Handbook Revision, September 15, 2021
These revisions of the Child Protective Services Handbook were published on September 15, 2021.
On September 1, 2017, the investigations branch of CPS became a separate division named Child Protective Investigations (CPI). Until CPI develops its own policy handbook, investigation policies and procedures will remain in the CPS handbook.
Removal of a Child (PATS 13260)
Section 3220 has been updated to include reference to nonemergency policy and to the Indian Child Welfare Act in the case of a lawsuit.
The removal sections in 5400 have been updated with a reference to the Indian Child Welfare Act, adding information about the following:
- Obtaining information to complete the placement authorization.
- Forms to designate a medical consenter and education decision-maker.
This revision also deletes the nonemergency removal sections of policy and makes other updates.
3220 Taking Legal Custody of a Child
3221 Notification and Conservatorship Assignment of Conservatorship Caseworker
3222 Diligent Search for Possible Relative or Fictive Kin Placement
5411 Obtaining a Court Order before Conducting an Emergency Removal
5411.1 Determining Whether to Conduct an Emergency Removal with a Court Order
5411.2 5411.1 Standard for Obtaining a Court Order before Conducting an Emergency Removal
5411.3 5411.2 Basic Process for Obtaining a Court Order before Conducting an Emergency Removal
5411.3 Standards for the Court’s Decision for Granting an Order to Remove the Child in an Emergency
5412 Conducting an Emergency Removal before Obtaining a Court Order
5412.1 Standard for Conducting an Emergency Removal before Obtaining a Court Order
5412.11 Exigent Circumstances and Imminent Danger
5412.2 Basic Process for Conducting an Emergency Removal before Obtaining a Court Order
5412.3 Standards for the Court’s Decision at the Emergency Hearing After Removal
5412.3 5412.4 Process When an Emergency Hearing Required Time Frame for Ex Parte Emergency Hearing and Steps to Take If Hearing Is Not Held wWithin the Required Time Frame
5413 Conducting a Nonemergency Removal
5413.1 Standard When Conducting a Nonemergency Removal
5413.2 Basic Process When Conducting a Nonemergency Removal
5413 5414 Obtaining a Waiver of the Requirement to Provide Notice of Removal
5414 5415 Rescinding the Decision for Emergency or Nonemergency Removal
Recording Interviews (PATS 13573)
This handbook revision addresses requirements in House Bill 135 from the 87th Texas Legislature. Before the interview of the alleged perpetrator, DFPS (CPI and CCI) must inform the alleged perpetrator verbally and in writing that he or she has the right to create an audio or video recording of the interview, but it would be subject to subpoena.
2248 Interviews and Contact with Parents, Alleged Perpetrators, Other Adults, and Principals
2248.1 Interviewing Parents and Alleged Perpetrators
2248.11 Assessing Communication Needs when Interviewing an Adult
2248.2 Notice of Right to Record an Alleged Perpetrator’s Interview
2248.3 2248.2 Recording Interviews of an Adult
2248.4 2248.3 Obtaining Demographic Information from Principals
2248.5 2248.4 Required Documents to Provide to Parents
2248.6 2248.5 Complaints or Requests for Clarification from Alleged Perpetrators or Principal Adults
2248.7 2248.6 Determining Alleged Perpetrator’s Military Status
2320 School Investigations
2321 Criteria for a School Investigation
2322 Actions Required before Starting a School Investigation
2323 Required Actions in School Investigations
2324 Schools Not Under the Jurisdiction of the Texas Education Agency (TEA)
2325 Danger to a Child during a School Investigation
2326 Completion and Closure of a School Investigation
2327 Release of the School Investigation Report