232.1 When and When Not to Make a Referral to FACN

* 2233.2 2232.2 Specialty Consultations

* 2233.3 2232.3 Documenting Results from FACN Consultations

* 2233.4 2232.4 Requesting an Extension While Awaiting FACN Response

* 2233.5 2232.5 Removing a Child Based on FACN Consult

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2244 Interviews with Children

2244.1 Time Frames for Interviewing Children

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2248 Interviews and Contact with Parents, Alleged Perpetrators, and Other Adults, and Principals

2248.1 Interviewing Parents and Alleged Perpetrators Other Adults in the Home where Abuse or Neglect Is Alleged

2248.11 Interviewing an Alleged Perpetrator

2248.12 Interviewing a Parent Who Does Not Live in the Home where Abuse or Neglect Is Alleged

2248.13 2248.11 Assessing Communication Needs when Interviewing an Adult

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2273 Supervisor Review of Case Actions and Safety Decisions

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2276 Referral to Services

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Definitions of Terms

Visual Examinations (PATS 13884)

CPI policy is being updated in regard to visual examinations of children in investigations and alternative response cases. Updates include the following:

  • Clarification as to who can provide consent to examining any part of a child’s body.
  • Visual examinations in the home or in school.
  • Details regarding photographing a child and home.
  • Documentation requirements.

See:

2245 Visual Examinations

2245.1 Consent for Visual Examination of a Child at Home or in the Presence of a Parent or Other Person Responsible

2245.2 Consent for Visual Examination of a Child at School

2245.21 Visual Examination of a Child at a School Under TEA Jurisdiction

2245.22 Visual Examinations of a Child at a School Not Under TEA Jurisdiction

2245.3 Conducting a Visual Examination

2245.31 Photographs of a Child

2245.4 Audio or Video Recording and Visual Documentation of a Child’s Interview and Injuries to the Child

2245.5 Examinations by External Entities

2245.51 Sexual Abuse Examinations

2245.52 Medical, Psychological, and Psychiatric Assessments

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2250 Home Visits

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2323 Actions Required Actions during a School Investigation

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2623 Initial Contact Tasks

2623.1 Initial Tasks

2623.2 Contact with Collaterals

Safety and Risk Assessment Tool (PATS 13915)

This policy is being updated to align with current practice and protocols by clarifying:

  • Who the safety and risk assessment tool should be completed on.
  • When a safety assessment is completed.

See:

2270 Completing the Assessing Safety and Risk Assessment Tools

2271 Completing Safety Assessment Tool Assessments

2271.1 Time Frames for Completing a an Initial Safety Assessment Tool

2271.2 Safety Interventions

2271.3 Safety Assessment Discussion Box

2271.2 Completing a Safety Reassessment

2271.3 Completing a Closure Safety Assessment

2272 Completing Risk Assessment Tool

2272.1 Time Frames for Completing the Risk Assessment Tool

DFPS Actions When Danger to a Child is Present (PATS 13916)

This handbook revision updates policy to do the following:

  • Clarify that a parental child safety placement (PCSP) is initiated by the family and is a type of safety plan.
  • Provide additional guidance on assessing and evaluating a potential PCSP caregiver.

See:

3200 DFPS Actions When Danger to a Child Is Present

3210 Parental Child Safety Placement (PCSP)

3211 Evaluating the Child’s Safety Before Placement

3211.1 Assessing and Documenting Placement in a PCSP

3211.11 Out-of-State PCSP

3211.2 Criminal History Checks

3211.21 DPS Criminal History Check

3211.22 FBI Exigent and Fingerprint Checks

3211.23 PCSP Household Member with Criminal History

3211.3 Abuse and Neglect History Checks

3211.31 Household Members Who Previously Lived Outside of Texas

3211.32 PCSP Household Member with Abuse or Neglect History

3211.4 Collateral Contacts

3211.5 Staffing with Regional Attorney

3211.51 The Court Places a Child Without DFPS Agreement

3211.6 New Child Placed into an Existing PCSP

3212 Notifying Parent or Guardian of PCSP Approval or Denial

3213 Program Director Documentation in Approving PCSPs

3214 Required Contacts

3214.1 Required Contact with Child and PCSP Caregiver

3214.2 Required Parent Contact

3215 Reevaluating the PCSP

3216 Extending a PCSP Past 60 Days

3217 Ending a PCSP

3218 Closing a Case or Stage When the Child Remains in a PCSP with a Caregiver Who Does Not Have Legal Custody

3210 Safety Plan

3211 Out-of-State Safety Plan Monitor or Family-Initiated PCSP

3212 Assessing the Child’s Safety before Implementing a Safety Plan or Family-Initiated Parental Child Safety Placement (PCSP)

3212.1 Assessment of Caregivers

3212.2 Completing Background Checks

3212.3 When Out-of-State Criminal and Abuse and Neglect Background Results Are Not Immediately Available

3212.4 Safety Evaluation

3212.5 Supervisor Approval or Denial of a Safety Plan or PCSP

3212.6 New Child Placed into an Existing Family-Initiated PCSP

3212.7 New Child Placed into a Kinship or Licensed Foster Home

3212.8 Court Places a Child in a Family-Initiated PCSP without DFPS Agreement

3213 Required Ongoing Contacts after Implementing a Safety Plan and Family-Initiated PCSP

3213.1 Required Ongoing Contracts during a Safety Plan

3213.2 Required Ongoing Contacts During a Family-Initiated PCSP

3214 Extending a Family-Initiated PCSP Past 60 Days

3215 Ending a Safety Plan or Family-Initiated PCSP

3215.1 Closing a Case When the Child Remains in a Family-Initiated PCSP

3216 Refusal to Participate in a Safety Plan