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4000 Child Protective Services (CPS)

SWI Policy and Procedures April 2008

The Texas Family Code §§261.101(a) and 261.103 authorizes Child Protective Services to investigate the abuse and neglect of children and to provide protective services to those people.

SWI receives information alleging abuse and neglect and assesses to determine if CPS guidelines for investigation have been met. If the information meets the guidelines, SWI generates a report and sends it to the appropriate CPS office for investigation.

4100 Definitions

SWI Policy and Procedures August 2015

Statutory Definitions

In the CPS Handbook see:

2112 Primary Statutory Definitions

2113 Statutory Definitions of Child Abuse and Neglect

2115 Terms Used in Primary Statutory Definitions

2116 Other Definitions

Definition of CPS Alleged Perpetrators

CPS has authority to investigate a report that meets the statutory definitions of abuse or neglect when the alleged perpetrator meets one of the definitions below.

See DFPS Rules, 40 TAC §700.521, Roles Alleged at Intake.

Alleged Perpetrators Who Are Children

A child aged 10 – 17 may be designated an alleged perpetrator in a CPS intake if they meet the criteria listed for adult perpetrators below.

Alleged Perpetrators Who Are Adults

A person traditionally responsible for the child’s care, custody, or welfare, including:

  •  the child’s parent, guardian, managing or possessory conservator;

  •  a person with whom the child’s parent lives;

  •  a member of the child’s family, including the following individuals regardless of whether they reside together:

  •  individuals related by blood or marriage,

  •  former spouses of each other,

  •  the parents of the same child, without regard to marriage, or

  •  an adoptive child of adoptive parent.

A member of the child’s household, including:

  •  persons living together in the child’s residence, whether or not they are related to each other;

  •  a person who previously lived in the household; or

  •  an unrelated person who does not live with the child (or whose place of residence cannot be determined), who has regular, free access to the child’s home, or when in the child’s home takes care of or assumes responsibility for the children in the household. This category includes boyfriends and girlfriends of household members and babysitters, when they are in the child’s residence.

School personnel or volunteers at the child’s school. See:

Child Protective Services Handbook 2114 Statutory Definition of Person Responsible for Child’s Care, Custody, or Welfare.

Alleged Perpetrators of Abandonment, Labor Trafficking, or Sex Trafficking

More specific criteria must be met in order to assign someone the role of alleged perpetrator for Abandonment, Labor Trafficking, or Sex Trafficking. Details on determining who can be an alleged perpetrator in these allegations are found in the identified sections below:

4271 Alleged Perpetrators of Abandonment in CPS Reports

4291.1 Alleged Perpetrators of Labor Trafficking

4292.1 Alleged Perpetrators of Sex Trafficking


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