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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 Chart below for guidelines on whether SWI refers a report to CPS in Texas or CPS in another state.

4511 CPS Out-of-State Chart

SWI Policy and Procedures July 2017

The table below charts 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 chart 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 chart 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 chart 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 Chart

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”

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 chart in 4511 CPS Out-of-State Chart 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 Re 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:

2300 Determining Whether Information Is an 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 May 2015

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:

2800 Reports of Abuse, Neglect, or Exploitation for Another State’s Protective Services Agency

4940 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 Assessing an I&R to Another State’s CPS

2800 Reports of Abuse, Neglect, or Exploitation for Another State’s Protective Services Agency

3930 Call-Out and Assignment Charts

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.

See 3923 Call-Outs in Emergency Situations.

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:

2323 Information & Referral Types

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 2311 Special Handling Intakes.

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 September 2015

A child in CPS 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.

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