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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

4200 CPS Intake Assessment Guidelines

SWI Policy and Procedures June 2009

Each report is assessed on a case-by-case basis.

The guidelines are to be used with professional judgment. It is essential to consult the legal definitions, assess situational factors and history, and solidly document the rationale in IMPACT, in the Narrative and Conclusion summary.

See CPS Intake Guidelines

4210 Determining Physical Abuse in CPS Reports

SWI Policy and Procedures July 2015

Physical Injury

Physical injury is characterized as:

  •  injury that results in substantial harm to the child;

  •  the genuine threat of substantial harm from physical injury to the child; or

  •  an injury that does not match the history or explanation given.

Physical injury does not include:

  •  an accident; or

  •  reasonable discipline by a parent or caregiver that does not expose the child to a substantial risk of harm.

Texas Family Code §261.001(1)(C)

Failure to Protect

Failure to protect is characterized as a failure to make a reasonable effort to prevent an action by another person that results in physical injury that causes substantial harm to the child.

Texas Family Code §261.001(D)

Controlled Substances

Controlled substances are defined in the Health and Safety Code, Chapter 481.

The intake specialist uses a PHAB allegation when:

  •   a child is physically injured because a person uses a controlled substance; or

  •  a child is permitted or encouraged to use a controlled substance.

Texas Family Code §261.001(I), (J)

4220 Determining Emotional Abuse in CPS Reports

SWI Policy and Procedures July 2015

Emotional abuse is causing or permitting a child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child’s growth, development, or psychological functions.

Texas Family Code §261.001(I)(A), (B)

Controlled Substances

Controlled substances are defined in the Health and Safety Code, Chapter 481.

If a child is emotionally or mentally injured as a result of a caregiver using controlled substances, the intake specialist uses the EMAB allegation.

Texas Family Code §261.001(I)

Emotional abuse rarely occurs in isolation. It is usually combined with other allegations.

4230 Determining Sexual Abuse in CPS Reports

SWI Policy and Procedures July 2015

Sexual abuse is characterized as:

  •  sexual conduct harmful to a child’s mental, emotional, or physical welfare, including conduct that constitutes:

  •  the offense of indecency with a child under Section 21.11, Penal Code,

  •  sexual assault under Section 22.011, Penal Code, or

  •  aggravated sexual assault under Section 22.021, Penal Code; 

Texas Family Code §261.001(1)(E)

  •  failure to make a reasonable effort to prevent sexual conduct harmful to a child;

Texas Family Code §261.001(1)(F)

  •  compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code;

Texas Family Code §261.001(1)(G)

  •  causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child, if the person knew or should have known that the resulting photograph, film, or depiction of the child is pornographic or obscene, as defined by Section 43.21, Penal Code; or

Texas Family Code §261.001(1)(H)

  •  causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child, as defined by Section 43.25, Penal Code.

Texas Family Code §261.001(1)(K)

4231 Child Age 12 Years Old and Younger is Pregnant or Has an STD

SWI Policy and Procedures February 2017

When SWI receives a report that a child age 12 years old or younger is pregnant or has tested positive for a sexually transmitted disease (STD), and no other information is known regarding the circumstances, the intake specialist generates a sexual abuse (SXAB) priority two (P2) intake with an unknown perpetrator.

4232 Limited Information Regarding the Identification and Location of a SXAB Victim

SWI Policy and Procedures February 2017

Intake Is Not Generated

An intake cannot be generated unless the child or children at risk of sexual abuse can be identified and located.

When there is only general information about possible victims, with no clear allegation on a specific child or children, and no locating information, the intake specialist enters an I&R.

Example

A reporter states that a man fondled a 10-year-old neighbor. The reporter thinks the man has cousins around the same age as this neighbor, but the reporter has no information about who they are, where they live, or their exact ages. The reporter does not have any information that those children have ever been abused.

Assessment

The fondling incident falls under law enforcement jurisdiction and no CPS intake is needed. While there may be some risk to any children to whom the alleged perpetrator has access, in this situation there is not enough information on specific children to generate a CPS intake.

Intake Is Generated

SWI completes an intake even if the victim’s name and exact address are not known, but there is:

  •  a clearly assignable allegation; and

  •  enough information in the report for SWI to determine that field staff can likely  identify the victim with additional calls.

Example

A person on probation disclosed in therapy that he recently had fondled his 10-year-old cousin, who lives in the area. The therapist did not know the name or address of the cousin, but provided the name and address of the alleged perpetrator and the name and phone number of the alleged perpetrator’s probation officer.

Assessment:

In this case there is a specific victim and a specific allegation. Although the victim’s name and address are unknown to the reporter, the allegation is about a known child who can likely be identified by field staff.

When no other locating information is known, the intake specialist generates a CPS intake and assigns it to the county where the alleged perpetrator lives.

4233 Reports Regarding a Sexually Active Minor

SWI Policy and Procedures February 2017

CPS only investigates child sexual activity when the act involves abuse or neglect as defined by the Texas Family Code. In order to establish neglectful supervision by the caregiver, CPS must consider whether the situation presents a “substantial risk of sexual contact harmful to the child.”

Child Age 13 Years Old or Younger Engaged in Sexual Activity

Caregivers are required to make a reasonable effort to prevent a child age 13 or younger from having a sexual relationship, regardless of whether the relationship is consensual.

When a caregiver has made a reasonable effort to prevent the sexual activity and the child continues to be sexually active, CPS does not consider this to be neglectful supervision under the premise that it is unrealistic to expect constant monitoring of a school-aged child. Placing a child on birth control does not necessarily equate to consenting to the child’s behaviors.

Child Age 14 – 16 Years Old Engaged in Sexual Activity

DFPS investigates situations involving a child with a sexual partner who is more than three years older than the child as “sexual conduct harmful to a child.”

Texas Family Code §261.001(1)(E)

Texas Penal Code §21.11(b)

“More than three years older” means a time frame of three years and one day or greater between the two individuals’ dates of birth(DOBs). Often times, this criteria cannot be established at intake because the reporter does not know both individuals’ dates of birth. When DOBs are not available, but the known ages indicate a possibility of a three year and one day age difference, the intake specialist enters an intake for neglectful supervision (NSUP). This allows CPS the opportunity to obtain the DOBs and either continue with the investigation or close the intake.

In addition to the age difference criteria, the intake specialist must establish that:

  •  the caregiver is aware of the relationship; and

  •  has failed to make a reasonable effort to prevent it.

When entering an intake, the child’s caregiver is documented as the alleged perpetrator. The child’s partner is documented as a collateral (COL) with a role of NO.

When it is unknown whether or not the caregiver is aware of the relationship or has made efforts to prevent the relationship, the intake specialist processes an I&R Non-FPS Criminal Matter Referred to Law. Additional I&Rs may also be necessary.

Example

A family member reports that a 14 yo and a 17 yo are having sex with the knowledge and consent of the 14 yo’s parents. The caller does not know the date of birth of the 17 yo and therefore the intake specialist cannot determine if there is a three year and one day age difference between them.

Assessment

The intake specialist recommends an investigation based on the ages, which indicate the possibility of more than a three year age gap between the two partners.

Child Age 14 – 16 Years Old Living with a Non-Related Partner

When a child age 14 – 16 is living with a non-related partner, the intake specialist assesses the information using the same criteria as those outlined in Child Aged 14 – 16 Years Old Engaged in Sexual Activity, above. This applies whether the child has moved in with the partner, or the the partner has moved into the child’s home.

Whether to also document the child’s sexual partner as an alleged perpetrator for sexual abuse depends on when the sexual relationship began.

If:

Then the child’s sexual partner is considered:

the sexual relationship began after the person started living with the child …

… an alleged perpetrator of sexual abuse.

the sexual relationship existed before the person started living with the child, or it is unknown when the sexual relationship began …

… a boyfriend or girlfriend, who is documented as a principal (PRN) with an unknown (UK) role.

While it is helpful to know, it is not necessary for the reporter to have direct knowledge of sexual activity. When a child lives with an unrelated person and demonstrates behaviors that indicate an intimate relationship with the person, it is reasonable for the intake specialist to assess as if a sexual relationship exists. The intake specialist enters an intake for NSUP based on the facts available and the likelihood of sexual activity.

An intake is not appropriate if the sexual partner whom the child is living with is not more than three years apart in age.

Children 17 Years Old Engaged in Sexual Activity

In most cases, CPS does not investigate consensual sexual activity of children 17 years old unless the partner is known to be a caregiver, relative, or household member that is not the child’s paramour.

Child with a Developmental Delay Engaged in Sexual Activity

When the child is developmentally delayed to the point of functioning at a lower age level, the age of consideration would be the developmental age of the child.

Example:

An intake would be generated for a 16-year-old who is developmentally delayed and functions like a 12-year-old, if the caregiver is aware that the child is having a sexual relationship and makes no attempt to prevent it.

Texas Penal Code Chapter 21 Sexual Offenses

4233.1 Limited Information Regarding a Sexually Active Minor

SWI Policy and Procedures February 2017

SWI frequently receives reports from DSHS contractors and providers who are mandated to report sexual activity involving minors. See the DSHS website for further details about this mandate. These reports are referred to as both:

  •  WIC reports (for Women, Infants, and Children); and

  •  Rider 14 reports (though the rider number changes each legislative session – previously they have been called Rider 19, 23, 33, 11, 18, 14, and 27 reports).

These reports typically lack specific information, making them difficult to assess. Each report is assessed on a case-by-case basis with careful consideration to the information that is available. The intake specialist:

  •  performs a history search for each person listed in the report;

  •  uses standard guidelines to assess for abuse or neglect; and

  •  completes an intake or the appropriate I&R type.

 

4240 Determining Physical Neglect in CPS Reports

SWI Policy and Procedures July 2015

Physical neglect (PHNG) is characterized as the failure to provide a child with the food, clothing, or shelter necessary to sustain the life or health of a child.

Physical neglect is not alleged if the failure to provide is caused primarily by financial inability, unless relief services have been offered and refused.

Texas Family Code §261.001(4)(B)(iii)

4250 Determining Medical Neglect in CPS Reports

SWI Policy and Procedures July 2015

Medical neglect is characterized as failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in:

  •  a substantial risk of death, disfigurement, or bodily injury; or

  •  an observable and material impairment to the growth, development, or functioning of the child.

Texas Family Code §261.001(4)(B)(ii)

4260 Determining Neglectful Supervision in CPS Reports

SWI Policy and Procedures July 2015

Neglectful supervision is characterized as:

  •  placing the child in or failing to remove a child from a situation that a reasonable person would realize:

  •  requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities, and

  •  that results in bodily injury or a substantial risk of immediate harm to the child;

  •  placing a child in, or failing to remove the child from, a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child; or

Texas Family Code §261.001(4)(B)(I)(iv)

  •  placing a child in, or failing to remove the child from, a situation in which the child would be exposed to sexual abuse committed against another child.

Texas Family Code §261.001(4)()(I)(v)

4261 Reports Involving Motor Vehicles

SWI Policy and Procedures August 2015

CPS generally does not investigate situations related to traffic violations, such as driving without proper car seats, or speeding with a child in the car. Law enforcement agencies have jurisdiction to investigate these cases. Intake specialists must obtain additional information and consider other factors in order to determine if the situation falls under CPS jurisdiction to investigate.

4261.1 Driving Without a Car Seat or Seat Belt

SWI Policy and Procedures August 2015

While failing to secure a young child in a car seat or with a seat belt is against Texas law, this alone does not constitute child abuse or neglect. When SWI receives a report alleging that parents or caregivers have failed to secure their children with car seats or seat belts, the intake specialist gathers additional information and assesses the situation according to DFPS’s interpretation of the legal definitions of abuse and neglect. If an unrestrained child is injured or dies in a traffic accident, the intake specialist only generates an intake when there are additional safety issues (e.g. parent was under the influence at the time of the car accident; or the parent was trying to outrun police in a car chase).

4261.2 Caregiver Driving While Under the Influence of Drugs or Alcohol

SWI Policy and Procedures August 2015

Law Enforcement Reporting

When law enforcement is reporting a caregiver driving under the influence of drugs or alcohol with a child in the car, the intake specialist is not required to establish potential harm or patterns of behavior, in order to process an intake for abuse or neglect. Law enforcement officials are able to provide a professional opinion as to the caregiver’s impairment. Therefore, when law enforcement is reporting these situations, the intake specialist recommends an investigation.

All Other Reporters

When the reporter is not law enforcement, the intake specialist is required to obtain additional information in order to establish if the situation falls under CPS jurisdiction. The interview is focused on how the caregiver’s substance use is affecting his or her ability to care for the children and how the caregiver’s behavior affects the safety of the children.

Relevant factors may include, but are not limited to:

  •  how the caregiver acts or drives while under the influence;

  •  how often it happens; and

  •  if the child has been injured.

4261.3 Children Left Alone in Vehicles

SWI Policy and Procedures August 2015

Intake specialists are often required to assess situations involving children being left unsupervised in motor vehicles, a potentially dangerous combination. However, SWI must carefully assess the situation and all associated safety issues before determining if the incident falls under CPS jurisdiction to investigate.

Some safety factors to be considered include, but are not limited to:

  •  age and capabilities of child;

  •  sufficiency of ventilation;

  •  length of time left alone in the car;

  •  temperature outside;

  •  location where the car is parked;

  •  child’s physical and emotional condition (over-heated, scared, worried, etc.);

  •  if the child is participating in dangerous behaviors (playing with car’s controls, climbing in trunk, etc.).

Any combination of these factors may warrant an intake. Therefore, the intake specialist must complete a thorough interview in order to fully assess each situation on an individual basis.

4270 Determining Abandonment in CPS Reports

SWI Policy and Procedures August 2015

Abandonment is characterized as:

  •  a child being left in a situation where the child would be exposed to a substantial risk of physical or mental harm without arranging for necessary care for the child; and

  •  a parent, guardian, or managing or possessory conservator of the child demonstrating an intent to not return.

Texas Family Code §261.001(4)(A)

Parents have the right to place their children with alternate caretakers when the placement does not present obvious safety issues that could result in harm to the child. These situations do not constitute abandonment.

4271 Alleged Perpetrators of Abandonment in CPS Reports

SWI Policy and Procedures August 2015

Only a parent, guardian, or managing or possessory conservator of the child may be given the role of alleged perpetrator (AP) for an allegation of abandonment (ABAN).

Temporary caregivers cannot be given the role of AP for abandonment, but it is possible that they may be given the role of an AP with an allegation other than ABAN, such as neglectful supervision (NSUP) or refusal to assume parental responsibility (RAPR).

4272 Baby Moses Reports

SWI Policy and Procedures June 2014

The purpose of the Baby Moses law is to encourage a parent who would otherwise abandon a baby in an unsafe situation to deliver the baby to a designated emergency infant care (DEIC) provider. The law protects a parent from criminal prosecution if the child is unharmed and brought to a DEIC provider.

4272.1 Designated Emergency Infant Care (DEIC) Providers

SWI Policy and Procedures August 2015

According to the Baby Moses statutes, the following entities are designated emergency infant care (DEIC) providers:

  •  an emergency medical services provider;

  •  a hospital;

  •  a freestanding emergency medical facility licensed under Chapter 254, Health and Safety Code, or

  •  a child-placing agency licensed by DFPS that:

  •  agrees to act as a DEIC provider, and

  •  has a licensed registered nurse or licensed emergency services provider on staff.

Any entity not on this list (including a DFPS office or a police station) is not considered a DEIC provider.

4272.2 Criteria for a Baby Moses Report
4272.21 Infant Is Brought to a DEIC Provider

SWI Policy and Procedures June 2014

A situation meets the criteria for a Baby Moses report if the infant:

  •   is known to be or appears to be 60 days old or younger;

  •   has not been harmed;

  •   is voluntarily delivered to a DEIC provider; and

  •   is delivered to a DEIC provider by a person (presumed to be a parent) who does not express intent to return for the infant.

If the infant appears to be unharmed, DEIC providers are under no legal obligation to gather information from or about the person who is leaving the child. The DEIC provider may provide the person with a form for voluntary disclosure of the child’s medical facts and history.

4272.22 Infant is Born at a Medical Facility But Mother Is Unwilling to Parent

SWI Policy and Procedures June 2014

If a woman is admitted to a medical facility, gives birth, and leaves the medical facility without the baby, the case is considered a Baby Moses case if:

  •   the case meets the criteria listed above;

  •   the mother indicates in some manner that she is unwilling to parent the baby (such as by leaving a note or telling hospital staff). The mother must have indicated (through her actions or words) her unwillingness to parent the infant. Refusing to see or to hold the baby may be an indicator that the mother does not want the child but this information by itself does not qualify the intake as a Baby Moses case and

  •   there is no presumed father (that is, the mother indicates that the father “was a one-night stand, name unknown;” or the mother denies knowing who the father is). The hospital generally asks the mother about the father’s identity. If mother is married, or someone has completed the paternity registry, then this person is the presumed father. If there is any information that there is a presumed father, even if the information is limited (for instance, the father is “Bob” who works at the local Whataburger), then the intake does not qualify as a Baby Moses case.

4272.3 Questions to Ask Regarding Baby Moses Reports

SWI Policy and Procedures June 2014

The following are sample questions that can be used when gathering information from a reporter.

  •   Were there any signs of abuse or neglect? Generally describe the condition of the child at the time the child was left with the designated emergency infant care (DEIC) provider.

  •   How old is the child estimated to be? Who made the estimate?

  •   Did the parent who left the child provide any identifying or medical information?

  •   Did the DEIC provider offer the parent a form for voluntary disclosure of the child’s medical facts and history?

  •   Were there any unusual circumstances in the case?

4272.4 SWI Procedures for Baby Moses Intakes

SWI Policy and Procedures June 2014

The intake specialist:

  •   obtains and documents details about how and when the infant was delivered to the DEIC provider.

  •   obtains and documents details about the infant’s age (or estimated age) and physical condition.

  •   obtains and documents any available information about the individual who left the baby and any written or verbal information the person provided. Ask the reporter if the person who left the baby completed a form voluntarily disclosing the child’s medical facts and history, but do not instruct the reporter to have the person fill out the form and do not instruct the reporter to attempt to gather any information from the person.

  •   creates, on the Person List, a person to represent the parent, but leaves the name fields blank. IMPACT will automatically assign an Unknown # for each unnamed person entered on the Person List. Parents’ names, if known, are not documented on the Person List. This is required to protect confidentiality and prevent the parent from being related to other investigations in IMPACT. If parents’ names are known, this information can be included in the Narrative portion of the intake.

  •   selects the computer generated Unknown # as the case name on the Intake Actions Page.

  •   assesses the intake as a P-1 with the allegation of ABAN; and processes the intake following normal SWI procedures.

CPS does not investigate the case as a typical ABAN case. If Baby Moses criteria are found to have been met, CPS makes no attempt to identify or locate the parents. CPS does not conduct a search for possible relatives, since that would violate the confidentiality protection provided to the parents under this law. CPS enters a disposition of Ruled Out for these cases.

See:

The Child Protective Services Handbook, 2351 Baby Moses

Texas Family Code §262.301

4272.5 Situations That Do Not Meet Baby Moses Intake Criteria

SWI Policy and Procedures June 2014

If the infant:

  •   is known to be or appears to be 60 days old or older;

  •   has been harmed; or

  •   is not abandoned at a DEIC provider location.

If an infant is abandoned at a DEIC provider in a manner that causes harm to the infant or exposes the infant to a risk of harm, the case does not qualify as a Baby Moses case. For example, if the infant is left in a remote location in or near a DEIC, where no one is likely to find him, or left where he is exposed to severe temperatures or similar dangers, the case is not appropriate for handling as a Baby Moses case.

If the infant tested positive for drugs when the infant was born, the infant is presumed to have been exposed to a risk of harm and the case is not considered a Baby Moses case.

If the child is harmed, the case must not be worked as a Baby Moses case. In that circumstance, the intake specialist determines the appropriate allegation and processes the intake according to normal procedure.

4280 Determining Refusal to Assume Parental Responsibility in CPS Reports

SWI Policy and Procedures July 2015

Refusal to assume parental responsibility (RAPR) is characterized as the failure of the parent or caretaker to arrange for the care of a child returning home after being absent from the home for any reason, including having been in residential placement or having run away.

Texas Family Code §261.001(4)(c)

4281 Youth in the Custody of the Texas Juvenile Justice Department (TJJD)

SWI Policy and Procedures May 2015

Youth in the custody of the Texas Juvenile Justice Department (TJJD) may not have an appropriate home to which they can return upon release from the TJJD facility. TJJD staff attempt to find family members or other appropriate placement for these children upon release. If TJJD staff are unable to find such a placement, they request assistance from CPS in locating other appropriate persons to whom the youth can be released.

4281.1 Requests For Placement Assistance From TJJD Received By Phone

SWI Policy and Procedures May 2015

If the request for placement assistance is made by phone the intake specialist inquires as to:

  •  when the youth will be released;

  •  what attempts have been made for release planning; and

  •  reasons that a release plan has not been established.

Requests for placement assistance are made 90 days or less from the date of release. The requests are assessed as an intake if abuse or neglect is present or a CRSR if not. The examples below are not all inclusive and professional judgment must be used.

An intake would be appropriate in these situations:

  •  A parent has moved out of state and refuses to let the child return to the home or make other living arrangements for the child.

  •  The parent says that the child cannot return home because the TJJD youth has abused a child who still lives in the home. However, the parents have not made other arrangements for the care of the TJJD youth.

  •  Release plans have been made, but on the day of release no one comes to pick up the child.

A CRSR – Request for Local Public Service would be appropriate in these situations:

  •  The child’s parent or guardian (such as a grandparent or other relative) is in jail and cannot care for the child.

  •  The child’s grandmother had legal custody of the child prior to placement in a TJJD facility, but has died while the child was in placement.

A request received when the release date is 91 days or more from the date of the report is documented as an I&R – Clearly Not Reportable, Child; which is then saved and closed.

Documentation of TJJD Request Received by Phone

In either type of report (intake or CRSR), the intake specialist enters the following statement in the Conclusion section of the Narrative page. The name of the child and the release date are provided by the reporter.

TJJD is requesting CPS placement assistance for (name of child). Release Date: xx-xx-xx. CPS Regional Juvenile Justice Liaison must be contacted.

Where to Route the Intake or CRSR

If a parent or guardian of the child is identified and a locating address or county in Texas is provided, the CRSR is routed to the county in which the parent or guardian resides.

If no locating information for the parents or guardians is provided, or the locating is out-of-state, the CRSR is routed to the county where the youth is currently residing.

4281.2 Requests For Placement Assistance From TJJD Received Through The Internet (E-Reports)

SWI Policy and Procedures May 2015

TJJD staff can make a request for placement assistance through the e-report system. Such requests do not contain any information about abuse or neglect.

The e-report report contains the following statement in the narrative:

TJJD is requesting CPS placement assistance for (name of child). Release Date: xx-xx-xx. CPS Regional Juvenile Justice Liaison must be contacted.

Youth’s Release is 90 Days Away or Less

A request for assistance made when the child’s release date is 90 days away or less from the date of the report is assessed as a CRSR – Request for Local Public Service.

  •  If a parent or guardian of the child is identified and an address or county in Texas is provided, the CRSR is routed to the county in which the parent or guardian resides.

  •  If no locating information for the parent or guardian is provided, or the locating is out-of-state, the CRSR is routed to the county where the youth is currently residing.

Youth’s Release is More Than 90 Days Away

A request received when the release date is 91 days or more from the date of the report is documented as an I&RClearly Not Reportable, Child; which is then saved and closed.

4290 Determining Human Trafficking in CPS Reports

SWI Policy and Procedures August 2015

There are two human trafficking allegations used in CPS reports: Labor trafficking (LBTR) and sex trafficking (SXTR).

4291 Determining Labor Trafficking in CPS Reports

SWI Policy and Procedures August 2015

Labor trafficking is characterized as:

knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under §20A.02(a)(5) or (6), Penal Code, or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of these sections.

Texas Family Code §261.001(1)(L)

According to the Penal Code:

(a) A person commits an offense if the person knowingly:

(5)  traffics a child with the intent that the trafficked child engage in forced labor or services; or

(6)  receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or services.

Penal Code §20A.02(a)(5) and (6)

“Forced labor or services” means labor or services, other than labor or services that constitute sexual conduct, that are performed or provided by another person, and obtained through an actor’s use of force, fraud, or coercion.

Penal Code §20A.01(2)

SWI assesses an intake for CPS with an allegation of labor trafficking when any component of either (1) or (2) apply:

(1)  For the purposes of labor or services, a parent or other person traditionally responsible for a child uses force, fraud, or coercion and:

  •  knowingly provides the child to others, obtains the child for oneself, or allows the child to be trafficked;

  •  maintains control over the child and makes the child believe that he or she has no other choice but to continue with the labor or services, resulting in a pervasive loss of freedom for the child; or

  •  receives a monetary or nonmonetary benefit for the child’s labor or services, such as using the services for oneself.

(2)  A parent or other person traditionally responsible for a child fails to make a reasonable effort to prevent a child from being labor trafficked as described above.

If the labor or services constitute sexual conduct, the abuse is considered to be sex trafficking, not labor trafficking. See 4292 Determining Sex Trafficking in CPS Reports.

4291.1 Alleged Perpetrators of Labor Trafficking

SWI Policy and Procedures August 2015

A person may be designated an alleged perpetrator of labor trafficking when the person is traditionally responsible for a child’s care, custody, or welfare. This includes:

  •  a parent, guardian, or managing or possessory conservator of the child;

  •  a member of the child’s family or the child’s family’s household;

  •  a person with whom the child’s parent cohabits; or

  •  school personnel or volunteers at the child’s school.

Texas Family Code §261.001(5)

A “member of the child’s family or the child’s family’s household” includes the following individuals:

  •  a parent or relative;

  •  an unrelated person who is legally responsible for the child;

  •  an unrelated person, who is not legally responsible for the child, with whom a parent or legally responsible person or entity, such as CPS or a court, placed the child; or

  •  an unrelated person who is at least 10 years old and resides elsewhere or whose place of residence cannot be determined, and either has regular free access to the household or when in the household dwelling takes care of or assumes responsibility for children in the household. (See 40 TAC §700.477(e).)

4291.2 Labor Traffickers Not Investigated by CPS

SWI Policy and Procedures March 2018

A person who is not traditionally responsible for the child’s care, custody, or welfare, as defined in 4291.1 Alleged Perpetrators of Labor Trafficking, is not identified as an alleged perpetrator in a CPS intake.

CPS does not investigate claims of trafficking when all three of the following conditions are met:

  •   a child leaves the home without the consent of his or her family and lives with a person who is alleged to be trafficking the child for labor; AND

  •   the alleged perpetrator is neither related to nor legally responsible for the child; AND

  •   the parent or caregiver did not cause, permit, encourage, engage in, or allow trafficking, or fail to make reasonable effort to prevent trafficking.

For example, when a child leaves home or runs away to live with her boyfriend, who then traffics the child for purposes of labor or services, CPS does not investigate the boyfriend as an alleged perpetrator because the boyfriend is not traditionally responsible for the child’s care, custody, or welfare.

Reports containing only trafficking information not under CPS jurisdiction:

When a report only contains trafficking information not under CPS jurisdiction and is not sent to the local DFPS office, the report is processed as an I&R Non-FPS Criminal Matter Referred to Law. These reports are also sent to the Joint Crimes Information Center (JCIC), and therefore require dual entries on the Law Jurisdiction Section.

See 3621.1 I&R for the Texas Department of Public Safety Joint Crimes Information Center (JCIC)

4291.3 Work Situations that Do Not Involve Labor Trafficking

SWI Policy and Procedures August 2015

Labor trafficking does not include normal contributions to family and community life in light of prevailing community standards, such as:

  •  performing chores inside and outside of the home;

  •  being required to work in the family business without pay;

  •  working in agriculture or farming as part of the family’s business or means of earning a living; or

  •  other forms of labor or services specified under Labor Code §51.003.

Per Texas Family Code §151.001(5), a parent of a child has the right to “the services and earnings of the child.” CPS recognizes a parent’s reasonable requirements for a child to perform chores or work, and to determine appropriate recompense to the child for the services; this does not constitute forced labor or services.

Work or services provided in these situations should be appropriate to the child’s age and not result in substantial harm from physical injury or genuine threat of substantial harm from physical injury.

4292 Determining Sex Trafficking in CPS Reports

SWI Policy and Procedures August 2015

Sex trafficking is characterized as:

  •  compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code, including conduct that constitutes an offense of trafficking of persons under Section 20A.02(a)(7) or (8), Penal Code, prostitution under Section 43.02(a)(2), Penal Code, or compelling prostitution under Section 43.05(a)(2), Penal Code, and

  •  knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under §20A.02(a)(7) or (8), Penal Code, or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of these sections.

Texas Family Code §261.001(1) (G) and (L))

According to the Penal Code:

(a) A person commits an offense if the person knowingly:

(7) Traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by:

Section 21.02 Continuous Sexual Abuse of Young Child or Children

Section 21.11 Indecency with a Child

Section 22.011 Sexual Assault

Section 22.021 Aggravated Sexual Assault

Section 43.02 Prostitution

Section 43.03 Promotion of Prostitution

Section 43.04 Aggravated Promotion of Prostitution

Section 43.05 Compelling Prostitution

Section 43.25 Sexual Performance by a Child

Section 43.251 Employment Harmful to Children [sexually oriented commercial activity]

Section 43.26 Possession or Promotion of Child Pornography; or

(8) Receives a benefit from participating in a venture that involves an activity described by subdivision (7) or engages in sexual conduct with a child trafficked in the manner described in subdivision (7).

Penal Code §20A.02(a)(7) and (8)

Sex trafficking does not require force, fraud, or coercion and can be determined to have occurred even if it appears that the child is in agreement with the conduct or the child does not consider herself or himself to be a victim of sex trafficking.

SWI assesses an intake for CPS with an allegation of sex trafficking under the Texas Family Code when any component of (1) or (2) apply:

(1)  The actions of a parent or other person traditionally responsible for a child meet the core elements of sex trafficking when he or she:

  •  knowingly provides the child to others, obtains the child for oneself, or allows the child to engage in or become the victim of any of the offenses listed in Penal Code Subsection 20A.02(a)(7);

  •  maintains control over the child and makes the child believe that he or she has no other choice but to continue engaging in the offenses listed in Penal Code Subsection 20A.02(a)(7), resulting in a pervasive loss of freedom for the child; or

  •  receives a monetary or nonmonetary benefit as a result of the child participating in any of the offenses listed in Penal Code Subsection 20A.02(a)(7). Benefits can include but are not limited to: sexual services, currency, drugs, etc.

(2)  A parent or other person traditionally responsible for a child fails to make a reasonable effort to prevent a child from being sex trafficked as described above.

4292.1 Alleged Perpetrators of Sex Trafficking

SWI Policy and Procedures August 2015

A person may be designated as an alleged perpetrator of sex trafficking when the person is traditionally responsible for a child’s care, custody, or welfare. This includes:

  •  a parent, guardian, or managing or possessory conservator of the child;

  •  a member of the child’s family or the child’s family’s household;

  •  a person with whom the child’s parent cohabits; or

  •  school personnel or volunteers at the child’s school.

Texas Family Code §261.001(5)

A “member of the child’s family or the child’s family’s household” includes the following individuals:

  •  a parent or relative;

  •  an unrelated person who is legally responsible for the child;

  •  an unrelated person, who is not legally responsible for the child, with whom a parent or legally responsible person or entity, such as CPS or a court, placed the child; or

  •  an unrelated person who is at least 10 years old and resides elsewhere or whose place of residence cannot be determined, and either has regular free access to the household or when in the household dwelling takes care of or assumes responsibility for children in the household. (See 40 TAC §700.477(e).)

4292.2 Sex Traffickers Not Investigated by CPS

SWI Policy and Procedures March 2018

A person, who is not traditionally responsible for the child’s care, custody, or welfare, as defined in 4292.1 Alleged Perpetrators of Sex Trafficking, is not identified as an alleged perpetrator in a CPS intake. CPS does not investigate claims of trafficking when all three of the following conditions are met:

  •   a child leaves the home without the consent of his or her family and lives with a person who is alleged to be trafficking the child for sex; AND

  •   the alleged perpetrator is neither related to nor legally responsible for the child; AND

  •   the parent or caregiver did not cause, permit, encourage, engage in, or allow trafficking, or fail to make reasonable effort to prevent trafficking.

For example, when a child leaves home or runs away to live with her boyfriend who then reportedly traffics the child for sexual purposes, CPS does not investigate the boyfriend as an alleged perpetrator, because the boyfriend is not traditionally responsible for the child’s care, custody, or welfare.

Reports containing only trafficking information not under CPS jurisdiction

When a report only contains trafficking information not under CPS jurisdiction and is not sent to the local DFPS office, the report is processed as an I&R Non-FPS Criminal Matter Referred to Law. These reports are also sent to the Joint Crimes Information Center (JCIC), and therefore require dual entries on the Law Jurisdiction Section.

See 3621.1 I&R for the Texas Department of Public Safety Joint Crimes Information Center (JCIC)

4300 CPS Assessment of Priority

SWI Policy and Procedures March 2015

Once it has been determined that the situation meets CPS definitions of abuse or neglect, the intake specialist selects the appropriate priority based on the information available at the time the intake is taken.

Intakes are assessed as Priority 1, Priority 2, and Priority N, based on the intake specialist’s assessment of the immediacy of the risk and the severity of the possible harm to the child.

4310 Assessment of Priority 1

SWI Policy and Procedures March 2015

A Priority 1 (P1) is assessed for any CPS intake in which the children appear to face a safety threat of abuse or neglect that could result in death or serious harm.

An intake received within 12 months after a previous investigation was closed with a disposition of Unable to Complete (UTC) is assigned a P1, if the appropriate criteria are met.

See:

4412 UTC Procedures

4420 Child Death Reports Under CPS Jurisdiction

4422 Death of a Child Reported by Law Enforcement

4431 Concerns Regarding an Unborn Child

CPS is required to initiate the investigation within 24 hours of receiving a Priority 1 intake.

For examples, see the Child Protective Services Handbook, 2143 Assigning Priority to Reports of Abuse or Neglect.

4320 Assessment of Priority 2

SWI Policy and Procedures March 2015

A Priority 2 (P2) is assessed for any CPS intake in which the children appear to face a safety threat that could result in substantial harm.

CPS is required to initiate the investigation within 72 hours of receiving a Priority 2 intake.

The assigned investigator initiates the investigation within 72 hours of the date and time that SWI received the intake report. If the report meets the criteria for formal screening, the CPS screener must complete the assessment as soon as possible, but no later than 72 hours from the date and time SWI receives the intake report.

When a screener determines that an investigation is warranted, the screener immediately progresses the case to the appropriate stage.

The assigned investigator then initiates the investigation within 72 hours of the date and time the stage was progressed.

4330 Assessment of Priority N

SWI Policy and Procedures March 2015

A CPS intake is assessed as a Priority N (PN) for three specific reasons only, as described below. 

4331 Past Abuse or Neglect; No Current Safety Issues; No Apparent Risk of Recurrence in the Foreseeable Future

SWI Policy and Procedures October 2016

An intake qualifies for this code when all four criteria are true:

  •   The victim is under the age of 18 years old at the time the report is received.

  •   The abuse or neglect happened in the past.

  •   There are no current safety issues.

  •   There is no apparent risk of recurrence in the foreseeable future.

An incident of abuse or neglect would have met legal definitions at the time the incident occurred; however, at the time of the report, there are no current safety concerns and no known risk of recurrence in the foreseeable future.

For example, a child reports she was sexually abused by an uncle six years ago. The parents are protective, and the uncle is in a nursing home and has no access to a child.

This PN Reason Code may be used regardless of whether or not CPS has investigated, as long as there are no remaining safety or risk concerns.

A PN is not assessed if the alleged victim is 18 years old or older. A report such as this would be assessed as the appropriate I&R type, and processed according to standard procedures.

A report regarding a child death that has been previously investigated and contains no new allegations involving other children is not processed as a PN using this PN Reason Code.  All reports of child death that meet the definition of a PN are processed with the PN Reason Code, Child Death/Review needed.

4332 Additional Information from Specific Collateral or Principal (COL/PRN) Is Needed

SWI Policy and Procedures March 2015

A key piece of information about the situation is missing, but is needed in order to determine whether an assignable allegation of abuse or neglect exists. A specific collateral contact or principal is known to have the key piece of information that is needed and contact information for that person is available. The additional collateral contact or principal cannot be the reporter since they are presumed to have provided all known information at the time the report was made.

SWI clearly identifies the specific person who should be contacted in the intake. This information is documented:

  •   in the Person Notes of the specific person on the Person List if the name and location are known; or

  •   in the Narrative if the specific person is identified but name is not known, such as “the 8th grade guidance counselor at the middle school on 2nd street in Taylor.”

      For example, the school nurse reports that the father hit the 11-year-old child. The nurse was told that the child has injuries, but she has no idea what the injuries are. The school counselor has seen the injuries and can provide a description to CPS.

This PN Reason Code is used on a very limited basis for reports for which the field can easily determine with an additional phone call to a specific collateral or principal contact whether or not the intake needs to be investigated or closed. The local office cannot contact alleged perpetrators or alleged victims for this information.

This PN Reason Code is not used for reports where the information is too vague or general to determine whether there is abuse or neglect, but only for reports where the information clearly points to an allegation meeting legal definitions. This PN reason also is not used when the only information needed from the specific COL or PRN is locating information. If the allegation meets legal definitions and there is a specific person who can provide locating information, the report is assessed as a P1 or P2.

4333 Child Death/Review Needed

SWI Policy and Procedures March 2015

This PN type is assessed only when a child died unexpectedly; and the situation falls under CPS jurisdiction to investigate; and one of the following is also true:

  •   The cause of death is unknown or undetermined at the time of intake.

  •   It is unknown if abuse or neglect was a contributing factor to the death at the time of intake.

  •   A report is received regarding a past child death that was never investigated by CPS, and the circumstances of the death are unknown, and there are no new allegations involving other children.

  •   A report is received regarding a past child death alleged to be the result of abuse or neglect, that was previously investigated by CPS, and there are no new allegations involving other children.

A PN is taken regardless of the amount of time that has passed since the death occurred.

4334 Reasons for Assessing a PN

SWI Policy and Procedures March 2015

For each of the situations above the intake specialist choses the applicable PN Reason Code in IMPACT from the Closure Code dropdown menu on the Intake Actions page.

If a report is not a PN according to one of the Reasons Codes outlined above, the report is assessed as a P1, P2, CRSR (case-related special request), or I&R. There are no other valid reasons to assess a PN.

See:

4435 Processing Intakes Assigned a Priority of N (PNs)

4940 CPS Assignment and Call-Out

Manual Assignment Charts

4340 Reviewing Allegations and Dispositions on a Previous CPS Case

SWI Policy and Procedures November 2015

When performing a person search on the principal, the intake specialist briefly reviews the previous cases involving the principal before deciding what priority to place on the current intake.

From the Case List screen, the intake specialist clicks the case to be reviewed.

1.   From the Case Summary page, the Investigation (INV) stage is selected. Allegations cannot be viewed from the Intake stage.

2.   The Allegation tab is clicked.

3.   The following information is reviewed:

  •  The victim

  •  The alleged perpetrator

  •  The allegation

  •  The disposition:

ADM = Administratively Closed

A-R = Alternative Response

R/O = Ruled Out

UTD = Unable to Determine

UTC = Unable to Complete

RTB = Reason to Believe

VAL = Valid

NVL = Not Valid

XXX = Closed Without Investigating (there are various reasons for XXX)

4350 Assessing CPS Reports of Abuse or Neglect When the Alleged Perpetrator Is Deceased

SWI Policy and Procedures November 2015

When a report is received regarding abuse or neglect of a child and the alleged perpetrator is deceased, the intake specialist assesses the information according to the following procedures.

If the reported information meets the legal definition of abuse or neglect, the intake specialist completes an intake.

If the reported information does not meet the legal definition of abuse or neglect, the intake specialist completes the most appropriate type of I&R.

The priority of the intake (P1, P2, or PN) depends on the circumstances of the report, as explained in the table below:

If:

then the intake specialist:

  •   an alleged perpetrator dies during the course of the alleged abuse or neglect; and

  •   the abuse or neglect is recent …

assesses the intake as a Priority 1 (P1) or Priority 2 (P2), as appropriate for the situation.

  •   an alleged perpetrator of past abuse or neglect is deceased; and

  •   there are no safety issues currently affecting the child, or the IMPACT history shows that the abuse or neglect has already been investigated …

assesses the intake as Priority None (PN), Past Abuse or Neglect; No Current Safety Issues; No Apparent Risk of Recurrence in the Foreseeable Future.

  •   an alleged perpetrator of past abuse or neglect is deceased; and

  •   there were other alleged perpetrators involved in the past reports of abuse or neglect, and the alleged perpetrators currently threaten the child’s safety …

assesses the intake as a P1 or P2.

  •   an alleged perpetrator of past abuse or neglect is deceased; and

  •   the victim is no longer a child (that is, the victim is not 17 years old or younger).

assesses the report as an I&R, Clearly Not Reportable.

In all cases, the deceased perpetrator is listed on the Person List in the intake.

If the date of death is known, the intake specialist enters it on the Person Detail page in the Date of Death field.

4400 Specialized CPS Reports

4410 Unable to Complete (UTC) and Child Safety Check Alert List (CSCAL) Cases

SWI Policy and Procedures November 2017

When a report is made concerning a child or family that was previously being investigated by CPS but is now missing, CPS must respond as quickly as possible. These cases are identified by:

  •   a red sunburst, which appears next to the case number on the Case List page in IMPACT in a case that has been closed as Unable to Complete (UTC); or

  •   the Child Safety Check Alert List (CSCAL) designation.

These labels are used by CPS and SWI to alert staff to situations that require this quick response.

At times a case may have both a CSCAL and UTC designation; in those situations CSCAL procedures are followed as determined by the type of reporter – law enforcement or non-law enforcement.

4411 The UTC Case (Red Sunburst Case)

SWI Policy and Procedures November 2017

Not every case with an Unable to Complete (UTC) disposition will have a red sunburst. A case is referred to as UTC and IMPACT assigns a red sunburst when the following conditions are met:

  •   a CPS Investigation case:

  •   was closed within the past 12 months, and

  •   had an Overall Disposition of UTC, and

  •   had a Closure Code of Close-fam moved/cannot locate; or

  •   A CPS alternative response (AR) case was closed within the last 12 months with the Closure Code of Unable to locate.

4412 UTC Procedures

SWI Policy and Procedures November 2017

When a red sunburst is found during a history search of the family or reporter, the intake specialist must determine whether CPS has conducted an investigation since the case was closed.  Procedures below are followed even if the information indicates that the family’s current location is out of state.

No Investigation Has Been Conducted Since UTC Closure and There Is Locating Information

If the red sunburst is displayed and CPS has not conducted an investigation since the closure, and there is current locating information for the family, then the intake specialist completes a CPS Priority 1 (P1) intake.

No New Allegations Reported

If no new allegations are reported, the intake specialist:

  •   duplicates the intake with the red starburst which resulted in an investigation or alternative response (copying reporter information, allegations, and narrative; and documenting the Report ID number from the previous case in the narrative);

  •   documents at the beginning of the narrative “Per UTC policy, this is being entered as a P1 intake”;

  •   generates a separate I&R, Call Regarding Existing CPS Case, to document the current reporter’s concerns;

  •   in the I&R narrative, includes additional details (if any) provided by the reporter, as well as the Report ID number for the new intake;

  •   assigns the I&R to the field; and

  •   provides the Report ID number for the I&R to the reporter making the report.

New Allegations Reported

If there are new allegations, the intake specialist:

  •   makes the assessment of the allegations based on currently reported information and completes the intake as a P1; and

  •   documents at the beginning of the narrative “Per UTC policy, this is being entered as a P1 intake.” (It is not necessary to complete a separate I&R.)

No Investigation Has Been Conducted Since UTC Closure and There Is No Locating Information

If the red sunburst is displayed and CPS has not conducted an investigation since the closure, but there is no current locating information for the family, the intake specialist assesses an I&R, Clearly not reportable.

An Investigation Has Been Conducted Since UTC Closure

If the red sunburst is displayed and CPS has conducted an investigation after the UTC case was closed, or currently has an open investigation since the UTC closure, the intake specialist assesses the current report as an I&R or intake according to standard procedures. If the report is assessed as an intake, it is not automatically a P1.

4413 The CSCAL Program

SWI Policy and Procedures November 2017

CSCAL is an automated program operated by the Texas Department of Public Safety to assist DFPS in locating families that move and cannot be located for purposes of:

  •   investigating a report of child abuse or neglect;

  •   providing protective services to a family receiving family-based support services; or

  •   providing, in limited circumstances, protective services to the family of a child who is in the managing conservatorship of the department.

Texas Family Code §261.3022

The CSCAL designation is initiated by CPS staff and is displayed on the purple Special Handling bar on the Case Summary page, with the term “Child Safety Check Alert List” on the right hand side of the bar. It can be found in investigation, alternative response, and family preservation cases. In addition to the CSCAL designation, a red sunburst may also be present in case history.

4414 CSCAL Case Found, Not Reported by Law Enforcement

SWI Policy and Procedures November 2017

If the intake specialist encounters a CSCAL designation in the purple Special Handling bar on the Case Summary page when law enforcement is not the reporter, the intake specialist assesses and processes as shown below.  These procedures are followed even if the information indicates that the family’s location is out of state:

If a reporter unaffiliated with law enforcement provides any information that, when searched, results in a person match in IMPACT to a principal (PRN) …

Then the intake specialist…

in an open CSCAL case,

assesses the information that is being reported, either:

  •   by processing an I&R to the open case, if there are no new allegations, and calls-out the report to the routing coordinator (RC) or on-call worker

or

  •   by processing a Priority 1 intake, if there are new allegations.

On either type of report, note at the top of the Narrative CSCAL designation found in case history.

in a closed CSCAL case

assesses the information that is being reported and processes a P1 intake, either:

  •   by duplicating the intake in the closed CSCAL case if there are no new allegations and documenting “P1 per CSCAL procedures” at the top of the Narrative; (and by sending an I&R- Call regarding open CPS case to the field to document the original call)

or

  •   by assessing the situation and determining that there are new allegations which justify a new intake and completes the intake as a P1.

4415 CSCAL Match Reported by Law Enforcement

SWI Policy and Procedures November 2017

When law enforcement encounters a person listed on the Child Safety Check Alert List, the officer is required to report the information to SWI. The intake specialist:

  •   requests names and demographics for all persons listed on the CSCAL, as well as the “CPN.” The “CPN” is the law enforcement term for the CPS case number;

  •   performs a case search;

  •   if a case match is found, reviews the person list, checking dates of birth and social security numbers when available, to ensure a valid match (it is imperative to confirm that the persons reported by law enforcement are the same principal (PRN) persons in the case); and

  •   if a case match is not found, performs person searches on all persons whose information has been provided by law enforcement.

If law enforcement calls regarding a CSCAL, it is not necessary to verify the CSCAL designation in the Special Handling bar on the Case Summary page.

Assessing and processing procedures vary and are spelled out in the below:

If law enforcement provides …

Then the intake specialist…

any information, that when searched, results in a person match in IMPACT to a PRN in an open case,

immediately makes a call out to the routing coordinator (RC) or the on-call worker of the county where the children or family are currently located, and based on the information that is being reported, either

  •   sends an I&R – Call regarding existing CPS case to the open case, if there are no new allegations;

or

  •   creates a new P1 case if there are new allegations, and documents “P1 per CSCAL procedures” at the top of the Narrative

any information, that when searched, results in a person match in IMPACT to a PRN in a closed case,

immediately makes a call out to the RC or the on-call worker of the county where the children or family are currently located, and assesses the information that is being reported and processes a P1 intake, either

  •   by duplicating the intake in the closed CSCAL case if there are no new allegations; and documenting “P1 per CSCAL procedures” at the top of the Narrative; (and by sending an I&R- Call regarding existing CPS case to the field to document the original call)

or

  •   by creating a new P1 case if there are new allegations and documenting “P1 per CSCAL procedures” at the top of the Narrative.

information, that when searched, results in NO person matches found in IMPACT, or only matches a person who is a collateral (COL) in a case

explores whether there are current concerns of abuse or neglect and assesses the report (intake, I&R,) according to standard procedures.

When a Match is Found

If a match to a principal (PRN) is found, the intake specialist informs law enforcement that SWI will immediately call the local office to relay the information, and requests that the law enforcement officer stay with the family and wait for contact from local CPS staff.

At times, law enforcement may have already released the family before calling SWI or does not agree to stay with the family to wait for contact from local CPS staff. If this occurs, the intake specialist gathers whatever locating information is available from the officer and assesses and process the case according to the instructions in the above.

The intake specialist selects the “CSCAL” option from the Disaster Relief drop-down list on the Report Information page for any CSCAL report called in by law enforcement, whether or not a match has been found.

4420 Child Death Reports Under CPS Jurisdiction

4421 Allegations Involving Recent Child Death

SWI Policy and Procedures March 2018

Any report of a child death requires the intake specialist to consult with a supervisor, worker V, or acting supervisor.

Priority 1 (P1)

A P1 intake is completed:

  •  when the death of a child is reported; and

  •  the situation falls under CPS jurisdiction to investigate; and

  •  one of the three situations below applies:

Situation 1

Situation 2

Situation 3

it is alleged that abuse or neglect was a contributing factor to the death

a child dies while in DFPS conservatorship and residing under one of the following circumstances:

  •  the child lived in a relative or kinship placement;

  •  the child lived in the child’s own home;

  •  the child was on runaway status and the child is not listed as being a resident of a licensed placement; or

  •  the child died while hospitalized in a medical facility and the IMPACT placement log lists the hospital as the child’s placement.

  •  a reporter provides information involving a past child death that was never investigated by CPS; and

  •  there is a clear allegation that the child’s death was the result of abuse or neglect.

A P1 is taken regardless of the amount of time that has passed since the death, and regardless of whether or not there are currently other children in the home.

Priority N (PN)

A PN, Child Death/Review Needed intake is completed if one of the two situations below applies:

Situation 1

Situation 2

A child died unexpectedly and the situation falls under CPS jurisdiction to investigate, and:

  •  the cause of death is unknown or undetermined at the time of intake; or

  •  it is unknown if abuse or neglect was a contributing factor to the death at the time of intake.

The child death occurred in the past but was never investigated by CPS, and:

  •  the circumstances of the death are unknown; and

  •  there are no new allegations involving other children.

A PN is taken regardless of the amount of time that has passed since the death occurred.

Role Documentation for P1 and PN Child Death Intakes

If there are no other children in the household who are alleged victims, the deceased child is listed as the oldest victim (OV).

If there are other children in the household who are alleged victims, the intake specialist lists the oldest child, whether living or deceased, as the oldest victim (OV).

When there are allegations of abuse or neglect, but the parent’s role in the death is unclear, then the parent’s role is documented in IMPACT as unknown (UNK).

When it is unknown whether or not abuse or neglect contributed to the death, then the caregiver’s role is documented in IMPACT as unknown (UNK).

Information and Referral (I&R)

An I&R, Clearly Not Reportable—Children is completed if a report is received that a child died and:

  •  the situation does not fall under CPS jurisdiction to investigate; or

  •  a medical professional has determined the cause of death to be accidental or due to natural causes.

See:

2230 The Death of a Child

2232 Death of a Child While in DFPS Conservatorship

Child Suicide

P1 Intake If a child’s suicide is clearly linked to allegations of abuse or neglect, the intake specialist completes a CPS Priority 1 intake and follows standard processing procedures.

Examples:

  •  A child died by suicide and left a note indicating that she killed herself because of sexual abuse by a family member.

  •  A child died by suicide and the child had a known history of depression, and the caretakers knew the child was possibly suicidal and took no action.

PN Intake—If a child died by suicide and the reason for the suicide is unknown, the intake specialist completes a PN, Child death/review Needed.

I&RIf a child died by suicide and there are no indications that abuse or neglect were contributing factors, and there were no warning signs that the child might harm him or herself, the intake specialist completes an I&R Clearly not reportable – re: children.

4422 Death of a Child Reported by Law Enforcement

SWI Policy and Procedures March 2015

All child death reports require consultation (staffing) with a supervisor, worker V, or acting supervisor, and are assessed in the same manner, whether reported by Law Enforcement, the public, or medical facility staff.

4423 Child Death Report That Has Already Been Investigated

SWI Policy and Procedures March 2015

When a reporter provides information about a child death, the intake specialist completes a history search to determine whether the child death has been investigated.

If the death has been investigated, the investigation stage has been closed, and there are no new allegations involving other children, the intake specialist completes a CPS PN intake with the closure reason Child Death/ Review Needed, documents the deceased child on the Person List as the OV, and follows standard processing procedures. The intake is routed to the field.

See 4940 CPS Assignment and Call-Out.

4423.1 New Allegations after Child Death Investigation is Closed

SWI Policy and Procedures March 2015

If the death has been investigated and the investigation stage has been closed but there are new allegations involving other children in the household, then the intake specialist completes a CPS intake. The Priority assessment is based on the current safety threats to the children in the household. The intake specialist:

  •   does not include the deceased child on the Person List;

  •   documents the information about the deceased child in the narrative; and

  •   assesses the information based on the safety of the remaining children.

4424 Past Child Death That Has Never Been Investigated

SWI Policy and Procedures March 2015

When a reporter provides information involving a past child death that has never been investigated, and there is a clear allegation that the child death was the result of alleged abuse or neglect, then the intake specialist completes a CPS Priority 1 intake and follows child death procedures even if there are no other children in the home.

See 4421 Allegations Involving Recent Child Death.

4425 Current Abuse or Neglect Alleged That Includes Vague Child Death Information

SWI Policy and Procedures March 2015

The intake specialist completes an intake involving the current allegations, but does not complete a child death intake when:

  •   a person reports abuse or neglect that is a current concern; and

  •   mentions that a child died in the past; but

  •   has no direct knowledge that abuse or neglect contributed to the death.

The intake specialist assesses priority based on the current allegations. The deceased child information is not placed on the Person List, but is documented in the Narrative.

4430 Child Safety Issues

4431 Concerns Regarding an Unborn Child

SWI Policy and Procedures September 2017

In most cases, SWI cannot recommend an investigation regarding concerns for an unborn child. The child must be born alive before CPS has jurisdiction to intervene. When there are no other children to consider, the intake specialist completes the appropriate I & R type and recommends the reporter contact SWI after the child is born.

There are two exceptions that allow reports to be taken for unborn children:

1.   The intake specialist completes a CRSR – Request for Local Public Service when:

  •  the information does not support an intake for other children or there are no other children in the home; and

  •  a professional reporter (typically law enforcement, medical, or casework staff) is requesting CPS assistance; and

  •  the mother is expected to deliver in the next 24-48 hours.

The unborn child is not included on the Person List. A CRSR should not be completed if the woman is early in the pregnancy.

2.   The intake specialist completes a P1 MDNG intake when:

  •  the birth of the child is expected within 24 hours; and

  •  the child will require life sustaining medical treatment immediately after birth; and

  •  the mother is refusing to consent to the medical treatment.

The unborn child is documented as the OV on the intake.

4431.1 Drug or Alcohol Use During Pregnancy (Unborn Child)

SWI Policy and Procedures September 2017

SWI cannot recommend an investigation for abuse or neglect regarding drug or alcohol use by a pregnant woman until after the child is born. See number 1 in 4431 Concerns Regarding an Unborn Child for the exception.

Other Children to Consider

When a woman is alleged to be using drugs or alcohol during her pregnancy or tests positive during the pregnancy, the intake specialist assesses whether there are current safety issues to other children being cared for by the pregnant woman. The intake specialist’s assessment should include the nature and extent of the woman’s use of drugs or alcohol.

If the information supports an allegation, the intake specialist completes an intake, listing the known children as victims. The unborn child is not listed on the Person List. Concerns about the unborn child are documented in the intake Narrative.

4431.2 Drug or Alcohol Use During Pregnancy (Post Delivery)

SWI Policy and Procedures March 2018

Assessing for PHAB

If a newborn exhibits signs of physical harm due to the mother’s drug or alcohol use, the intake specialist completes a P1 intake with an allegation of physical abuse (PHAB) regardless of the drug screen results.

Signs of harm may include, but are not limited to, Fetal Alcohol Syndrome, Fetal Alcohol Affect, or Neonatal Abstinence.

When an official diagnosis has not yet been given, the intake specialist can recommend an investigation for PHAB when the physician has expressed concerns that the newborn was physically harmed from exposure to drugs or alcohol.

Assessing for NSUP

When a mother or newborn tests positive for drugs or alcohol at the time of the child’s birth, but the child does not show any effects due to the mother’s use, the intake specialist completes a P1 with an allegation of neglectful supervision (NSUP).

When information is received that alleges a mother used drugs or alcohol during her pregnancy, but the mother and newborn tested negative at the time of the birth and there was no information that the newborn experienced physical harm due to the mother’s use, the intake specialist considers the nature and extent of the mother’s substance use and her ability to provide a safe environment for the newborn.

If current safety issues are identified, the intake specialist completes a CPS NSUP intake. The priority is based on the severity and immediacy of the circumstances.

A single positive drug screen early in the pregnancy, with no other safety concerns, does not support an intake.

4431.3 Miscarriage or Fetal Demise

SWI Policy and Procedures December 2010

If it is reported that a woman had a miscarriage or fetal demise and it is suspected that the cause is related to drug or alcohol use or the woman was positive for drugs at the time of the miscarriage or demise, a child death intake is not warranted since there was not a live birth.

If there are other children in the home, the intake specialist assesses whether there are allegations of abuse or neglect to these children. If there is an allegation, the intake specialist completes an intake, listing the children in the home as victims. The child who died before birth is not listed on the Person List, but the intake specialist addresses concerns about the child in the narrative.

See 4300 CPS Assessment of Priority.

If there are no other children in the home, the intake specialist completes an I&R “Clearly Not Reportable.” See:

2222 Information & Referrals

3600 Processing an Information and Referral (I&R)

I&R and CRSR Types and Requirements

4432 Mother With AIDS or HIV Is Breastfeeding

SWI Policy and Procedures April 2009

If a mother with AIDS or HIV is breastfeeding, the intake specialist completes a P1 intake with an allegation of neglectful supervision (NSUP). Information regarding the mother’s diagnosis of AIDS, HIV, or other illnesses is documented in the Narrative.

4434 Risk to a Child Exposed to a Methamphetamine Lab

SWI Policy and Procedures April 2008

When a child is alleged to be exposed to methamphetamine manufacturing (commonly known as meth labs), the intake specialist generates an intake.

Prioritization

When a law enforcement (LE) official or an LE representative (such as victim services) informs SWI that police are at a home or are planning to respond to a home where methamphetamines are being manufactured and children are present, the intake specialist generates a Priority 1 intake.

When a reporter other than law enforcement reports that methamphetamines are suspected to be manufactured in the home, the intake specialist obtains detailed information about:

  •   the location of the lab in the home;

  •   when and how often the drug is being made;

  •   where the chemicals are stored;

  •   whether there is a chemical odor in the home; and

  •   whether children have access to the chemicals or processing equipment.

If the information appears to be credible regarding a meth lab in the home, the intake specialist generates a Priority 1 intake.

If the reporter has only a suspicion of a laboratory in the home and has no specific details, the intake specialist assesses the priority based on all the risk factors.

Special Handling

If the report meets the requirement for special handling (see 2211 Special Handling Reports), the intake specialist:

  •   marks the Special Handling check box; and

  •   documents brief comments, such as the location of the lab, in the Special Handling section on the Intake Actions page (the intake specialist enters the details in the Narrative, rather than in the Comment box).

4435 Processing Intakes Assigned a Priority of N (PNs)

SWI Policy and Procedures March 2015

Intake Specialist’s Actions

In the Conclusion section of the narrative, the intake specialist documents the Assessment Statement, which indicates the program, allegations, and priority, followed by a narrative conclusion.

On the Intake Actions page, the intake specialist:

  •   chooses the priority of PN;

  •   clicks the Assign PN button located to the right of the Priority dropdown box on the Intake Action page; and

  •   selects the appropriate Closure Code from the dropdown menu.

The intake specialist saves and assigns the PN to the designated SWI workload following regular procedures. If an intake specialist accidentally saves and submits a PN, a supervisor is contacted to correct the error.

See:

2211 Special Handling Reports

4300 CPS Assessment of Priority

4436 Protective Service Alerts (PSA)

SWI Policy and Procedures May 2015

Protective Service Alerts (PSAs) are notifications from child protective agencies outside the State of Texas. The families referenced in the notifications are under investigation, but currently have no known address. IMPACT allows the identifying information of these families to be added to our database in the form of a CPS Case Related Special Request (CRSR) and the special request type is CRSR – Protective Services Alert.

PSAs arrive primarily as written correspondence, but may arrive by phone or by internet report. When a PSA is received the intake specialist searches each family member in IMPACT for history.

Match is Found

If a match is found and reveals an open DFPS case, the PSA is entered as an I&R – Call regarding existing case and saved and assigned to the routing coordinator per routing instructions.

Match is Not Found

If a match is not found, the PSA information is entered as a CRSR. The Program Type is CPS, and the Special Rqst Type is Protective Service Alert.

The family should be entered on the Person List as principals with NO role. All identifying and demographic information that is provided by the reporter should be included on the Call Person Detail page. The person sending the PSA to SWI is the reporter. All other provided information should be documented in the narrative. From the Intake Actions page, the CRSR should be saved and submitted to the designated workload following existing procedures.

See Manual Assignment Charts.

Support staff who discover incomplete CRSRs in the process of performing their duties  request assistance from an intake supervisor or worker V.

4437 Reports Involving Family Violence

SWI Policy and Procedures August 2017

"Family violence" is defined as an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.

Texas Family Code §71.004

When assessing situations that involve family violence, the intake specialist must consider several factors, which include, but are not limited to:

  •   severity of injuries to the child or caregiver;

  •   severity of the incident;

  •   whether the child is in proximity of the violence;

  •   child vulnerability;

  •   caregiver protective actions;

  •   intended target of violence; and

  •   potential for substantial injury.

A report of family violence has the potential to result in an intake for NSUP, PHAB, EMAB, or any combination of the three. When information regarding family violence does not meet the criteria for NSUP, PHAB, or EMAB, the intake specialist completes the appropriate I&R type. See I&R and CRSR Types and Requirements.

4437.1 Assessing for NSUP As a Result of Exposure to Family Violence

SWI Policy and Procedures August 2017

It is not necessary for a child to have an injury to support an NSUP allegation for exposure to family violence. When assessing for NSUP, the intake specialist considers whether the child is in the proximity of the violence. Proximity is defined as the child being located in a place that reasonably places the child at risk of physical harm in relation to the level of violence. The intake specialist also considers the child's level of vulnerability, injuries sustained by the child, and the severity of injuries sustained by the caregiver. The severity of injuries sustained by the caregiver is an indicator of the level of violence, which helps the intake specialist determine the threat of potential harm to the child.

The intake specialist completes an intake for NSUP in the following circumstances:

  •   A caregiver is in proximity of a child and is committing family violence that has the potential to cause serious harm to the child, such as throwing objects, using weapons to harm or threaten others, or striking others when a child is likely to be hit. This includes situations when a child attempts to intervene by placing himself or herself in close proximity to the violence.

  •   A household member assaults a caregiver who is supervising a vulnerable child, when the severity of the caregiver's injuries prevent the caregiver from providing appropriate care and supervision for the child. This situation does not require the child to be in proximity of the violence.

  •   A child who is over the age of five receives a minor injury as a result of being exposed to family violence, but the severity of the incident could have resulted in a more serious injury.

The priority is determined based on the immediacy and severity of the situation. See 4437.4 Assigning Roles for Family Violence Related Intakes.

Texas Administrative Code §700.475

4437.2 Assessing for PHAB As a Result of Exposure to Family Violence

SWI Policy and Procedures August 2017

When a child is injured as a result of being exposed to family violence, the intake specialist considers the age of the child, the severity of the injury, the presence of special needs or disabilities, and direct threats of physical harm to the child.

The intake specialist completes an intake for PHAB when:

  •   family violence results in any physical injury to a child age five or under or a child of any age with special needs or a disability that raises the child's level of vulnerability;

  •   family violence results in a substantial physical injury to a child of any age; or

  •   a caregiver threatens to kill or substantially harm a child, and factors indicate a reasonable likelihood that the caregiver may follow through with the threat or the child exhibits genuine fear of harm.

The priority is determined based on the immediacy and severity of the situation. See 4437.4 Assigning Roles for Family Violence Related Intakes.

Texas Administrative Code §700.475 and §700.455

4437.3 Assessing for EMAB As a Result of Exposure to Family Violence

SWI Policy and Procedures August 2017

When assessing for EMAB as a result of exposure to family violence, the intake specialist explores the child's behaviors to look for a link between the violence and the child's behaviors. See 4220 Determining Emotional Abuse in CPS Reports.

Once the intake specialist identifies behaviors or symptoms, he or she must determine if these symptoms present an observable and material impairment in the child's growth, development, or psychological functioning. This determination requires the intake specialist to apply professional judgment. The priority is determined based on the immediacy and severity of the situation. See 4237.4 Assigning Roles for Family Violence Related Intakes.

Texas Family Code §261.001(1)(A),(B)

Texas Administrative Code §700.475 and §700.453

4437.4 Assigning Roles for Family Violence-Related Intakes

SWI Policy and Procedures August 2017

The Texas Administrative Code includes specific criteria for identifying alleged perpetrators of family violence. The majority of the information needed to support those definitions is often not known at the intake stage. For this reason, once abuse or neglect has been determined:

  •   the role of the alleged perpetrator is assigned based on which adult caused harm to another adult in a way that presented a safety threat to a child; and

  •   the role of the adult victim of family violence is assigned as Unknown, which allows CPS to change the role if necessary, after the caseworker has assessed the situation in its entirety and can determine if the specific criteria outlined in TAC §700.475 are applicable.

The frequency of occurrence is not a factor to consider when assigning roles. Additionally, the adult victim's actions in defending himself or herself or the children should not be considered as "engaging" or "participating" in family violence.

Both adults may be assigned a role of alleged perpetrator if:

  •   both of them have caused harm during separate incidents; or

  •   one adult demonstrated aggression but the other adult intensified the violence beyond what was necessary for self-protection. (For example: Mother pushes aunt and then walks away. Aunt responds by grabbing a hammer and hitting mother in the head.)

4440 Child Removed by Non-DFPS Entities

4441 Court-Ordered Investigations or Removals

SWI Policy and Procedures April 2008

If a court orders an investigation into alleged abuse or neglect, or a court orders a removal, the intake specialist completes a P1 intake.

If a court orders intervention that does not allege abuse or neglect, the intake specialist completes a case-related special request (CRSR).

4442 Children Placed in a Shelter by Law Enforcement

SWI Policy and Procedures April 2008

When a law enforcement officer places a child in an emergency shelter and SWI is called, the intake specialist assesses whether there is an actual abuse or neglect allegation before generating an intake.

If abuse or neglect is alleged, the intake specialist completes a P1 intake.

If there are no allegations, but law enforcement requests CPS assistance, the intake specialist completes a case-related special request (CRSR).

4450 Reports Involving an Unrelated Caregiver

4451 Day Care Provided Outside of a Child’s Home

SWI Policy and Procedures November 2011

If there are allegations of abuse or neglect of a child by an unrelated person providing day care outside the child’s home, the intake specialist assesses the parent’s role in the situation to determine whether the parent is protective.

If it is suspected that the parent is not protective, the intake specialist completes an intake for CPS.

The intake specialist also assesses whether the caregiver is licensed or is subject to regulation by CCL. See 5340 Determining Whether Child Care Provided in the Caregiver’s Home is Subject to DCL Regulation and 5330 DCL Illegal Operations.

If the caregiver is not subject to CCL regulation, the intake specialist completes an I&R Non-FPS Criminal Matter. See 2661 Reports of Abuse, Neglect, Exploitation, or Death Investigated by Law Enforcement.

4452 Day Care Provided In the Child’s Home

SWI Policy and Procedures November 2011

Occasional Child Day Care

If there are allegations of abuse or neglect of a child by an unrelated person providing occasional care inside the child’s home, the intake specialist assesses whether the parent is appropriately protective by not allowing the person access to the child.

  •  If the parent is protective, the intake specialist takes an I&R to be faxed to law enforcement. The In RE is in the name of the caregiver.

  •  If the parent does not appear to be protective, the intake specialist also completes a CPS intake with the parent as the alleged perpetrator.

Ongoing Child Day Care

If there are allegations of abuse or neglect by a person who provides care on an ongoing basis in the child’s home, the intake specialist completes an intake even if the parents are protective. The intake is in the name of the parent, with the caregiver as the alleged perpetrator and relationship as an unrelated household member.

If the parent does not appear to be protective, the parent is also listed as a perpetrator. Since the caregiver is not subject to licensure by Day Care Licensing (DCL), the report is sent only to CPS.

If there are safety issues involving the caregiver’s own children, the intake specialist completes a separate CPS report on the caregiver’s household.

4453 Foreign Exchange/Sponsorship Program

SWI Policy and Procedures November 2011

If a child is living with a family under the sponsorship of a foreign exchange program or organization, the sponsoring family is considered the caregiver. If there are allegations of abuse or neglect by the family, the intake specialist completes an intake for CPS.

4460 Parents and Child Care Provider Both Possible Perpetrators

SWI Policy and Procedures October 2016

When there are allegations of abuse or neglect, but it is not known whether the parent or child care provider who is subject to regulation by Child Care Licensing (CCL) is the perpetrator, the intake specialist completes a CPS and a CCL intake.

When determining whether dual intakes are needed, consider the following factors:

  •  There is no information to indicate where the incident occurred or who was caring for the child when the injury occurred.

  •  There is conflicting information regarding where the incident occurred.

  •  Information is provided about where the incident occurred but there is reason to doubt the validity of that information.

When a child is the victim of abuse, neglect, or exploitation by a child care provider and the parent is not protective, dual intakes may be necessary depending on the severity of the abuse, neglect, or exploitation.

See 5000 Child Care Licensing (CCL) Division.

4470 Reports on Multi-Family Households

4471 Clarification of Terms: Family and Multi-Family Household

SWI Policy and Procedures April 2009

Family

Family, in the context of a “one case per family” group, refers to:

  •  a nuclear family consisting of parents or legal caretakers and their child or children by birth, conservatorship, adoption, or marriage; or

  •  families blended by marriage with step-parents, such as a parent with a child or children married to another person with a child or children.

These definitions of family apply even when the parent or legal caretaker does not live in the home with the child. For example, when a child resides with a relative or friend who does not have conservatorship, the child's family in this context means his or her biological or legal parents, not the relatives with whom the child lives. The parent, or other legally responsible person, has the legal responsibility to ensure the child's safety if the child is at risk of abuse or neglect.

Multi-Family Households

Multi-family households include, but may not be limited to, the following:

  •  More than one family group lives in the same household but the two groups are not related. Examples: A parent and her child live with an unrelated roommate and her children; or, a mother and her children live with her paramour and his child.

  •  More than one family group lives in the same household and they are related to each other. Examples: Three sisters and their children live together; or, several generations of a family live together.

  •  The household consists of a family group and a child who is not in the conservatorship of anyone in the household and whose parents do not live in the home. Example: An aunt, her boyfriend, and their child are caring for her sister's two children, but the sister does not live in the home.

A separate intake is completed for each family in the household, unless:

  •  there is not sufficient information to clearly determine that it is a multi-family household. The intake specialist documents in the Narrative section of the intake that this might be a multi-family household; or

  •  there is a multi-family household, but there are no allegations involving one of the families. Only one intake is completed on the multi-family household.

4472 Person Detail on Multi-Family Intakes

SWI Policy and Procedures April 2009

The intake specialist completes the Person Detail on a multi-family household as follows:

  •  List all adults as principals with their relationship to the oldest victim (OV).

  •  List the children as principals in the intake for their own nuclear family.

  •  List the children of the other family or families in the household as collaterals.

Exception: If a child in one nuclear family is an alleged perpetrator (AP) in an intake involving another family in the household, the child is listed as a PRN (principal) and the role is listed as AP.

4480 Issues Involving Children in DFPS Conservatorship

4481 Situations That Always Require an I&R Call Regarding Existing CPS Case

SWI Policy and Procedures March 2018

Child Is In DFPS Conservatorship

In addition to any intake or I&R that may be generated regarding a child in DFPS conservatorship, the intake specialist must notify field staff when any of the following situations occur:

  •  The child has run away or returned to the placement after running away.

  •  The child has been hospitalized or has required treatment by a medical professional in an emergency room or hospital because of injury, trauma, or illness.

  •  The child has been arrested.

  •  The child has died.

The intake specialist documents the notification as an I&R – Call regarding existing CPS case and pastes the open CPS case at the top of the narrative.

If the field office is open, the intake specialist assigns the I&R to the routing coordinator of the appropriate local office.

If the field office is closed, the intake specialist either:

  •  calls out the I&R to the appropriate on-call staff and assigns the I&R to the on-call staff; or

  •  assigns the I&R according to the Manual Assignment Charts.

Child Is in DFPS Conservatorship and Is Residing in a Facility Subject to CCL or APS Provider Investigations Jurisdiction

When an allegation of abuse or neglect involves a child who is in DFPS conservatorship and who is residing in a facility subject to CCL or APS PI investigation, the intake specialist assesses if the allegation requires an intake for CPS, CCL, or APS PI. Once this determination is made, the intake specialist completes the intake for the appropriate program. If an intake is not generated, the intake specialist generates an I&R – RCL Standards Compliance or an I&R – AFC Client Rights/Fac Admn issues depending on the type of facility in which the child resides.

  •  When the child attends a program investigated by Day Care Licensing (DCL) and a report is made regarding the program, an I&R DCL Standards Compliance is assessed, unless a DCL intake has already been assessed.

  •  When the child resides in a facility subject to Residential Child Care Licensing (RCCL) investigation and an intake for any program other than RCCL is generated, the intake specialist also generates an I&R - RCL Standards Compliance regardless of whether the report is about the facility the child resides in.

  •  When the child resides in a facility subject to AFC investigation and an intake for any program other than AFC is generated, the intake specialist also generates an I&R - AFC Client Rights/Fac Admn.

See 7510 Reports Involving Children in CPS Conservatorship.

Child Care Licensing is responsible for notifying CPS when a child in DFPS conservatorship is involved in in an RCCL or DCL intake or I&R. APS Provider Investigations is responsible for notifying CPS when a child in DFPS conservatorship is involved in an APS PI intake. When a child in DFPS conservatorship is involved in an I&R – AFC Client Rights/Fac Admn, SWI must always notify CPS by sending an I&R to the open CPS case.

See the below for help in determining whether or not SWI notifies CPS:

Type of Report

Who notifies CPS

Does SWI send an I&R Call Regarding an Existing CPS Case?

RCCL intake

RCCL

No, unless the child:

  •  has run away or returned to the placement after running away;

  •  has been hospitalized or has required treatment by a medical professional in an emergency room or hospital because of injury, trauma, or illness;

  •  has been arrested; or

  •  has died.

The intake specialist or support staff call out this I&R to CPS if it is after regular business hours.

DCL intake

DCL

No, unless the child:

  •  has run away or returned to the placement after running away;

  •  has been hospitalized or has required treatment by a medical professional in an emergency room or hospital because of injury, trauma, or illness;

  •  has been arrested; or

  •  has died.

The intake specialist or support staff call out this I&R to CPS if it is after regular business hours.

APS PI intake

APS PI

No, unless the child:

  •  has run away or returned to the placement after running away;

  •  has been hospitalized or has required treatment by a medical professional in an emergency room or hospital because of injury, trauma, or illness;

  •  has been arrested; or

  •  has died.

The intake specialist or support staff call out this I&R to CPS if it is after regular business hours.

I&R RCL Standards Compliance

RCCL

No, unless the child:

  •  has run away or returned to the placement after running away;

  •  has been hospitalized or has required treatment by a medical professional in an emergency room or hospital because of injury, trauma, or illness;

  •  has been arrested; or

  •  has died.

The intake specialist or support staff call out this I&R to CPS if it is after regular business hours.

I&R DCL Standards Compliance

DCL

No, unless the child:

  •  has run away or returned to the placement after running away;

  •  has been hospitalized or has required treatment by a medical professional in an emergency room or hospital because of injury, trauma, or illness;

  •  has been arrested; or

  •  has died.

The intake specialist or support staff call out this I&R to CPS if it is after regular business hours.

I&R AFC Client Rights/Fac Admn Issues

SWI

Yes

If the report is regarding a child who:

  •  has run away or returned to the placement after running away;

  •  has been hospitalized or has required treatment by a medical professional in an emergency room or hospital because of injury, trauma, or illness;

  •  has been arrested; or

  •  has died;

and it is after regular business hours, then the intake specialist or support staff call out this I&R to CPS.

See 3900 Assigning, Submitting, or Closing Reports.

4482 Youth in DFPS Conservatorship Has a Baby

SWI Policy and Procedures March 2018

When a youth in DFPS conservatorship has a baby, DFPS may or may not take conservatorship of the baby. The term “baby” refers to any youth parent’s child regardless of the child’s age.

CPS Seeks Conservatorship

If CPS seeks DFPS conservatorship due to allegations of abuse or neglect of the baby, the intake specialist completes an intake. The case name is the baby’s parent’s name.

CPS Does Not Seek Conservatorship

If CPS does not pursue conservatorship of the baby, but places the baby with the parent in the parent’s foster placement, the intake specialist completes a case-related special request (CRSR) with the type Request for Public Service.

The CRSR is necessary so that placement may be accounted for and payment made regarding that baby.

The intake specialist must always ask if the report needs to be backdated, meaning that the report is entered with a date and time that differs from the date and time of the call. For example, if a field staff member has already placed the baby, then the date and time of that placement is the correct date and time of the intake. Therefore, the intake specialist enters the date and time that the field staff member identifies as the date and time that placement began. In the Child Protective Services Handbook see 6442 When a Youth in Substitute Care is Parenting.

The intake specialist conducts a search of the parent’s name and then relates any matches found. If there is more than one baby, the intake specialist completes a CRSR for each baby. The case name is the baby’s parent’s name.

The CRSR is routed to the county that has the open conservatorship case of the baby’s parent.

4483 Young Adults Who Return to Care

SWI Policy and Procedures March 2018

CPS has a return for Extended Foster Care program for young adults aged 18 to 21 years old who:

  •  have aged out of the CPS foster care system; and

  •  desire to return to CPS paid care to participate in DFPS Extended Foster Care.

Young Adult Requests to Return to Care

If the intake specialist receives a call from a young adult requesting to return to care, the intake specialist follows normal procedures and assesses the situation for allegations of abuse, neglect, or exploitation for which DFPS has investigational jurisdiction.

If there are no allegations, the intake specialist explains that the young adult must contact the regional Preparation for Adult Living (PAL) coordinator in the region where the young adult is currently located and provides the reporter with the name and office phone number for the pertinent regional staff. The list of PAL staff can be found on the Regional Preparation for Adult Living (PAL) Coordinators page of the DFPS internet. For these requests, the intake specialist completes an I&RGeneral Information, and saves and closes it.

CPS Notification of a Young Adult Wishing to Return to Care

PAL staff have the capability of entering their own Return to Care reports as CRSRs.

Young Adults Returning To Care Who Have Children of Their Own

At times, young adults who are returning to care will bring children of their own with them. In these situations the intake specialist assesses to determine if there is any abuse or neglect to the young adult’s children. If so an intake is entered.

If no abuse or neglect is present a CRSRReq Local Public Svc is processed. If there is more than one child, a separate CRSR is processed for each child as well as the CRSR for the young adult. The case name is that of the young adult, who is the parent in this context. The intake specialist must always ask if the report needs to be backdated, meaning that the report is entered with a date and time that differs from the date and time of the call. For example, if a field staff member has already placed the baby, then the date and time of that placement is the correct date and time of the intake. Therefore, the intake specialist enters the date and time that the field staff member identifies as the date and time placement began.

4490 Reports of Abuse or Neglect that Involve School Personnel

SWI Policy and Procedures March 2018

CPS investigates alleged child abuse or neglect by school personnel or volunteers that occurs in a school setting.

CPS does not investigate administrative issues or violations of school policies unless the issues or violations meet the statutory definition of abuse or neglect.

DFPS Rules, 40 TAC §700.401

DFPS Rules, 40 TAC §700.404

DFPS Rules, 40 TAC §§700.451-700.477

Texas Family Code §261.001(1) and (4)

In the Child Protective Services Handbook see 2320 School Investigations.

4491 Reports of Abuse or Neglect That Involve Home Schooling

SWI Policy and Procedures July 2016

Reports involving the abuse or neglect of home-schooled children are assessed based on the same criteria and intake guidelines as any other CPS report.

Home schools are not subject to inspection, monitoring, or regulation by the Texas Education Agency or by local school districts.

4492 Reports of Abuse or Neglect That Involve Boarding Schools

SWI Policy and Procedures July 2016

If a child lives at a boarding school and there are allegations of abuse or neglect by school personnel or volunteers, the intake specialist completes an intake for CPS. The intake specialist performs a thorough resource search to determine whether the facility is a boarding school or a facility licensed by DFPS Residential Child Care Licensing (RCCL), such as a basic care facility or a residential treatment center.

4493 Reports Involving School Personnel

4493.1 Intake Criteria
4493.11 Abuse and Neglect Allegations

SWI Policy and Procedures July 2016

Allegations (reports) of abuse or neglect must:

  •  identify a specific victim who was under the age of 18 when the incident occurred;

  •  identify a specific perpetrator who meets the definition of school personnel or volunteers at the child’s school;

  •  involve a specific incident that occurred in a school setting;

  •  involve a specific incident that occurred during the current school year, or it must be likely that sufficient evidence can still be obtained to establish whether or not abuse or neglect occurred in a school setting;

  •  not have already been investigated by the Texas Department of Family and Protective Services; and

 •  meet the statutory definition of abuse or neglect.

Intake specialists make the initial determination of whether an allegation meets the statutory definition of abuse or neglect. If an intake specialist determines that the statutory definition appears to be met and the report contains all of the required information listed above, he or she completes an intake according to standard processing procedures.

DFPS Rules, 40 TAC §700.404

CPS only investigates allegations of in-school abuse when both the alleged perpetrator and the alleged victim meet specific criteria.

Abuse or neglect does not include:

  •  the use of restraints or seclusion when such techniques do not meet the statutory definition of child abuse or neglect;

  •  actions that school personnel or volunteers reasonably believe to be immediately necessary to avoid imminent harm to the child or other individuals if the actions:

  •  are limited only to those actions reasonably believed to be necessary under the existing circumstances; and

  •  do not include unnecessary force or the inappropriate use of restraints or seclusion, such as use of restraints or seclusion as a substitute for lack of staff;

  •  reasonable discipline that is appropriate to the child’s age, size, and developmental level and does not cause or pose a genuine threat of causing substantial physical harm.

DFPS Rules, 40 TAC §700.403(b)

Reports of abuse or neglect that do not meet the criteria for investigation are referred to law enforcement.

DFPS Rules, 40 TAC §700.404(b)

4493.12 Alleged Perpetrator

SWI Policy and Procedures July 2016

Alleged perpetrators must be school personnel or volunteers at the alleged victim’s school.

School personnel and volunteers are 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;

  •  bus drivers employed by the school district and serving the school that the alleged victim attends;

  •  cafeteria staff working at the school that the alleged victim attends;

  •  school custodians; and

  •  police or security officers employed directly by the school (sometimes called resource officers).

DFPS Rules, 40 TAC §700.402(10)

4493.13 Alleged Victim

SWI Policy and Procedures January 2017

The alleged victim must:

  •  be a child; or

  •  have been a child at the time that the alleged abuse or neglect occurred.

DFPS Rules, 40 TAC §700.404(a)(3)

If an alleged victim in a school report was a child at the time of the incident but is age 18 or older when the report is made, in IMPACT the intake specialist:

  •  documents the victim as the OV (oldest victim); and

  •  documents the victim’s current age.

Only the child about whom specific allegation information was obtained is listed on the Person List. The intake specialist does not enter Unknown on the Person List page to represent other students to whom an alleged perpetrator (AP) has access.

If the alleged victim was not a child at the time of the incident, the intake specialist must complete an I&R – Non FPS Criminal Matter Referred to Law and refer the report to the appropriate law enforcement agency.

If the alleged victim is an adult with a disability, the intake specialist must complete an APS intake.

4493.14 Location Where Abuse or Neglect Occurred

SWI Policy and Procedures July 2016

A “school setting” is:

  •  the physical location of the child’s school;

  •  the location of an event sponsored or approved by the child’s school; or

  •  any location where the child is in the care, custody, or control of school personnel in their official capacity.

DFPS Rules, 40 TAC §700.402(11)

Additionally, the same allegations must not already have been investigated by DFPS.

DFPS Rules, 40 TAC §700.404(a)(6)

4493.2 Documentation
4493.21 School Personnel as Alleged Perpetrators (APs)

SWI Policy and Procedures July 2016

The intake specialist completes a separate intake in IMPACT for each school employee or volunteer who is considered an alleged perpetrator.

  •  In the In Re and Case Name fields, the specialist enters the name of the alleged perpetrator (AP). If the name is not known, these fields are left blank.

  •  For the AP’s address and county code, the specialist enters the school’s address and county.

  •  If the home address of the AP is known, the intake specialist enters it as a secondary address in the Person Detail section.

  •  The only persons listed as principal person type on the Person List page are the AP and any victims.

  •  The address entered for the victim is the victim’s home address.

  •  The parents of the victim are identified as Collaterals on the Person List.

If there are multiple perpetrators in the school setting, there must be a separate report for each alleged perpetrator, even if the perpetrators are involved in the same situation. 

4493.22 Parents as Alleged Perpetrators (APs)

SWI Policy and Procedures July 2016

A parent is never identified as an alleged perpetrator in a CPS school report, only as a Collateral. If allegations are made against a parent that rise to the level of abuse or neglect, those allegations are documented and assessed in a separate CPS report.

4494 HHS Unable to Locate Parent or Guardian of a Child in an ICF/ID or Nursing Facility

SWI Policy and Procedures July 2013

SWI receives referrals from Health and Human Services (HHS) when an intermediate care facility for people with an intellectual disability (ICF/ID) or nursing facility is unable to locate a resident child’s parent or guardian, despite making attempts to locate the parent or guardian for a full year. These referrals are sent directly to the SWI QAUNIT mailbox (“DFPS QAUNIT”) by HHS Consumer Rights and Services Division staff.

SWI generates a Priority 2 (P2) intake with an allegation of abandonment (ABAN) on these referrals. The HHS staff submitting the referral is listed as the reporter and the narrative documents that the referral is in accordance with Government Code §531.165.

The intake is saved and assigned to the parent or guardian’s last known county of residence. If HHS is unable to provide a last known county of residence for the parent or guardian, the intake is assigned to the county where the child’s long term care facility is located. SWI emails the routing coordinator (RC) and forwards the attachments completed and sent by HHS (DFPS Diligent Search Form 2277 and HHS checklist for Parent/Guardian Search) to the CPS routing coordinator of the region to which the CRSR was sent.

4495 Reports Involving Post-Adoption Issues but No Allegation of Abuse or Neglect

SWI Policy and Procedures July 2014

In some circumstances, a family who has adopted a child who was previously in DFPS conservatorship may be unable to continue to care for the child because of the child’s therapeutic needs. These needs may involve emotional or behavioral issues related to trauma experienced before the adoptive placement, or as a result of genetic issues not known before consummation.

If No Abuse or Neglect Is Alleged

If the child was adopted directly from DFPS custody and the family resides in the state of Texas, DFPS may be able to provide the adoptive family with an out-of-home placement of the adoptive child if:

  •  the child’s therapeutic or behavioral needs cannot be met in a family setting; or

  •  the child’s behaviors are too dangerous to others in the home for the child to remain in the home.

The adoptive family:

  •  must have exhausted all community resources, their insurance benefits, and available post-adoption services; and

  •  must be willing to continue involvement with the child during the out-of-home placement.

If the child is unable to remain in the home, and the adoptive family has met the above two conditions, then a CPS intake is generated using the following IMPACT procedures below.

IMPACT Procedures

When an adoptive family contacts DFPS to request placement for their adopted child for therapeutic or behavioral reasons, the intake specialist:

  •  processes a CPS intake alleging refusal to accept parental responsibility (RAPR);

  •  leaves the alleged perpetrator as “Unknown”;

  •  does not document the adoptive parents as perpetrators of abuse or neglect; and

  •  assesses the priority based on how quickly the child requires out-of-home placement.

In the Child Protective Services Handbook, see 6961 Postadoption Substitute-Care Services

If Abuse or Neglect Is Alleged

If abuse or neglect is alleged towards the adoptive child, the intake specialist completes an intake recommending an investigation of the allegations instead of initiating the process described above.

This process is used only when abuse or neglect is not present and the presenting problems are the result of emotional or behavioral issues the child was experiencing before the adoptive placement.

When Criteria Is Not Met

If the criteria outlined above (child adopted from DFPS custody, family resides in Texas, family has exhausted community resources, and so on) are not met, and there are no allegations of abuse or neglect, then an I&R is completed.

4500 CPS Investigational Jurisdiction

4510 Determining Whether to Generate a Texas CPS Intake

SWI Policy and Procedures May 2015

In order to determine whether a CPS intake is generated, the intake specialist considers whether the incident occurred in Texas, where the child is currently located, and whether the child and alleged perpetrator live in Texas. See 4511 CPS Out-of-State below for guidelines on whether SWI refers a report to CPS in Texas or CPS in another state.

4511 CPS Out-of-State Table

SWI Policy and Procedures July 2017

The table below shows the following factors:

The child’s primary residence: where the child primarily resides. In most circumstances, a child’s residence is the same as the parent or managing conservator’s residence.

The child’s current location: where the child is located at the time the report is being made. If the child is en route from one place to another, the intake specialist follows the guidelines as if the location of the child is the child’s destination.

The alleged perpetrator’s residence: where the alleged perpetrator lives.

Where the incident occurred: where the abuse or neglect happened. If the abuse or neglect occurred in both Texas and another state, the intake specialist follows the guidelines as if the incident occurred in Texas. See 4513 Texas CPS Intake and Additional Children at Risk in Another State

There are only two options for each of these factors: in Texas or out-of-state. “In Texas” means anywhere inside the state of Texas. “Out-of-state” means anywhere outside of Texas, including out of the country.

Unaccompanied Alien Child (UAC) Who Is Not In Federal Custody

Use the table below to determine jurisdiction for an unaccompanied alien child (UAC) who is NOT in federal custody (that is, for a child who has crossed the border undetected).

When determining the primary residence for an undetected UAC, the intake specialist considers how long the child will be in Texas and the child’s future residency plans. There is no specific amount of time that a child must reside in Texas in order to call Texas his or her primary residence. The intake specialist uses professional judgment and considers the child’s safety when determining primary residence.

The intake specialist uses the Disaster Relief Code “Unaccomp Child Xing Border” (see 4621 Tracking Reports Involving Unaccompanied Alien Children) whether the child is in federal custody or is undetected.

See 4620 Unaccompanied Alien Child (UAC) in Federal Custody.

CPS Out-of-State Table

Child’s Primary Residence

Child’s Current Location

AP’s Residence

Incident Occurred

SWI Action

Rationale

In Texas

In Texas

Out of state

In Texas or out of state

Intake

to county where child lives if Texas resident; otherwise, Intake to county where child is located.

Child’s primary residence is located in Texas.

In Texas

Out of state

In Texas

In Texas or out of state

Intake

to county where child lives if Texas resident; otherwise, Intake to county where child is located.

Although child may be safe now, risk may remain to child upon return to Texas AP.

In Texas

Out of state

Out of state

In Texas or out of state

Intake

to county where child lives if Texas resident; otherwise, Intake to county where child is located.

Child’s primary residence is located in Texas.

Out of state

In Texas

In Texas

In Texas or out of state

Intake

to county where child lives if Texas resident; otherwise, Intake to county where child is located.

AP lives in Texas and child is currently located in Texas

Out of state

In Texas

Out of state

In Texas

Intake

to county where child lives if Texas resident; otherwise, Intake to county where child is located.

Incident occurred in Texas and the child is currently located in Texas.

Out of state

Out of state

In Texas

In Texas

Intake

to county where AP lives.

Incident occurred in Texas and the AP lives in Texas.

Out of state

In Texas

Out of state

Out of state

I&R

“Protective Matter

Ref’d On”

See 4610 Procedures for Out of State Situations.

Incident occurred out of state and the child who is a resident of the other state currently is safe. No Texas CPS action unless requested by other state’s CPS.

Out of state

Out of state

In Texas

Out of state

I&R

“Protective Matter

Ref’d On”

See 4610 Procedures for Out of State Situations.

Incident occurred out of state and the child who is a resident of the other state currently is safe. No Texas CPS action unless requested by other state’s CPS.

Out of state

Out of state

Out of state

Out of state

I&R

“Protective Matter

Ref’d On”

See 4610 Procedures for Out of State Situations.

AP and child both live out of state and child is not currently in Texas. No Texas CPS action unless requested by other state’s CPS.

Out of state

Out of state

Out of state

In Texas

I&R

“Protective Matter

Ref’d On”

And

“Non-FPS Criminal Matter Referred to Law”

See 4610 Procedures for Out of State Situations.

AP and child both live out of state and child is not currently in Texas. No Texas CPS action unless requested by other state’s CPS.

4512 Reports Involving Abuse or Neglect That Occurred Both in Texas and Out-of-State

SWI Policy and Procedures May 2015

If incidents of abuse or neglect occurred to the same child in both Texas and another state, the intake specialist uses the table in 4511 CPS Out-of-State to assess whether a Texas CPS intake is warranted.

If so, the intake specialist completes an intake for Texas CPS and documents the Texas law enforcement jurisdiction. The intake specialist does not complete an I&R to send to the other state unless there are other children at risk of or being abused or neglected in the other state. See 4513 Texas CPS Intake and Additional Children at Risk in Another State.

The intake specialist documents the case name as the managing conservator’s name and completes a change of county when necessary for correct case assignment. See:

3910 Change of County for Case Assignment

4910 In Regards To and Case Name

The local CPS office is responsible for contacting another state’s CPS if contact is needed (such as a request for a courtesy interview or referral of the case to the other state’s CPS after preliminary contacts in Texas).

If not, the intake specialist completes an I&R to send to the other state as well as an I&R for Texas law enforcement.

For assessment, see:

2200 Determining the Type of Report: Intake, Special Request, or Information and Referral

4000 Child Protective Services (CPS)

For processing, see:

3000 Processing Reports

4900 IMPACT Procedures Specific to CPS

4513 Texas CPS Intake and Additional Children at Risk in Another State

SWI Policy and Procedures March 2018

When safety threats are present for children in another state, the intake specialist refers the reporter to the appropriate out-of-state agency. If the reporter agrees to contact the other state’s CPS, the intake specialist does not complete an I&R Protective Matter Ref’d On for the other state. The intake specialist documents in the CPS intake narrative that the reporter agreed to call the other state’s CPS about the children living in that state and follows standard CPS intake processing procedures.

See:

2700 Reports of Abuse, Neglect, or Exploitation for Another State’s Protective Services Agency

4940 CPS Assignment and Call Out

If the reporter is unwilling or unable to contact the other state’s CPS or the report is received via fax, mail, or internet, the intake specialist completes an I&R Protective Matter Ref’d On for the other state as well as a CPS intake for Texas and follows standard processing procedures for sending an I&R to another state.

See:

4612 Generating an I&R to Another State’s CPS

2700 Reports of Abuse, Neglect, or Exploitation for Another State’s Protective Services Agency

3900 Assigning, Submitting, or Closing Reports

4520 Determining County of Jurisdiction in Texas

SWI Policy and Procedures May 2015

Once a determination has been made regarding whether a CPS intake should be generated, the intake specialist determines to which county in Texas the report is to be sent. Since there is not a CPS office in every county, one office may be responsible for several counties. For the purposes of the following sections, “the CPS office responsible for the county” refers to the CPS office that is responsible for conducting investigations in that county.

4521 Child Lives With Managing Conservator (Custodial Parent)

SWI Policy and Procedures May 2015

When the child is living with the managing conservator (MC), the CPS office responsible for the county where the MC resides has jurisdiction. The case name is in the name of the MC.

Child and MC Are Away From County of Residence

If the child is with the MC in a county other than the county of residence, and:

  •  an immediate response is required and the county of residence is not within a reasonable distance (within 50 miles) from the child’s location, then the CPS office responsible for the county where the child is located begins the investigation.

  •  an immediate response is not required or the county of residence is within a reasonable distance (in an adjoining county or within 50 miles) from the child’s location, then the CPS office responsible for the county where the MC resides has jurisdiction. The case name is the name of the MC. 

In IMPACT, in the Address List Detail field:

  •  the current location is listed as the primary address; and

  •  the actual residence is entered as the secondary address.

4522 Child Is Visiting Possessory Conservator (Non-Custodial Parent)

SWI Policy and Procedures May 2015

When the child is visiting with a possessory conservator, the CPS office responsible for the county where the MC resides has jurisdiction. The case name is the name of the MC.

See 4524 Child Is Located in Different County than Managing Conservator

4523 Parents Separated; Conservatorship Not Established

SWI Policy and Procedures May 2015

The residence of the parent who has actual care, custody, and possession of the child determines the child’s residence:

  •  when the parents do not reside in the same county; and

  •  when conservatorship has not been established.

The CPS office responsible for the county of the child’s residency has jurisdiction.

The case name is the name of the parent who has actual care, custody, and possession

4524 Child Is Located in Different County than Managing Conservator

SWI Policy and Procedures May 2015

When the child is located in one county and the managing conservator (MC) resides in another county, and:

  •  an immediate response is required and the county of residence is not within a reasonable distance (50 miles or more) from the child’s location, the CPS office responsible for the county where the child is located begins the investigation.

  •  an immediate response is not required or the county of residence is within a reasonable distance (in an adjoining county or within 50 miles) from the child’s location, the CPS office responsible for the county where the MC resides has jurisdiction.

The case name is the name of the MC.

Managing Conservator’s County of Residence Not Known

When the residence and locating information of the MC are not known, the CPS office responsible for the county where the child is located has jurisdiction to begin the investigation.

The case name is the name of the MC.

4525 Child Living With Relatives

SWI Policy and Procedures May 2015

Child Is Returning to Managing Conservator

The CPS office responsible for the county where the MC resides has jurisdiction:

  •  when a child is living with a relative and there are plans for the child to return to the managing conservator (MC); or

  •  when the relative is no longer willing to care for the child.

The case name is the name of the MC.

Child Is Not Returning to Managing Conservator

The CPS office responsible for the county where the child is living has jurisdiction:

  •  when the child is living with a relative; and

  •  when there are no apparent plans to return the child to the managing conservator.

The case name is the name of the MC.

4526 Child Living With Non-Related Caretaker

SWI Policy and Procedures May 2015

When a child is staying with a non-related caretaker, the CPS office responsible for the county where the MC resides has jurisdiction, whether or not:

  •  there are plans for the child to return to the managing conservator (MC); or

  •  the non-related caretaker is no longer willing to care for the child.

The case name is the name of the MC.

If immediate response is necessary and the county of residence is not within a reasonable distance (50 miles or more) from the child’s current location, the intake specialist sends the intake to the DFPS office responsible for the county where the child is currently located.

Unlicensed Placements

When an unlicensed placement may have been made, the intake specialist completes the companion Possible Standards Violation I&R to Residential Child Care Licensing. See:

2222 Information and Referrals (I&Rs)

5230 CCL Possible Standards Violations: Incidents Not Involving Abuse, Neglect, or Exploitation

4527 Child Born to Mother in a Corrections Facility, Mental Health Hospital, or Drug Treatment Facility

SWI Policy and Procedures May 2015

If a mother is unable to make appropriate arrangements for a child born to her during her confinement, an intake:

  •  is initiated because of the lack of placement resources; and

  •  is sent to the CPS office responsible for the county of the mother’s last official residence before incarceration or treatment.

The case name is the name of the mother.

4528 Indian Reservation and Military Base

SWI Policy and Procedures May 2015

When there is abuse or neglect alleged of a child who lives on an Indian reservation or a military base and the alleged perpetrator falls within CPS guidelines, the intake specialist completes a CPS intake. The intake is marked for special handling. See 2211 Special Handling Reports.

When the family is military, the intake specialist obtains additional information about the military personnel, such as unit name and address and the person’s rank. The intake specialist also explores whether the person has recently been deployed or will be deployed in the near future.

In the Child Protective Services Handbook, see 2350 Investigating Reports of Abuse or Neglect on Military Bases.

4530 Determining CPS or RCCL Jurisdiction for a Child in Relative or Fictive Kin Placement

SWI Policy and Procedures March 2018

A child in DFPS conservatorship may be placed with a relative or fictive kin (such as a former stepparent, a parent’s paramour, or a godparent).

If allegations of abuse or neglect are made against the relative, fictive kin, or someone in the home, the allegations may be investigated by either CPS or RCCL, depending on whether the home is licensed or verified.

If the Placement is a Licensed or Verified Foster Home

If the relative or fictive kin placement is a licensed or verified foster home according to IMPACT Resources, the intake specialist generates an intake to RCCL.

The case name is the name of the child placing agency that verified the home, and the case is processed like a normal RCCL intake.

If the Placement is NOT a Licensed or Verified Foster Home

If the relative or fictive kin placement is not licensed or verified, the intake specialist generates an intake to CPS.

If allegations are against the relative, fictive kin, or someone in the home, the relative or fictive kin is the case name.

4600 Incidents, Victims, or Perpetrators Outside Texas

SWI Policy and Procedures May 2015

See the guidelines in 4511 CPS Out-of-State for explanations of CPS issues when the incidents, victims, or perpetrators are outside Texas. See 4500 CPS Investigational Jurisdiction.

4610 Procedures for Out-of-State Situations

4611 Referring a Reporter to Another State’s CPS

SWI Policy and Procedures March 2018

Based on the guidelines in 4511 CPS Out-of-State , the intake specialist may assess that the situation needs to be reported to another state’s CPS. If so, the intake specialist asks the reporter to contact the other state’s CPS. If the reporter agrees the intake specialist provides the reporter with the phone number to that state’s CPS and documents the information as an I&R Protective Matter Ref’d On that is saved and closed.

It is not necessary for the intake specialist to continue to gather information for a report, nor is it necessary for the SWI specialist to fax any information to the other state’s CPS. However, if the intake specialist has already gathered details of the incident and it occurred in Texas, the intake specialist documents an I&R Non-FPS Criminal Matter Ref’d to Law and closes the I&R.

If the reporter is unwilling or unable to contact the other state’s CPS or the report is received via fax, mail, or internet, the intake specialist completes an I&R Protective Matter Ref’d On for the other state and follows standard processing procedures for sending an I&R to another state.

2220 Special Requests and Information & Referrals (I&Rs)

2661 Reports of Abuse, Neglect, Exploitation, or Death Investigated by Law Enforcement

3600 Processing an Information and Referral (I&R)

2700 Reports of Abuse, Neglect, or Exploitation for Another State’s Protective Services Agency

3631 I&Rs For Another Texas State Agency

3900 Assigning, Submitting, or Closing Reports

4612 Generating an I&R to Another State’s CPS

4612 Generating an I&R to Another State’s CPS

SWI Policy and Procedures March 2018

There are three specific situations in which the intake specialist assesses an I&R Protective Matter Ref’d On and the report is either auto-assigned or manually assigned to for the Faxing workload. Support staff facilitate faxing the report to another state’s CPS. In these situations, the I&R is sent to another state’s CPS, regardless of whether the information meets Texas’ legal guidelines for a CPS investigation. These situations are:

  •  the information is received at SWI via fax, mail, or internet;

  •  the reporter is unwilling or unable to make a call to the other state for any reason; or

  •  the intake specialist determines that it is a matter for another state’s CPS after the call is disconnected.

See:

2220 Special Requests and Information & Referrals (I&Rs)

2700 Reports of Abuse, Neglect, or Exploitation for Another State’s Protective Services Agency

3600 Processing an Information and Referral (I&R)

4613 When Another Country Has Authority to Investigate

SWI Policy and Procedures May 2015

SWI does not have the ability to fax information about the abuse or neglect of a child to any country other than Mexico. In these situations the intake specialist completes an I&R Clearly Not Reportable, re: children.

To contact a child protection agency in Mexico, the intake specialist refers the information to the appropriate Desarrollo Integral de la Familia (DIF) border contact. See 4630 Child Resides in Mexico and 4640 Desarrollo Integral de la Familia (DIF) Border Contacts.

4620 Unaccompanied Alien Child (UAC) in Federal Custody

SWI Policy and Procedures May 2015

An illegal immigrant child who is not accompanied by a parent or caregiver is referred to as unaccompanied alien child (UAC). UACs are usually picked up by border patrol and turned over to federal custody.

UACs are generally housed in federal shelters, although some facilities and foster homes licensed by Residential Child Care Licensing (RCCL) also accept UACs as placements under contracts with the federal government. UACs are housed in federal shelters or RCCL facilities until they can be placed with a sponsor.

A sponsor can be related or unrelated to the child. Sponsors are not licensed foster parents and may or may not be authorized to consent to medical treatment or take similar actions for the child. UACs live with their sponsors and are expected to appear at court hearings, set at a later date, for deportation proceedings. Abuse or neglect of the UAC by a sponsor or member of that household is investigated by CPS.

4621 Tracking Reports Involving Unaccompanied Alien Children

SWI Policy and Procedures May 2015

In order to track the number of reports (intake, I&R, or CRSR) regarding UACs, the Disaster Relief Code “Unaccomp Child Xing Border” was created for any report in which a UAC is mentioned. The Disaster Relief drop-down list is located on the Call Information page under the reporter’s Person Notes. From the drop-down list, the intake specialist selects “Unaccomp Child Xing Border.” Although there is a Disaster Relief drop-down list on every person page, it is not necessary to make the designation on every person page.

A reporter may not have or may not offer information regarding a child’s status as a UAC. If the information reported indicates that a child is undocumented and is not accompanied by a parent or caregiver, the intake specialist follows the directions regarding the Disaster Relief Code above.

In most instances it is not appropriate to ask the reporter about the child’s citizenship or immigration status. An alternate way of determining whether or not the child is a UAC is for the intake specialist to ask how the child came to be in the care of the person who currently has physical custody. A child who is currently in or originated from a federal shelter would most likely be a UAC.

The Disaster Relief Code “Unaccomp Child Xing Border” is used whether the child is in federal custody or is undetected.

4622 Investigational Jurisdiction of Unaccompanied Alien Children

SWI Policy and Procedures March 2018

Undetected Unaccompanied Alien Children

If a UAC has not been apprehended, held at a federal or RCCL facility, or released to a sponsor, the UAC is most likely not in federal custody; that is, the child crossed the border undetected. For undetected UAC, see 4511 CPS Out-of-State .

Unaccompanied Alien Child In Federal Custody

Generally, the agency with jurisdiction depends on where the child is currently placed. The guidelines in 4511 CPS Out-of-State do not apply in UAC situations because the child’s primary residence has not been established. Below is a that helps intake specialists with assessments in these situations. As with all other reports to SWI, when reports regarding UAC are received it is necessary for the intake specialist to complete a thorough interview to determine if abuse or neglect of the child may be of concern.

Tracking Unaccompanied Alien Children

All UAC reports must contain the Disaster Relief Code “Unaccomp Child Xing Border.” See 4621 Tracking Reports Involving Unaccompanied Alien Children.

UAC Location

Scenario

Assessment

Federal Border Patrol

Current abuse, neglect, or exploitation (a/n/e) by a federal border patrol agent

Refer the reporter to the Department of Homeland Security’s Office of the Inspector General (Department of Homeland Security OIG) at (800) 323-8603.

If the reporter refuses to report the situation to the Department of Homeland Security OIG hotline, assess an I&R Protective Matter Referred On. At the top of the narrative, state: “Please fax to Department of Homeland Security OIG.”

Federal Border Patrol

Past a/n/e in the child’s home country or in transit to the U.S. when the AP does not currently have access

CPS PN (Past A/N)

Federal Border Patrol

Current a/n/e by a federal border patrol agent and past abuse that happened in the child’s home country or in transit to the U.S. when the AP does not currently have access

Refer the reporter to the Department of Homeland Security’s Office of the Inspector General (Department of Homeland Security OIG) at (800) 323-8603.

If the reporter refuses to report the situation to the Department of Homeland Security OIG hotline, assess an I&R Protective Matter Referred On. At the top of the narrative, state: “Please fax to Department of Homeland Security OIG.”

and

CPS PN (Past A/N)

Federal Shelter (such as Lackland Air Force Base)

Current a/n/e in a federal shelter by shelter staff or by family members (sometimes families are housed together)

Refer the reporter to the Office of Refugee Resettlement (ORR) hotline at (202) 401-5709.

If the reporter refuses to report the situation to the ORR hotline, assess an I&R Protective Matter Referred On. At the top of the narrative, state: “Please fax to ORR.”

Federal Shelter (such as Lackland Air Force Base)

Past a/n/e in the child’s home country or in transit to the U.S. when the AP does not currently have access

CPS PN (Past A/N)

Federal Shelter (ex: Lackland Air Force Base)

Current a/n/e in a federal shelter by shelter staff or by family members and past abuse that happened in the child’s home country or in transit to the U.S. when the AP does not currently have access

Refer the reporter to the Office of Refugee Resettlement (ORR) hotline at (202) 401-5709.

If the reporter refuses to report the situation to the ORR hotline, assess an I&R Protective Matter Referred On. At the top of the narrative, state: “Please fax to ORR.”

and

CPS PN (Past A/N)

RCCL Facility (such as International Education Services, the Southwest Key Program)

Current a/n/e in the RCCL facility by employees or caregivers of the licensed operation or standards concerns

RCCL intake or I&R RCL Standards Compliance

RCCL Facility (such as International Education Services, the Southwest Key Program)

Past a/n/e in the child’s home country or in transit to the U.S. when the AP does not currently have access

CPS PN (Past A/N); and an I&R RCL Standards Compliance

RCCL Facility (such as International Education Services, the Southwest Key Program)

Current a/n/e by employees or caregivers of the licensed operation or standards concerns in the RCCL facility and past abuse in the child’s home country or in transit to the U.S. when the AP does not currently have access

RCCL intake or I&R RCL Standards Compliance; and CPS PN (Past A/N)

With Sponsor in Texas

Current a/n by the sponsor

CPS P1 or P2

With Sponsor in Texas

Past a/n in the child’s home country or in transit to the U.S. when the AP does not currently have access

CPS PN (Past A/N)

With Sponsor in Texas

Current a/n by the sponsor and past abuse in the child’s home country or in transit to the U.S. when the AP does not currently have access

CPS P1 or P2 (this intake will include allegations of current and past a/n)

With Sponsor in Texas

Child ran away; no a/n

I&R Referred to Law Enforcement where the child resides with the sponsor

When law enforcement of any kind requests CPS assistance with a UAC and there are no allegations of abuse, neglect, or exploitation, the intake specialist always assesses a CRSR (Request for Local Public Service), unless a CPS intake has already been assessed. These situations will require a call-out to CPS most of the time.

4630 Child Resides in Mexico

SWI Policy and Procedures May 2015

The intake specialist takes the following steps when a report of abuse or neglect is received regarding children who are residents of Mexico:

  •  If the child does not reside in Texas the intake specialist documents the information as an Information and Referral (I&R) type Protective Matter – Referred On and follows standard processing procedures.

  •  If an intake specialist receives a request for CPS assistance that does not meet the definitions of abuse or neglect, the intake specialist:

  •  documents the request as a CRSR – Request for Local Public Service; and

  •  saves and assigns the request to the CPS DIF border contact.

See:

4640 Desarrollo Integral de la Familia (DIF) Border Contacts

Manual Assignment Charts.

4640 Desarrollo Integral de la Familia (DIF) Border Contacts

SWI Policy and Procedures May 2015

Regions 8, 10, and 11 have CPS staff who facilitate communication between CPS and the Mexican child protective services authorities, or DIF (Desarrollo Integral de la Familia).

When an intake specialist receives a report of abuse or neglect that needs to be sent to DIF in Mexico, the intake specialist:

  •  notifies the DIF border contact (it is acceptable to leave a voice message);

  •  completes an Information and Referral (I&R) type Protective Matter – Referred On; and

  •  assigns the I&R it to the appropriate DIF border contact.

See the Manual Assignment Charts.

4700 Release of Confidential Information

4710 Texas Department of Public Safety (DPS) Criminal History Checks

SWI Policy and Procedures January 2015

CPS staff use DPS criminal history checks when determining the appropriateness and safety of voluntary placements for children. Intake staff assigned to the E-Unit may be asked to complete DPS criminal history checks and DFPS history searches for CPS staff when the requestor cannot access IMPACT and no other CPS staff are available.

4800 Case-Related Special Requests

4810 Types of Case-Related Special Requests (CRSRs) Entered by SWI

SWI Policy and Procedures November 2015

Case-Related Special Requests are used when there are no allegations of abuse or neglect but CPS assistance is still needed. The dropdown menu for the Special Rqst Type lists various CRSR types; however, only a select few are used by SWI. The specific types used by SWI are described below.

Request for Local Public Service (shows in IMPACT as C-PB)

A PBS is a request from a professional for CPS assistance that does not involve allegations of abuse, neglect, or exploitation. Most CRSRs taken by SWI are PBS requests.

See:

2172.4 Requests From Law Enforcement to Speak to Field Staff

2221.1 Generating a CRSR When There is Not Enough Locating Information for a CPS Intake

2224 Requests by DFPS Field Staff for other DFPS Field Staff to Conduct Courtesy Interviews or Case Assistance

3711 Processing a CRSR that is Generated Due to a Lack of Locating Information

4281 Youth in the Custody of the Texas Juvenile Justice Department (TJJD)

4431.1 Drug or Alcohol Use During Pregnancy (Unborn Child)

4436 Protective Service Alerts (PSA)

4442 Children Placed in a Shelter by Law Enforcement

4482 Youth in DFPS Conservatorship Has a Baby

4483 Young Adults Who Return to Care

4630 Child Resides in Mexico

Out of State (shows in IMPACT as C-OS)

A Request – Out of State usually involves a request from another state’s CPS office for a courtesy interview with a person in Texas.

Court-Ordered Request (shows in IMPACT as C-CO)

Court-Ordered Requests are used for anything ordered by a court that does not meet guidelines for an intake.

CRSR – Protective Service Alert (shows in IMPACT as C-SA)

Protective Service Alerts (PSAs) are notifications from child protective agencies outside the State of Texas. The families referenced in the notifications are under investigation but currently have no known address. IMPACT allows the identifying information of these families to be added to the IMPACT database

See 4436 Protective Service Alerts (PSA).

Return to Care (shows in IMPACT as C-RC)

This is a CPS program titled Return to Care for youth who:

  •  have aged out of the CPS foster care system;

  •  are 18 to 21 years old; and

  •  desire to return to CPS paid care to attend high school or a GED course; attend a vocational or technical program; or return on a break from college or a technical or vocational program for at least one month, but no more than four months.

See 4483 Young Adults Who Return to Care.

CRSR – Expedited Background Check (shows in IMPACT as C-EBC)

These are IMPACT searches and criminal background checks completed using the Texas Department of Public Safety (DPS) secure website to assist CPS staff in determining the appropriateness and safety of voluntary placements. This CRSR type is used only by the specialists in the E-Unit who are assigned to perform these background checks. Once completed, the CRSR is assigned to the DFPS staff who requested the check.

4820 Changing a Case-Related Special Request (CRSR) or Information and Referral (I&R) to an Intake

SWI Policy and Procedures April 2008

When a field staff person requests that a CRSR or I&R be changed to an intake, there must be an allegation of abuse or neglect, not just a placement issue. The intake specialist must consult with a supervisor to determine if an intake is generated. If a reentry is necessary, the intake specialist notifies the field staff person to close the CRSR using the closure code Close and Reclassify and obtains the original Call ID. The intake specialist then completes the intake with the New Using function on the original CRSR.

The intake specialist includes in the narrative the name and title of the field person who made the request.

4900 IMPACT Procedures Specific to CPS

SWI Policy and Procedures April 2008

Section 4900 contains only documentation details unique to CPS. For a more complete reference, see 3000 Processing Reports.

4910 In Regards To and Case Name

SWI Policy and Procedures March 2018

The In Regards To and Case Name fields for CPS intakes are usually completed with the name of the managing conservator. If the parents are married, the In Regards To and Case Name are the name of the mother.

For exceptions, see:

4452 Day Care Provided in the Child's Home

4490 Reports of Abuse or Neglect that Involve School Personnel

4522 Child is Visiting Possessory Conservator (Non-Custodial Parent)

4523 Parents Separated; Conservatorship Not Established

4524 Child Is Located in Different County Than Managing Conservator

4525 Child Living With Relatives

4526 Child Living With Non-Related Caretaker

4527 Child Born to Mother in a Corrections Facility, Mental Health Hospital, or Drug Treatment Facility

4528 Indian Reservation and Military Base

4920 CPS Person List

SWI Policy and Procedures March 2018

The intake specialist designates each person placed on the Person List as either a principal (PRN) or a collateral (COL).

Principal

CPS defines a principal as and of the following:

  •  A child or children alleged to be in need of protection.

  •  All siblings in the household.

  •  All parents of the children, either in or out of the household.

  •  Any parent substitutes, caregivers, or other adults who are part of the household.

  •  Anyone responsible for the care, custody, or welfare of the children in the family or household, even if not a parent or parent substitute.

  •  Those who are appointed by the court as sole or joint managing conservators.

  •  Others appointed by the court as managing or possessory conservators.

  •  Each alleged perpetrator (AP), or victim/perpetrator (VP) of child abuse or neglect.

  •  Any child who had been placed in the home as a result of a Parental Child Safety Placement (PCSP).

Regarding Multi-Family Households

In multi-family households, children are identified as principals only in the intake for their own nuclear family; children of the other family or families in the household are identified as collaterals.

Collateral

The intake specialist designates all other persons on the Person List as collaterals.

See 3125.3 Entering Demographics.

For the exception, see 4490 Reports of Abuse or Neglect that Involve School Personnel.

School Reports

In reports that involve school personnel as alleged perpetrators, only the victim and alleged perpetrator are identified as principals on the person list. A parent is never identified as an alleged perpetrator in a CPS school report, only as a collateral.

See 4493.22 Parents as Alleged Perpetrators (APs).

4921 Role of Victim/Perpetrator

SWI Policy and Procedures June 2015

The victim/perpetrator (VP) designation is used to indicate children age 10 years old and older who are alleged to be victims of abuse or neglect as well as perpetrators of abuse or neglect on other siblings or relatives. A child who is 9 years old or younger cannot be listed as an alleged perpetrator or victim/perpetrator in a CPS report.

In the Child Protective Services Handbook, see Appendix 2472.1-B: Definitions of Roles.

APS In-Home uses the victim/perpetrator (VP) designation to indicate an APS client who is alleged to be a victim of abuse or neglect as well as the perpetrator of abuse or neglect on him- or herself.

See 6200 APS In-Home Perpetrators.

4922 Person Relationship/Interest (Rel/Int)

SWI Policy and Procedures June 2015

The intake specialist identifies a person’s relationship or interest on the Person List, as it pertains to the oldest victim. A parent who does not reside in the household is considered to be an “absent parent” (AB) by CPS. This does not mean that the parent is uninvolved in the child’s life, but simply that the parent is absent from the primary household.

In the CPS Handbook, see 2115 Terms Used in Primary Statutory Definitions.

4930 Open Service Delivery Stages

SWI Policy and Procedures May 2015

When performing a history search, the intake specialist may find a case in open (OPN) status. This means that there is at least one stage of the CPS case that is open. There are many different stages of CPS cases and multiple stages can be open at one time. However, an intake specialist only pastes an open CPS case at the top of the narrative or sends an I&R to an open CPS case when at least one of the following stages is open:

  •  INT (intake)

  •  INV (investigation)

  •  A-R (Alternative Response)

  •  CRSR (case-related special requests)

  •  FPR (family preservation)

  •  FBSS (family-based safety services; also documented as FPR or CPS Family Preservation in IMPACT)

  •  FSU (family substitute care)

  •  FRE (family reunification)

  •  SUB (substitute care); when the SUB stage is opened from a CRSR and the special request type “ICPC,” an I&R cannot be sent to this open case.

If one of the following stages is the only open stage of a CPS investigation, the intake specialist does not paste the case into the top of the narrative, and does not process an information and referral (I&R) Call Regarding Existing CPS Case.

  •  PAL (preparation for adult living)

  •  ADO (adoption); an intake specialist can send an I&R to the open ADO case when ADO is the only open stage, only if the adoption is not consummated and the adoptive parents will no longer keep the child (adoption disruption)

  •  FAD (foster adopt)

  •  PAD (post adoption)

  •  KIN (kinship)

  •  PCA (permanency care assistance)

  •  C-JPC (juvenile probation)

  •  ARI (administrative review)

See 1123 Stages of Service in the Child Protective Services Handbook.

4931 CPS Screener Eligibility Question

SWI Policy and Procedures June 2017

The intake specialist must answer a screener eligibility question for CPS intakes when:

  •  the intake is a priority 2; and

  •  all victims are children age 6 or older.

The question appears at the bottom of the Priority section on the Intake Actions page in IMPACT. The question reads:

Is there an open case on the family in at least one of the following stages:

INV – Investigation; A-R – Alternative Response; FPR – CPS Fam Preservation; FSU – Family Subcare; or FRE – CPS Fam Reunification?

The accompanying radio buttons enable a Yes or No response to the question.

The intake specialist selects Yes if any of the principals in the intake are involved in an open CPS case in any of the following stages:

  •  INV (investigation)

  •  A-R (alternative response)

  •  FPR (family preservation) — also documented as FBSS (family-based safety services) or CPS Family Preservation in IMPACT

  •  FSU (family substitute care)

  •  FRE (family reunification)

Otherwise, the intake specialist selects No.

4940 CPS Assignment and Call-Out

SWI Policy and Procedures March 2018

Priority 1 (P1), Priority 2 (P2), and PN Intakes

Reports are auto-assigned, or if the Auto Assign checkbox is greyed out, or not appropriate, manually assigned according to the Manual Assignment Charts.

PN intake are reviewed by a CPS screener at the local office.

See Manual Assignment Charts.

Information and Referral (I&Rs)

Intake specialists route I&Rs that pertain to open CPS cases to the routing coordinator in the county with jurisdiction for the open case.

4941 CPS Change of County for Case Assignment

SWI Policy and Procedures March 2018

If a CPS intake or CRSR needs to be assigned to a county other than the address of the case name, the intake specialist completes a change of county before assigning the report.

If a victim is located in a different county than his place of residence, and immediate CPS contact is necessary, the intake specialist completes a change of county prior to assignment.

See:

3910 Change of County for Case Assignment

4521 Child Lives With Managing Conservator (Custodial Parent)

4942 CPS Call-Out Procedures, Assignment Charts, and Offices Open After Regular Business Hours

SWI Policy and Procedures August 2015

Call-out and assignment procedures for reports being sent to the CPS program are found in the Manual Assignment Charts. Some CPS offices have extended business hours which are noted on the charts.

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