Previous Page Next Page

4000 Child Protective Investigations and Services (CPI and CPS)

SWI Policy and Procedures December 2020

The Texas Family Code §261.301 authorizes the Department of Family and Protective Services (DFPS) to investigate the abuse and neglect of children and to provide protective services to those people. The process is as follows:

  • Statewide Intake (SWI) receives information alleging abuse and neglect
  • SWI determines whether CPI guidelines for investigation have been met.
  • If guidelines are met, SWI completes an intake:
  • SWI sends it to the appropriate CPI office for investigation.

After an investigation, Child Protective Services (CPS) may provide interventions to the families through various stages of service.

SWI receives information about families receiving these services and forwards it to CPS in the form of an Information & Referral (I&R).

CPI and CPS Statutory Definitions

In the Child Protective Services Handbook, see:

2112 Primary Statutory Definitions

2113 Statutory Definitions of Child Abuse and Neglect

2115 Terms Used in Primary Statutory Definitions

2116 Other Definitions

4100 CPI and CPS Person List

SWI Policy and Procedures December 2020

The person list of an intake for CPI should include the victim(s), the alleged perpetrators, and others who might have additional information.

4110 Type

SWI Policy and Procedures December 2020

The intake specialist identifies each person on the Person List with an appropriate person type. A person can be a principal (PRN) or collateral (COL). The intake specialist must obtain all principals, as well as at least one relevant collateral

4111 Principal (PRN)

SWI Policy and Procedures December 2020

CPI and CPS define a principal as:

  • A child or children alleged to be in need of protection.
  • Each alleged perpetrator (AP), or victim/perpetrator (VP) of child abuse or neglect.

The following people are also considered principals in CPI intakes:

  • All siblings in the household.
  • All parents of the children, either in or out of the household.
  • Any traditional parent substitutes, caregivers, or other adults who are part of the household.
  • People appointed by the court as sole or joint managing conservators.
  • People appointed by the court as managing or possessory conservators.
  • Any child who had been placed in the home as a result of a Parental Child Safety Placement (PCSP). See CPS Handbook, 3210 Parental Child Safety Placement (PCSP).

4112 Collateral (COL)

SWI Policy and Procedures December 2020

CPI and CPS define a collateral as any of the following:

  • Witnesses.
  • People with additional information about the situation.
  • Children residing in the household who are victims in a companion CPI intake.
  • Family members of the victim child in school reports.

See 2270 Demographics.

For exceptions, see:

4520 School Reports

4590 Multifamily Households

4120 Roles

SWI Policy and Procedures December 2020

CPI uses the following roles:

  • Alleged Victim (VC)
  • Alleged Perpetrator (AP)
  • Victim Perpetrator (VP)
  • Unknown Role (UK)
  • No Role (NO)

4121 Alleged Victim (VC)

SWI Policy and Procedures December 2020

CPI defines an Alleged Victim as a person younger than 18 who is all of the following:

  • Is not or has not been married.
  • Is not a legally emancipated youth.
  • Is alleged to have been abused or neglected.

Child Not Yet Born or Not Born Alive

Reports involving children who have not yet been born or who were not born alive are not within CPI’s investigative authority.

For exception, see 4510 Pregnancy and Newborns.

4122 Alleged Perpetrator (AP)

SWI Policy and Procedures December 2020

CPI and CPS define an alleged perpetrator as a person traditionally responsible for the child’s care, custody, or welfare who is suspected of abusing or neglecting a child, including the following:

  • Child’s parent, guardian, managing or possessory conservator.
  • A person with whom the child’s parent lives.
  • Members of the child’s household, including:
    • People living together in the child’s residence, regardless of whether they are related to each other.
    • A person who previously lived in the household when the abuse or neglect occurred.
  • Members of the child’s family, including the following people, regardless of whether they reside together:
    • People related by blood or marriage.
    • A parent’s former spouse.
    • Adoptive parents.
  • Unrelated person who does not live with the child (or whose place of residence cannot be determined) but has regular and free access to the child’s home, including any of the following:
    • People who provide ongoing care in the child’s residence.
    • Significant others of household members who do not live in the home.
  • 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.

4122.1 Youth’s Partner as an Alleged Perpetrator

SWI Policy and Procedures December 2020

In most cases, a youth’s romantic partner would not be designated an alleged perpetrator against the youth, even if residing in the same household, because this person would not traditionally be responsible for the care, custody, or welfare of the youth. However, a youth’s partner can be an alleged perpetrator to other children in the home.

Example 1: A youth runs away to live with the youth’s boyfriend, who then physically abuses the youth. CPI does not investigate the boyfriend as an alleged perpetrator.

Example 2: A youth’s adult partner lives in the house with the youth and is having a consensual sexual relationship with the youth. The partner is not designated as an alleged perpetrator. Instead, the youth’s parent or caregiver may be assigned the role of alleged perpetrator.

Example 3: A youth’s partner lives in the home with the family. The partner punches the youth’s 3-year-old sibling in the face. The partner would be an alleged perpetrator of PHAB against the young child.

See 4532 Sexually Active Youth.

4122.2 Child as an Alleged Perpetrator

SWI Policy and Procedures December 2020

A child ages 10-17 may be designated an alleged perpetrator in a CPI intake if they meet the criteria listed for adult perpetrators above.

See 4123 Victim Perpetrator (VP).

4122.3 Unknown Alleged Perpetrator

SWI Policy and Procedures December 2020

When there are allegations of abuse or neglect that meet legal definitions but the identity of the alleged perpetrator is unknown, the intake specialist does not add an Unknown person to the person list. Instead, the intake specialist assigns the appropriate allegation for each victim without adding an Alleged Perpetrator.

4122.4 Deceased Alleged Perpetrator

SWI Policy and Procedures December 2020

A deceased person can be designated an alleged perpetrator. The priority of the intake (P1, P2, or PN) is assessed based on these things:

  • When the abuse or neglect occurred.
  • Current safety factors.
  • Case history.

If the AP is deceased, the following steps are taken:

  • A P1 or P2 is assigned when either of the following are true:
    • The abuse or neglect is recent.
    • The abuse or neglect is not recent, but other alleged perpetrators, in addition to the deceased perpetrator, pose an existing threat to the child.
  • A PN is assessed when either of the following are true:
    • The abuse or neglect happened in the past and no current safety factors exist.
    • IMPACT history shows that the abuse or neglect being reported has already been investigated.

In all cases, the intake specialist lists the deceased perpetrator on the Person List.When the date of death is known, the intake specialist enters it on the Person Detail page in the Date of Death field.

See:

DFPS Rules, 40 TAC §707.515, Roles Alleged at Intake

Child Protective Services Handbook, Appendix 2472.1-B: Definitions of Roles

4123 Victim Perpetrator (VP)

SWI Policy and Procedures December 2020

CPI defines a victim perpetrator (VP) as a child for whom all of the following are true:

  • Is age 10 and older.
  • Is alleged to be a victim of abuse or neglect.
  • Is a perpetrator of abuse or neglect with respect to another child within the same intake.

See Child Protective Services Handbook, Appendix 2472.1-B: Definitions of Roles.

4124 Unknown Role (UK)

SWI Policy and Procedures December 2020

When there is not sufficient information to determine whether a principal is an alleged victim or alleged perpetrator, the person is assigned Unknown (UK) role.

4125 No Role (NO)

SWI Policy and Procedures December 2020

 If the person is not involved as an alleged victim or alleged perpetrator, then the person is assigned a role of No Role (NO). See 4130 Relationship/Interest (Rel/Int).

The eldest Alleged Victim (VC) is assigned the Rel/Int of Oldest Victim (OV). All other individuals on the person list are assigned the Rel/Int option that best describes that person’s relationship to the OV.

4130 Relationship/Interest (Rel/Int)

SWI Policy and Procedures December 2020

The eldest Alleged Victim (VC) is assigned the Rel/Int of Oldest Victim (OV). All other individuals on the person list are assigned the Rel/Int option that best describes that person’s relationship to the OV.

4140 Person List Considerations for CPI Intakes

4141 Person List with Limited or Unknown Information on Household Members

SWI Policy and Procedures December 2020

The intake specialist creates an entry on the Person List to represent each household member when information is available to identify the individual or his or her relationship to the oldest victim (OV).

When that information is not available, the intake specialist does the following:

  • Does not add the individual to the Person List.
  • Documents knowledge of the household member in the narrative’s household composition paragraph.
  • Adds statement to clarify that the reporter was unable to provide specific identifying information on these household members.

Example:

Household consists of 8-year-old oldest victim (OV), 6-year-old female sibling (SB), mother (AP), maternal uncle (AU), 2-year-old male, two adult females, and approximately four other children between 5-12 years old. Names, exact ages, and relationships of additional household members are unknown.

In this scenario, the only household members on the person list would be the 8-year-old, 6-year-old, mother, and uncle.

4142 Person List Involving a Child Fatality Report

SWI Policy and Procedures December 2020

For specific instructions in documenting the person list for reports involving a child fatality, see:

4631 Death of a Child Not in DFPS Conservatorship

4632 Death of a Child While in DFPS Conservatorship

4200 CPI and CPS Allegations

SWI Policy and Procedures December 2020

Each report is assessed on a case-by-case basis, using professional judgment. It is essential for the intake specialist to consult the legal definitions and assess situational factors, other policy resources and history.

4210 Abuse Allegations

SWI Policy and Procedures December 2020

CPI investigates abuse allegations of:

  • Emotional abuse
  • Human trafficking
  • Labor trafficking
  • Sex trafficking
  • Physical abuse
  • Sexual abuse

4211 Emotional Abuse

SWI Policy and Procedures December 2020

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)

40 TAC §707.453

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)

4212 Human Trafficking

SWI Policy and Procedures December 2020

CPI reports use two human trafficking allegations: Labor trafficking (LBTR) and sex trafficking (SXTR).

4212.1 Labor Trafficking

SWI Policy and Procedures December 2020

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)

40 TAC §707.459

According to the Penal Code, a person commits an offense if the person knowingly does either of the following:

  • Traffics a child with the intent that the trafficked child engage in forced labor or services (a)(5).
  • 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 (a)(6).

Penal Code §20A.02(a)(5) and (a)(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 CPI with an allegation of labor trafficking when any of the following applies:

  • For labor or services, a parent or other person responsible for a child uses force, fraud, or coercion and any of the following:
    • Knowingly provides the child to others, uses the child him or herself, or allows the child to be trafficked.
    • Controls the child and makes the child believe that the he or she has no other choice but to continue with the labor or services, resulting in a loss of freedom for the child.
    • Receives a monetary or nonmonetary benefit for the child’s labor or services, such as using the services for him or herself.
  • A parent or other person responsible for a child does not make a reasonable effort to prevent a child from being labor trafficked as described above.

If the labor or services constitutes sexual conduct, the abuse instead is considered to be sex trafficking.

See 4212.2 Sex Trafficking.

Work Situations That Do Not Involve Labor Trafficking

Labor trafficking does not include normal contributions to family and community life, including any of the following:

  • Performing chores inside and outside of the home.
  • Requiring a child to work in the family business without pay.
  • Requiring a child to work in agriculture or farming as part of the family’s business or means of earning a living.
  • 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.” CPI 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.

4212.2 Sex Trafficking

SWI Policy and Procedures September 2021

Sex trafficking occurs when a person does any of the following:

  • Compels or encourages a child to engage in sexual conduct as defined by Section 43.01, Penal Code, including conduct that constitutes an offense of trafficking of people under Section 20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under Section 43.02(a)(2), Penal Code, or compelling prostitution under Section 43.05(a)(2), Penal Code.
  • Knowingly causes, permits, encourages, engages in, or allows a child to be trafficked in a manner punishable as an offense under Section 20A.02(a)(7) or (a)(8), Penal Code, or fails to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of these sections.
  • Receives a benefit from participating in a venture that involves an activity described by subdivision (7) or engages in sexual conduct with a child who is being trafficked in the manner described in subdivision (7).

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

40 TAC §707.461

Penal Code §20A.02(a)(7) and (8)

According to the Penal Code, a person commits an offense if he or she knowingly traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by Section 20A.02(a)(7), Penal Code.

See the following sections in the Penal Code:

Section 21.02 Continuous Sexual Abuse of Young Child or Disabled Individual

Section 21.11 Indecency with a Child

Section 22.011 Sexual Assault

Section 22.021 Aggravated Sexual Assault

Section 43.02 Solicitation of 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

Sex trafficking does not require force, fraud, or coercion. It can occur even if the child appears to be in agreement with the conduct or does not consider herself or himself to be a victim.

SWI assesses an intake for CPI with an allegation of sex trafficking when any of the following apply:

  • The actions of a parent or other person responsible for a child meet the core elements of sex trafficking, which means that the person does all of the following:
    • Knowingly provides the child to others, obtains the child for himself or herself, 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 loss of freedom for the child.
    • Receives a monetary or nonmonetary benefit from the child’s participation in any of the offenses listed in Penal Code Subsection 20A.02(a)(7). Benefits include, but are not limited to, sexual services, money, or drugs.
  • A parent or other person responsible for a child fails to make a reasonable effort to prevent a child from being sex trafficked as described above.
4212.3 Labor or Sex Traffickers Not Investigated by CPI

SWI Policy and Procedures December 2020

A person who is not responsible for the child’s care, custody, or welfare, as defined in 4122 Alleged Perpetrator (AP), is not identified as an alleged perpetrator in a CPI intake.

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

  • A child leaves home without the consent of the his or her family and lives with a person who is alleged to be trafficking the child.
  • The alleged perpetrator is neither related to nor legally responsible for the child.
  • The parent or caregiver did not cause, permit, encourage, engage in, or allow trafficking, or fail to make reasonable effort to prevent it.

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

4212.4 Law Enforcement Notification for Trafficking Reports

SWI Policy and Procedures December 2020

See 2670 Law Enforcement Notification.

4213 Physical Abuse

SWI Policy and Procedures December 2020

Physical abuse is defined as any intentional act causing injury or trauma to another person. The components of physical abuse include:

  • Physical injury
  • Failure to protect
  • The use of controlled substances

Physical Injury

Physical injury is characterized as any of the following:

  • Injury that substantial harms the child.
  • Genuine threat of substantial harm from physical injury to the child.
  • Injury that does not match the history or explanation given.

Physical injury does not include either of the following:

  • An accident.
  • 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)

40 TAC §707.455

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(1)(D)

Controlled Substances

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

The intake specialist uses a PHAB allegation when either of the following occurs:

  • A child is physically injured because a person uses a controlled substance.
  • A child is permitted or encouraged to use a controlled substance.

Texas Family Code §261.001(1) (I), (J)

4214 Sexual Abuse

SWI Policy and Procedures December 2020

Sexual abuse is characterized as any of the following:

  • Sexual conduct harmful to a child’s mental, emotional, or physical welfare, including conduct that constitutes:
  • Failure to make a reasonable effort to prevent sexual conduct harmful to a child.
  • Compelling or encouraging the child to engage in sexual conduct as defined by Penal Code Section 43.01.
  • 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 images of the child are pornographic or obscene, as defined by Penal Code Section 43.21.
  • Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child, as defined by Penal Code Section 43.25.

Texas Family Code §261.001(1)(E), (F), (G), (H), and (K)

40 TAC §707.457

4220 Neglect Allegations

SWI Policy and Procedures December 2020

CPI investigates neglect allegations of:

  • Abandonment
  • Medical neglect
  • Neglectful supervision
  • Physical neglect
  • Refusal to assume parental responsibility

4221 Abandonment

SWI Policy and Procedures September 2021

Abandonment requires both of the following components:

  • A parent, guardian, or managing or possessory conservator of a child leaves the child in a situation that would expose the child to an immediate danger of physical or mental harm and the person does not arrange for necessary care for the child.
  • The parent, guardian, or managing or possessory conservator of the child shows no intent to return.

Texas Family Code §261.001(4)(A)

40 TAC §707.465

Parents have the right to place their children with alternate caregivers when the placement does not present obvious safety issues that could harm the child. These situations are not abandonment.

Alleged Perpetrators of Abandonment in CPI Reports

The intake specialist may assign only a parent, guardian, or managing or possessory conservator of the child the role of alleged perpetrator (AP) for an abandonment (ABAN) allegation.

The intake specialist cannot assign temporary caregivers the role of AP for abandonment. He or she may assign temporary caregivers the role of AP with an allegation other than ABAN, such as neglectful supervision (NSUP) or refusal to assume parental responsibility (RAPR).

4222 Medical Neglect

SWI Policy and Procedures September 2021

Medical neglect is the failure to seek, obtain, or follow through with medical care for a child, when that failure results in either of the following:

  • An immediate danger of death, disfigurement, or bodily injury to the child.
  • An observable, material impairment to the child’s growth, development, or functioning.

Texas Family Code §261.001(4)(B)(ii)

40 TAC §707.469

4223 Neglectful Supervision

SWI Policy and Procedures September 2021

Neglectful supervision (NSUP) is any of the following:

  • Placing a child in or failing to remove the 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 an immediate danger of 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 an immediate danger of sexual conduct harmful to the child.
  • Placing a child in or failing to remove the child from a situation in which the child would be exposed to acts or omissions that constitute abuse under Texas Family Code §261.001(1)(E), (F), (G), or (K) committed against another child.

Texas Family Code §261.001(4)(A)(ii)(a)

Texas Family Code §261.001(4)(A)(ii)(d)

Texas Family Code §261.001(4)(A)(ii)(e)

DFPS Rules 40 TAC §707.467

4224 Physical Neglect

SWI Policy and Procedures December 2020

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)

40 TAC §707.471

4225 Refusal to Assume Parental Responsibility

SWI Policy and Procedures December 2020

Refusal to assume parental responsibility (RAPR) is characterized as the failure by the person responsible for a child’s care, custody, or welfare to permit the child to return to the child’s home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away.

Texas Family Code §261.001(4)(iii)

40 TAC §707.473

Alleged Perpetrators of RAPR in CPS Reports

When the refusal to allow the child to return to or remain in the home is due an inability to meet the child’s behavioral or emotional needs, the parent/caregiver role is documented as Unknown (UK) unless other allegations are involved.

4300 CPI Priorities

SWI Policy and Procedures December 2020

The intake specialist assesses a CPI intake with one of the following priorities:

  • Priority 1
  • Priority 2
  • Priority N

4310 Priority 1 (P1)

SWI Policy and Procedures December 2020

A Priority 1 (P1) is assessed for any CPI intake in which the child appears to face an immediate or imminent threat of severe harm or death as a result of abuse or neglect.

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

See:

4611.1 UTC Procedures

4630 Child Fatality

4510 Pregnancy and Newborns

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

See Child Protective Services Handbook, 2143 Assigning Priority to Reports of Abuse or Neglect.

4320 Priority 2 (P2)

SWI Policy and Procedures December 2020

A Priority 2 (P2) is assessed for any CPI intake in which the reported abuse or neglect does not involve severe harm or does not require an immediate response.

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

4330 Priority None

SWI Policy and Procedures December 2020

A CPI report is assessed as a Priority None (PN) when:

  • There are allegations of abuse or neglect; and
  • SWI is not recommending an investigation; but
  • CPI needs to review the information to determine if further action is needed.

PNs are assessed on a limited basis and should only be used for the three specific reasons described below.

4331 Past Abuse or Neglect; No Current Safety Issues

SWI Policy and Procedures October 2021

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

  • The reported incident would have met legal definitions at the time the incident occurred.
  • The abuse or neglect happened in the past. (As a guideline for most, but not all, situations, past abuse would apply to incidents that occurred three or more months ago.)
  • No current safety issues exist.
  • No apparent risk of recurrence exists for the foreseeable future.

This PN Reason Code may be used regardless of whether CPI has investigated, as long as no remaining safety or risk concerns exist.

This PN code is not to be used when:

  • The alleged victim was a child at the time the incident occurred but is now an adult. The intake specialist assesses the information as an I&R unless it includes current reportable allegations or safety threats to a child.
  • A child death has been previously investigated and contains no new allegations involving other children. All reports of child death that meet the definition of a PN are processed with the PN Reason Code of Child Death/Incident Addressed in Previous Case.

Example

A child was abused by a cousin six years ago. The cousin attends family gatherings where the child is present. However, the parents are protective and do not allow the cousin to have unsupervised contact with the child. The last known incident is the one that occurred six years ago, which was already investigated by CPI. These factors indicate minimal risk of recurrence despite occasional ongoing access.

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

SWI Policy and Procedures December 2020

This PN code is used on a limited basis when CPI may be able to determine with an additional phone call to a specific collateral or principal contact, whether the intake needs to be investigated or closed.

An intake qualifies for this code when CPI:

  • Needs a key piece of information to determine if there is an assignable allegation of abuse or neglect.
  • Knows a specific collateral contact or principal has the needed information.
  • Has contact information for that person.

Eligible Contacts

Intake specialists do the following:

  • Designate a parent, relative and household member as a contact if he or she:
    • Is not an alleged perpetrator.
    • Has the specific information needed to make an investigation determination.
  • Do not designate victims or perpetrators as the specific contact for this code, because doing so could compromise the outcome.
  • Do not designate the reporter as the person who has needed information, because he or she is presumed to have provided all known information when the report is made.

Documenting the Specific Contact

SWI clearly identifies who should be contacted in the intake. This information is documented in any of the following places:

  • In the person notes of the specific person on the person list if the name and location are known.
  • In the narrative if the specific person is identified but name is not known. Example: “The 8th-grade guidance counselor at the middle school on 2nd street in Taylor.”

For example, the school nurse reports that a father hit his 11-year-old child. The nurse was told that the child has injuries, but she has not seen them. The school counselor has seen the injuries and can provide a description to CPI.

This PN code is not used when the following are true:

  • The information is too vague or general to determine whether there is abuse or neglect. In such cases, the information is assessed as an Information & Referral (I&R).
  • The only information needed from the specific collateral or principal is locating information. If the allegation meets legal definitions and a specific person can provide locating information, the report is assessed as a P1 or P2.

4333 Child Death/Incident Addressed in Previous Case

SWI Policy and Procedures October 2021

This PN code is used when the child’s death has already been investigated by CPI.

For specific criteria on this PN code and information on how to document a Child Death/Incident Addressed in Previous Case, see 4631 Death of a Child Not in DFPS Conservatorship.

4400 Processing CPI Intakes

SWI Policy and Procedures December 2020

This section contains documentation details unique to CPI. For a more complete reference, see 2600 Processing.

4410 Case Name

SWI Policy and Procedures December 2020

The In Regards To and Case Name fields for CPI 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 mother’s name.
  • If the parents are separated, and conservatorship has not yet been established, the case name is the name of the parent who has actual care, custody, and possession of the child.

For exceptions, see:

4515.3 SWI Procedures for Baby Moses Intakes

4520 School Reports

4720 Determining CPI or RCCI Jurisdiction for a Child in Relative or Fictive Kin Placement

4420 County

SWI Policy and Procedures December 2020

Once an intake specialist assesses an intake or Case-Related Special Request (CRSR), he or she assigns the report to the appropriate county. In most instances, intakes are assigned to the county of the managing conservator’s primary residence. The following situations require assignment to a different county:

  • If immediate response is needed, or the intake is a P1, and the child is more than 50 miles from home, the intake specialist assigns the intake to the county where the child is located.
  • If the managing conservator’s county of residency is unknown, the intake specialist assigns the intake to the county where the child is located.
  • If a child is living with a relative in a different county from the managing conservator with no plans for the child to return to his or her home, the intake specialist assigns the intake to the county where the relative lives. Note: If the child is more than 50 miles away, and an immediate response is needed, refer to the first bullet above. 

Assigning an intake or CRSR to a county other than the child’s primary residence requires a change of county.

See 4800 CPI Case-Related Special Requests.

4430 CPI Screener Eligibility Question

SWI Policy and Procedures December 2020

The intake specialist must answer a screener eligibility question for CPI intakes when both of the following are true

  • The intake is a Priority 2.
  • 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 (PRN) in the new intake are also principals in a CPI or CPS case that is open 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).
  • SUB (Substitute Care).
  • FRE (Family Reunification).

When cases have been merged, the intake specialist is not required to open each stage to determine in which stage the person being searched was designated as a PRN. A person’s role in a case is documented as “PRN” or “COL” at the end of the case history row. For example:

45678912    CPS   FSU   Doe,Jane   HARRIS   Smith,John   Investigation   PRN

If the person being searched shows to be a collateral (COL) or the CPI/CPS case is not open in any of the above-mentioned stages, the intake specialist selects No for the screening question.

4440 CPI Call-out and Assignment

SWI Policy and Procedures December 2020

IMPACT auto-assigns reports. If the Auto Assign checkbox is greyed out, or not appropriate, the intake specialist manually assigns the report according to the Assignment Charts.

See the Assignment Charts for call-out and routing procedures for reports sent to CPI. Some CPI offices have extended business hours, which are noted on the charts.

4450 Information and Referral (I&Rs)

SWI Policy and Procedures December 2020

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

4451 Open Case Stages

SWI Policy and Procedures December 2020

CPI and CPS cases have many stages, and multiple stages can be open at once. The Case List only displays the most recently opened stage. Sometimes, the intake specialist will need to open the Case Summary to view the complete list of open stages and determine whether to send the I&R to the local office. An intake specialist only pastes an open CPI or CPS case at the top of the narrative or sends an I&R to an open CPI or CPS case when at least one of the specified stages is open.

See:

3121 Specific Considerations for an I&R to Existing Case

Child Protective Services Handbook, 1410 Definition of Case and Stage

4500 CPI and CPS Special Topics – Part 1

SWI Policy and Procedures December 2020

The following are topics specific to CPI and CPS.

4510 Pregnancy and Newborns

SWI Policy and Procedures December 2020

In most cases, Statewide Intake (SWI) cannot recommend an investigation regarding concerns for an unborn child. The child must be born alive before CPI 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.

Two exceptions allow reports for unborn children:

  • The intake specialist completes a CRSR – Request for Local Public Service when all of the following are true:
    • The information does not support an intake for other children.
    • A professional reporter (typically law enforcement, medical, or casework staff) is requesting CPI assistance.
    • 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.
  • The intake specialist completes a P1 MDNG intake when all of the following are true:
    • The birth of the child is expected within 24 hours.
    • The child will require life-sustaining medical treatment immediately after birth.
    • The mother is refusing to consent to the medical treatment for any reason, including religious beliefs.

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

4511 Unborn Child

SWI Policy and Procedures December 2020

SWI cannot recommend an investigation for abuse or neglect regarding drug or alcohol use by a pregnant woman until after the child is born. For exception, see 4510 Pregnancy and Newborns.

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 current safety issues exist for other children being cared for by the pregnant woman. The intake specialist’s assessment should include the nature and extent of the woman’s drug or alcohol use.

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 narrative.

4512 Post Delivery

SWI Policy and Procedures December 2020

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

The intake specialist completes a P1 with an allegation of neglectful supervision (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.

Sometimes a reporter alleges that a mother used drugs or alcohol during her pregnancy, but the mother and newborn tested negative at birth and the newborn has not experienced physical harm due to the mother’s use. In such cases, 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 CPI NSUP intake, basing the priority 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.

4513 Miscarriage or Fetal Demise

SWI Policy and Procedures December 2020

A child death intake is not warranted if a reporter has information that either:

  • A woman had a miscarriage or fetal demise, and drug or alcohol use is suspected as the cause.
  • The woman was positive for drugs at the time of the miscarriage or demise. A child death intake is not warranted because there was not a live birth.

If other children are in the home, the intake specialist:

  • Assesses whether allegations of abuse or neglect include these children.
  • Completes an intake, listing children in the home as victims if there is such an allegation.
  • Does not list the child who died before birth on the person list. Instead, he or she addresses concerns about the child in the narrative.

See 4300 CPI Priorities.

If no other children are in the home, the intake specialist completes the most appropriate Information & Referral (I&R) type.

4514 Concerns Regarding Breastfeeding Mother with AIDS or HIV

SWI Policy and Procedures December 2020

If a mother with AIDS or HIV is breastfeeding, the intake specialist:

  • Completes a P1 intake with an allegation of neglectful supervision (NSUP).
  • Documents information about the mother’s diagnosis of AIDS, HIV, or other illnesses in the narrative.

4515 Baby Moses Reports

SWI Policy and Procedures December 2020

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 before the infant is 60 days old.

4515.1 Designated Emergency Infant Care (DEIC) Providers

SWI Policy and Procedures December 2020

According to the Baby Moses statutes, only 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.
    • 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.

See 4515.2 Criteria for a Baby Moses Report.

4515.2 Criteria for a Baby Moses Report
4515.21 Infant Is Brought to a DEIC Provider

SWI Policy and Procedures December 2020

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.
  • Appears to show no indication of abuse or neglect.
  • Is voluntarily delivered to a DEIC provider.
  • 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 unharmed, DEIC providers have no legal obligation to gather information from or about the person leaving the child. The DEIC provider may provide the person with a form for voluntary disclosure of the child’s medical facts and history.

4515.22 Infant Is Born at a Medical Facility But Mother Is Unwilling To Parent

SWI Policy and Procedures December 2020

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 above-listed criteria.
  • The mother indicates through her actions or words that she is unwilling 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 alone does not qualify the intake as a Baby Moses case.
4515.3 SWI Procedures for Baby Moses Intakes

SWI Policy and Procedures December 2020

For Baby Moses cases, 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 estimate) 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.
  • Asks the reporter if the person who left the baby completed a form voluntarily disclosing the child’s medical facts and history.
  • Does not instruct the reporter to have the person fill out the form or 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 personlist. This protects confidentiality and prevents 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 P1 with the allegation of ABAN.
  • Processes the intake following normal SWI procedures.

See:

Child Protective Services Handbook, 2351 Baby Moses

Texas Family Code §262.301

4515.4 Situations That Do Not Meet Baby Moses Intake Criteria

SWI Policy and Procedures December 2020

The intake specialist does not assess information as a Baby Moses intake if the infant:

  • Is known to be or appears to be 60 days old or older.
  • Has been harmed.
  • Is not abandoned at a DEIC provider location.
  • Is abandoned at a DEIC provider in a way that causes or exposes him or her to harm, such as exposure to severe temperature or similar dangers.
  • Tests positive for drugs at birth.

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

4516 Mother with a Child in DFPS Conservatorship Gives Birth to a New Baby

SWI Policy and Procedures December 2020

When a reporter relays that a mother with a child in DFPS conservatorship (CVS) has given birth to a new baby and no allegations of abuse or neglect toward the newborn exist, the intake specialist assigns a report type based on who reported the birth.

4516.1 Birth Reported by DFPS Staff

SWI Policy and Procedures December 2020

When the mother in an open CVS case gives birth to a new child, CPS staff:

  • Consults with an Investigations program director to determine whether a new investigation is necessary for the newborn.
  • Reports the child’s birth to Statewide Intake when an investigation is needed.

See Child Protective Services Handbook, 6370 When a Mother in an Open CVS Case is Pregnant.

When DFPS staff is the reporter, the intake specialist:

  • Processes an intake.
  • Assigns the requested allegation.
  • Absent any new allegations, assigns the primary allegation in the original case that caused the newborn’s sibling to be removed.
  • Assigns a P1, unless a lesser priority is requested.

When a lesser priority is requested, the intake specialist complies with the request and documents in the Conclusion:

  • The name and job title of the DFPS staff.
  • The requested priority.
4516.2 Birth Reported by Anyone Other Than DFPS Staff

SWI Policy and Procedures December 2020

When anyone other than DFPS staff is reporting the birth of a new baby to a mother who has children in DFPS conservatorship, and there are no allegations toward the newborn that rise to the level of abuse or neglect, the intake specialist:

  • Notifies CPS of the birth by processing an I&R to Existing CPS Case.
  • Assigns the I&R to the Immediate Call-Out workload whether the field office is open or closed.

4517 Child Born to Mother in a Corrections Facility, Mental Health Hospital, or Drug Treatment Facility

SWI Policy and Procedures December 2020

When a mother gives birth while confined to a facility and is unable to make appropriate arrangements for the infant, the intake specialist processes an intake to help place the infant by doing the following:

  • The mother is assigned the role of alleged perpetrator (AP).
  • The address listed for the mother is that of the facility.
  • Absent any allegations of abuse or neglect, the allegation assigned to the intake is Neglectful Supervision (NSUP).
  • Absent any immediate concerns of abuse or neglect, the intake is assessed as a P2.

4520 School Reports

SWI Policy and Procedures December 2020

The Special Investigations unit of DFPS’s Child Protective Investigations Division investigates alleged child abuse or neglect by school personnel or volunteers in a school setting.

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 §700.605(a)(7)

See Child Protective Services Handbook, 2320 School Investigations.

4521 Criteria for Person Types in School Reports

SWI Policy and Procedures December 2020

The Special Investigations unit only investigates allegations of abuse or neglect in a school setting when both the alleged victim and the alleged perpetrator meet specific criteria.

4521.1 Criteria for Alleged Victim (AV) in School Reports

SWI Policy and Procedures December 2020

The alleged victim must either:

  • Be a child.
  • Have been a child at the time that the alleged abuse or neglect occurred, (even if the person is now an adult).

DFPS Rules, 40 TAC §707.609(a)(3)

If the alleged victim was an adult with a disability at the time the incident occurred, the intake specialist assesses whether an APS intake is appropriate.

If the alleged victim was an adult without a disability at the time the incident occurred, the intake specialist completes an I&R – Non FPS Criminal Matter Referred to Law.

4521.2 Criteria for an Alleged Perpetrator (AP) in School Reports

SWI Policy and Procedures December 2020

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

School personnel and volunteers are people 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.
  • Police or security officers employed directly by the school (sometimes called resource officers).

DFPS Rules, 40 TAC §707.605(a)(6)

4522 Assessing Priority for School Reports

SWI Policy and Procedures December 2020

Prioritizing school reports requires specialized procedures that differ from standard procedures.

Assessing a P1 or P2

The intake specialist assigns a report a priority of P1 or P2 when the allegations occurred during the current school year, regardless of how much time has passed since the incident occurred. “Current school year” includes the summer months following the most recent school year.

See 4300 CPI Priorities.

Assessing a PN

The intake specialist assigns a report a priority of PN when the allegations being reported occurred in a previous school year.

4523 Documenting School Reports

SWI Policy and Procedures December 2020

The intake specialist uses special procedures to document school reports. Documenting school reports requires some specialized procedures that differ from how other reports are documented. 

Number of Intakes

When there are multiple perpetrators in the school setting, the intake specialist completes a separate report for each alleged perpetrator, even if the perpetrators are involved in the same situation.

In Regards To and Case Name

The intake specialist enters the name of the alleged perpetrator (AP) in the In Regards To and Case Name fields. When the name is not known, an Unknown person is created on the person list, with the relationship of “School.” This Unknown person is designated as the In Regards To and Case Name.

Person List

The only people listed as principals on the person list are the AP and any victims.

The only child or children designated as a victim on the person list are those who have allegedly been abused or neglected. The intake specialist does not enter Unknown on the person list page to represent other students to whom an alleged perpetrator (AP) has access.

The parent of a victim is never identified as an alleged perpetrator in a school report. Parents are documented as Collaterals on the person list. When allegations are made against a parent that rise to the level of abuse or neglect, those allegations are documented and assessed in a separate CPI report in the parent’s name.

Alleged Victim

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

When an alleged victim in a school report was a child at the time of the incident but is 18 or older when the report is made, the intake specialist documents the person as a victim and enters the known date of birth or approximate age.

Alleged Perpetrator (AP)

The address entered for the AP is the school’s address. If the home address of the AP is known, the intake specialist enters it as a secondary address in the Person Detail section.

4524 Non-Abuse and Neglect Allegations for School Reports

SWI Policy and Procedures December 2020

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

Texas Family Code §261.001(1) and (4)

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 people if the actions are all of the following:
    • Are limited to those actions reasonably believed to be necessary under the existing circumstances.
    • Do not include unnecessary force or the inappropriate use of restraints or seclusion, such as using either 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 §707.607(b)(3)

Processing Non-Abuse and Neglect Allegations for School Reports

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

DFPS Rules, 40 TAC §707.609(b)

4525 Home Schooling

SWI Policy and Procedures December 2020

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

The intake specialist assesses reports involving the abuse or neglect of home-schooled children using the same criteria and intake guidelines as any other CPI report.

4526 Boarding Schools

SWI Policy and Procedures December 2020

Allegations of abuse or neglect by school personnel or volunteers at a boarding school are assessed as an intake for CPI. The intake specialist conducts a resource search to rule out Residential Child Care Investigations (RCCI) jurisdiction, such as a basic care facility or a Residential Treatment Center (RTC).

4527 Foreign Exchange/Sponsorship Program

SWI Policy and Procedures December 2020

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 CPI.

4530 Sexual Behaviors in Children

4531 Young Children Who Are Sexually Acting Out

4531.1 Determining an Intake

SWI Policy and Procedures December 2020

When young children are acting out sexually, it is important to establish the difference between normal behaviors and those that may have been learned through inappropriate touch or exposure to adult sexual behaviors. In general, the intake specialist’s decision to recommend an investigation is determined based on the totality of information obtained at intake. However, certain situations have been determined to meet the legal definition for generating an intake. Those situations include, but are not limited to:

  • Young children who are exhibiting age inappropriate sexual behaviors that may be indicative of sexual abuse. For a list of common and concerning sexualized behaviors based on age, see Common and Concerning Sexual Behaviors in Children.
  • Young children who are more than two years apart in age or developmental level who are engaging in age inappropriate sexual behaviors.
  • A child is forcing another child to engage in sexual play through the use of violence or intimidation.
4531.2 Identifying the Source of Sexual Exposure

SWI Policy and Procedures December 2020

Once it has been determined that the situation meets criteria for an intake, the intake specialist attempts to determine:

  • Which child initiated the behavior.
  • How the child may have learned the behavior.
  • Whether the child has a history of acting out sexually.
4531.3 Processing Reports on Young Children Who are Sexually Acting Out

SWI Policy and Procedures December 2020

When the Source of Sexual Exposure is Known:

When it is known which child initiated the behavior, the intake specialist completes a Sexual Abuse (SXAB) intake naming that child as the oldest victim (OV). If the child identifies a source for their sexual knowledge, that person is named as the alleged perpetrator (AP). Otherwise, the intake specialist leaves the AP blank. Once the source of abuse has been established for the child who initiated the behaviors, the intake specialist does not need to complete an additional intake for the other child. The exception is if information supports that the other child was also abused by someone meeting the criteria for an alleged perpetrator.

When the Source of Sexual Exposure is Unknown:

When it is unknown which child initiated the behavior, where they learned the behavior, or whether or not either child has a history of acting out sexually, the intake specialist:

  • Considers all the children involved as victims.
  • Completes the appropriate number of intakes for Sexual Abuse (SXAB).
  • Leaves the AP blank.

Considering Caregiver Culpability

In addition to consideration of the children’s behaviors, it is also important to consider whether the caregiver had any culpability in the situation. The intake specialist adds a Neglectful Supervision (NSUP) allegation to the existing intake, naming the caregiver as the AP if a caregiver:

  • Has knowledge of prior inappropriate sexual acting out.
  • Does not take precautions to prevent subsequent opportunities for that acting out.

4532 Sexually Active Youth

SWI Policy and Procedures December 2020

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

4532.1 Age 13 or Younger Engaged in Sexual Activity

SWI Policy and Procedures December 2020

Caregivers are required to make a reasonable effort to prevent a youth age 13 or younger from having a sexual relationship, regardless of whether the child states 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, CPI does not consider this to be neglectful supervision. It is unrealistic to expect constant monitoring of a school-age child. Placing a child on birth control does not necessarily equate to consenting to the child’s behaviors.

When a child age 13 or younger is known to be sexually active, becomes pregnant or tests positive for a sexually transmitted disease or infection (STD or STI), the intake specialist makes an assessment based on the available facts. For example, if a 13-year-old is known to be pregnant by a 14-year-old classmate and her parents were unaware that she was sexually active, that would not support an intake.

When the only information available is that the child is sexually active, pregnant or has an STD or STI, the intake specialist completes an intake for Sexual Abuse (SXAB) with an unknown perpetrator. The child’s level of vulnerability and the response time needed to ensure child safety determine report priority.

4532.2 Ages 14-16 Engaged in Sexual Activity

SWI Policy and Procedures December 2020

CPI 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 timeframe 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 CPI 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 both:

  • Is aware of the relationship.
  • Has failed to make a reasonable effort to prevent it.

The intake specialist documents the child’s caregiver as the alleged perpetrator. The child’s partner is documented as a collateral (COL) with a role of NO.

If it is unknown whether the caregiver is aware of 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 also may be necessary.

Example

A family member reports that a 14-year-old and a 17-year-old are having sex with the knowledge and consent of the 14-year-old’s parents. The caller does not know the date of birth of the 17-year-old, 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.

4532.3 Ages 14-16 Living with a Non-Related Partner

SWI Policy and Procedures December 2020

When a child age 14-16 is living with a non-related partner, the intake specialist assesses for NSUP on the caregiver, based on the above. This applies whether the child has moved in with the partner, or the partner has moved into the child’s home.

When the sexual relationship began dictates whether the intake specialist also documents the child’s sexual partner as an alleged perpetrator for sexual abuse.

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.

The reporter does not need to have direct knowledge of sexual activity, though that information is helpful. 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 available facts and the likelihood of sexual activity.

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

4532.4 Age 17 Engaged in Sexual Activity

SWI Policy and Procedures December 2020

In most cases, CPI does not investigate consensual sexual activity of children who are 17 unless the partner is known to be one of the following:

  • Caregiver
  • Relative
  • School personnel
  • Household member that is not the child’s partner

4533 Youth with a Developmental Delay Engaged in Sexual Activity

SWI Policy and Procedures December 2020

When the child is developmentally delayed and functions at a lower age level, the age of consideration is the developmental age of the child.

Example

An intake specialist generates a report 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.
  • Makes no attempt to prevent it.

Texas Penal Code Chapter 21 Sexual Offenses

4534 Limited Information about a Sexually Active Youth

SWI Policy and Procedures December 2020

SWI frequently receives reports from DSHS contractors and providers who are mandated to report sexual activity involving youth. These reports are referred to as:

  • WIC reports (for Women, Infants, and Children).
  • 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 individually with careful consideration to the available information. The intake specialist:

  • Performs a history search for each person listed in the report.
  • Uses standard guidelines to assess for abuse or neglect.
  • Completes an intake or the appropriate I&R type.

4540 Designating a Child as an Alleged Perpetrator for Child-on-Child Abuse/Neglect under CPI Jurisdiction

SWI Policy and Procedures December 2020

When concerning behavior between children rises to the level of abuse, a child ages 10-17 may be considered an alleged perpetrator (AP). Such a designation requires special considerations that are not necessary when the AP is an adult.

See 4123 Victim Perpetrator (VP).

The most common scenarios of child on child abuse or neglect include:

  • Sexual abuse
  • Physical abuse
  • Neglectful supervision

An intake specialist uses different considerations in each of these allegations to determine whether an intake is needed.

4541 Child-on-Child Sexual Abuse (SXAB)

SWI Policy and Procedures December 2020

Some sexual behaviors between children are normal. If help is needed to determine whether the behaviors are considered abusive, see Common and Concerning Sexual Behaviors in Children.

When the behavior has been determined to be abusive and require an intake, the intake specialist considers the following before designating a child as an alleged perpetrator:

  • Age difference between the children.
  • Developmental levels of the children.
  • The use of force or coercion.

4542 Child-on-Child Physical Abuse (PHAB)

SWI Policy and Procedures December 2020

Some sibling rivalry is normal, and sometimes this rivalry can lead to injuries. The intake specialist should not use injury as the single determining factor for designating a child as an alleged perpetrator (AP). When assessing for possible child on child physical abuse, he or she first must consider the following:

  • Age difference between the children.
  • Size difference between the children.
  • Developmental levels of the children.
  • Severity of injuries.
  • Frequency of violence or abuse.

4543 Child-on-Child Neglectful Supervision (NSUP)

SWI Policy and Procedures December 2020

Before designating a child as an alleged perpetrator (AP) for Neglectful Supervision, the intake specialist must first establish both of the following:

  • The adult caregiver specifically left one child in charge of others.
  • The child in charge was aware of their responsibility to supervise the other child or children.

The intake specialist also must consider the following:

  • Age difference between the children.
  • Developmental levels of the children.
  • How often one child is responsible for supervising other children.
  • Capabilities of the supervising child (mental, physical, behavioral).
  • Needs of the child being supervised.

4544 Determining the Role of the Caregiver When Assessing for Child-on-Child Abuse or Neglect

SWI Policy and Procedures December 2020

When an intake is needed as a result of child on child abuse or neglect, the intake specialist also considers whether the caregiver has taken reasonable measures to ensure the safety of the victimized child. If not, the situation may require an additional allegation of Neglectful Supervision (NSUP) naming the caregiver as the alleged perpetrator (AP).

This option also may be appropriate when none of the children involved qualifies as an alleged perpetrator due to their age.

4550 Youth Wants or Has Had an Abortion

SWI Policy and Procedures December 2020

This policy applies only to the relatively narrow circumstance in which both of the following are true for a youth:

  • Is reported to be a victim of abuse or neglect.
  • Wants or has had an abortion without telling the people legally responsible for the child whom DFPS will need to involve in the investigation.

Texas Family Code, Chapter 33 Notice of and Consent to Abortion

A child who is pregnant and wants an abortion, or was pregnant and had an abortion, does not automatically require an intake. The report must also include allegations that meet the definition of abuse or neglect for a CPI intake.

If the intake specialist assesses an intake and obtains information that a child wants or has had an abortion without informing the people legally responsible for the child who would have contact with CPI, the intake is designated as sensitive.

See Child Protective Services Handbook 2341 Abortion.

Obtaining Additional Information

If the reporter indicates that the youth wants or has had an abortion, the intake specialist tries to determine whether the youth has done either of the following:

  • Told the people legally responsible for her the abortion-related information.
  • Plans to or has obtained a court order to get the abortion without telling the people legally responsible for her. This is called a “judicial bypass.”

Documenting Abortion-Related Information

When a youth wants to have or has had an abortion, the intake specialist records that information in the reporter’s person notes, including information on the pregnancy and judicial bypass proceedings, when available.

The reporter’s person notes are confidential, even when the case record has been requested through proper channels, such as during the discovery phase of a lawsuit.

To ensure that DFPS staff have access to the confidential information, the intake specialist documents in the narrative that investigation staff should review the reporter’s person notes.

The intake specialist documents “Abortion related information” in Sensitive Case comments.

Judicial Bypass Proceeding

If the reporter indicates that details of the investigation are needed for a judicial bypass proceeding when a youth seeks an abortion without notice to a parent, conservator, or guardian, the intake specialist assesses the intake as a priority 1 (P1).

No Allegations of Abuse or Neglect

If the reporter gives information that a youth wants or has had an abortion without informing the people responsible for her, but no allegations of abuse or neglect exist, the intake specialist assesses an information & referral (I&R) report one of the following ways:

  • If there is an open CPI or CPS case involving this family and youth, the I&R is designated sensitive.
  • If there is no open CPI or CPS case, the I&R is not sensitive.

4560 Children Placed Outside the Home

4561 Children in DFPS Conservatorship

SWI Policy and Procedures December 2020

The program responsible for investigating reports of abuse, neglect or exploitation of children in DFPS conservatorship depends on the setting where the incident occurred.

4561.1 Determining Whether to Complete a CVS Caseworker Notification

SWI Policy and Procedures January 2021

The intake specialist completes an I&R CVS Caseworker Notification anytime a child in DFPS conservatorship is a principal in an intake for any program.

The intake specialist completes separate I&Rs when there are either:

  • Multiple unrelated children.
  • Related children with different CVS workers.

See 3101 CVS Caseworker Notification.

This I&R type is not used when the only report completed is an I&R or a CRSR.

4561.11 Situations That Always Require an I&R to Existing CPS Case

SWI Policy and Procedures December 2020

In addition to any intake or I&R generated for another program regarding a child in DFPS conservatorship, the intake specialist also must complete an I&R to the child’s open CPS case 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 urgent, unplanned treatment by a medical professional because of injury, trauma, or illness.
  • The child has been arrested.
  • The child has died.
  • There has been a breakdown in the child’s placement which requires an immediate move to a new placement.
  • Any report (whether an intake or an I&R) that indicates that the child has been involved in human trafficking.
4561.12 Calling Out and Assigning the I&R to Existing CPS Case

SWI Policy and Procedures December 2020

Call-out and assignment procedures vary according to the following situations:

  • During normal business hours and for offices open after hours, the I&R is assigned to the routing coordinator.
  • After hours and on weekends, the I&R is assigned to the workload for immediate call-out by support staff.
  • If law enforcement is requesting immediate assistance, regardless of whether the office is open or closed, the intake specialist contacts the local office and assigns the I&R to the on-call staff contacted.
4561.13 Other Situations That Might Require an I&R to Existing CPS Case

SWI Policy and Procedures January 2021

In situations that do not require immediate notification to CPI, whether or not SWI sends an I&R to the open case is dependent upon the setting in which the incident occurred.

Incident in a Non-Licensed Setting

If incident supports an intake, the intake specialist:

  • Completes a CPI intake.
  • Processes an additional I&R to Existing CPS Case.

If incident does not support an intake, the intake specialist processes an I&R to Existing CPS Case.

Kinship Placement

When a kinship caregiver reports he or she can no longer care for a child in DFPS conservatorship and there are no allegations of abuse or neglect by the caregiver, the intake specialist assesses an I&R to Existing CPS Case if the following are true:

  • A child is in a kinship placement.
  • There is an open stage.

If no stage is open, the intake specialist assesses a RAPR or NSUP (depending on the circumstances of the case) with the biological parent or parents as the AP (alleged perpetrator), not the kinship caregiver. The kinship caregiver does not have a legal obligation to the child or children. Therefore, he or she cannot be an AP in these situations.

Incident Occurred in an RCCR Licensed Setting

RCCR notifies CPS when a child in DFPS conservatorship is involved in in an RCCR I&R. If incident supports an I&R RCL Standards Compliance, the intake specialist:

  • Completes the I&R Standards Compliance.
  • Does not process an additional I&R to Existing CPS Case.

See 9530 Reports Involving Children in DFPS Conservatorship in a RCCR Operation.

Incident Occurred in a Day Care Setting

Day Care Regulation (DCR) notifies CPS when a child in DFPS conservatorship is involved in a DCR I&R. When the incident supports an I&R DCL Standards Compliance, the intake specialist:

  • Completes the intake or I&R DCL Standards Compliance.
  • Does not process an additional I&R to Existing CPS Case.

See 9530 Reports Involving Children in DFPS Conservatorship in a RCCR Operation.

Incident Occurred in a Provider Investigations (Facility or Community) Setting

When the incident supports a Provider Investigations intake, the intake specialist does all of the following:

  • Completes the intake.
  • Does not process an additional I&R to Existing CPS Case.

If the incident supports an I&R AFC Client Rights/Fac Admn, the intake specialist processes:

  • An I&R AFC Client Rights/Fac Admn.
  • An I&R to Existing CPS Case.

If the incident supports neither a Provider Investigations intake nor an I&R AFC Client Rights/Fac Admn, the intake specialist processes an I&R to Existing CPS Case.

See:

4825.3 Young Adults Returning To Care Who Have Children of Their Own

6300 PI Facility Allegations

6500 Report Does Not Meet the Definition of Abuse, Neglect, or Exploitation

6720 Reports Involving Children in DFPS Conservatorship

7300 PI Community Allegations

7620 Reports Involving Children in DFPS Conservatorship

4561.14 Youth Has a Baby While in Conservatorship

SWI Policy and Procedures December 2020

A youth in DFPS conservatorship might have a baby. The intake specialist determines whether to complete a case-related special request (CRSR) or an intake for the baby.

The intake specialist completes a CRSR, Request for Local Public Service for the baby when the following are true:

  • There are no allegations of abuse or neglect.
  • DFPS is placing the baby with the youth in the youth’s foster placement.

The intake specialist completes a separate CRSR for each baby the youth has.

When there are allegations of abuse or neglect, the intake specialist completes an intake for the baby.

The intake specialist also does the following:

  • Asks if the report needs backdating to ensure proper payment to the placement provider.
  • Makes sure the case name for the baby’s CRSR or intake is that of the youth, who, in this context, is the parent.
  • Routes the CRSR or intake to the county with the open conservatorship case for the youth.

See:

Child Protective Services Handbook, 6440 When a Youth in Substitute Care is Pregnant or Parenting

Child Protective Services Handbook, 4800 CPI Case-Related Special Requests

4562 Child Removed by Non-DFPS Entities

4562.1 Court-Ordered Investigations or Removals

SWI Policy and Procedures December 2020

The intake specialist completes a P1 intake if a court orders either:

  • An investigation into alleged abuse or neglect.
  • A removal.

If a court orders intervention not alleging abuse or neglect, the intake specialist completes a case-related special request (CRSR) using the Court Ordered Request (C-CO) type.

4562.2 Children Placed in a Shelter by Law Enforcement

SWI Policy and Procedures December 2020

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

The intake specialist completes:

  • A P1 intake if abuse or neglect is alleged.
  • A CRSR using the Request for Local Public Service (C-PB) type, if there are no allegations but law enforcement requests help from CPI.

4563 Youth in the Custody of the Texas Juvenile Justice Department (TJJD)

SWI Policy and Procedures December 2020

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 then does the following, in this order:

  • Attempts to find family members or other appropriate placement for these children upon release.
  • Requests assistance from CPI in locating other appropriate people to whom the youth can be released if TTJD staff are unable to secure appropriate placement arrangements.

Requests for placement assistance are made within 90 days of release date.

4563.1 Requests for Placement Assistance from TJJD Received by Phone

SWI Policy and Procedures December 2020

If the request for placement assistance is made by phone, the intake specialist asks:

  • When the youth will be released.
  • What attempts have been made for release planning.
  • Reasons a release plan has not been established.

Youth’s Release is More Than 90 Days Away

If a request is received 91 days or more from the child’s release date, intake specialist:

  • Tells the reporter it is too early to request CPI assistance.
  • Completes an I&R – Clearly Not Reportable, Child.

Youth’s Release is 90 Days Away or Less

A request received when the release date is 90 days or less is assessed as either an intake if abuse or neglect is present, or a CRSR. These examples are not all inclusive, and the intake specialist must use professional judgment.

An intake would be appropriate in the following types of situations:

  • Parent refuses to let the child return to the home or is unwilling to make other living arrangements for the child.
  • Release plans have been made, but on the day of release, no one picks up the child.

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

  • Parents or guardians cannot be located.
  • The child’s parent or guardian is in jail and cannot make arrangements for the child’s care.
  • The person who had legal custody of the child prior to placement in the TJJD facility has died while the child was in placement, and there are no alternative arrangements for care.
4563.2 Documentation of TJJD Request Received by Phone

SWI Policy and Procedures December 2020

In either type of report (intake or CRSR), the intake specialist enters the following statement in the narrative Conclusion, as provided by the reporter:

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

4563.3 Requests for Placement Assistance from TJJD Received through the Internet (E-Reports)

SWI Policy and Procedures December 2020

TJJD staff may request placement assistance through the e-report system. These requests should not contain any allegations of abuse or neglect.

The e-report will have the following statement in the narrative:

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

4563.4 Where to Route the Intake or CRSR

SWI Policy and Procedures December 2020

The intake specialist routes the intake or CRSR as follows:

  • If the child’s parent or guardian is identified and a locating address or county in Texas is provided, the intake or CRSR is routed to the county in which the parent or guardian lives.
  • If no locating information for the parents or guardians is provided, or the location is out of state, the intake or CRSR is routed to the county in which the youth currently lives.

4564 Placement Assistance for Therapeutic Needs

SWI Policy and Procedures December 2020

DFPS has programs to ensure therapeutic treatment for children whose families are unable to meet a child’s emotional or behavioral needs through other resources.

Participation in these programs allows the caregiver to do either of the following:

  • Share joint managing conservatorship (JMC) with DFPS.
  • Give DFPS temporary managing conservatorship (TMC) while the child is receiving therapeutic services. Participation in these programs helps keep parents from having to relinquish custody to DFPS.
4564.1 Mental Health Support Protocol

SWI Policy and Procedures December 2020

The Mental Health Support Protocol was established by Senate Bill 44 of the 83rd Texas Legislature to help parents or guardians of children who need therapeutic placement.

If the family lives in Texas, DFPS may be able to provide the family with an out-of-home placement of the child if the child’s therapeutic or behavioral needs cannot be met in a family setting. The program is referred to as any of the following:

  • SB 44
  • The HHSC RTC Project
  • Policy 2390
  • Mental Health Support Project
  • The Diversion Bed Project

See Child Protective Services Handbook, 2390 Families Who Are Unable to Obtain Mental Health Services for Children with Severe Emotional Disturbance.

4564.2 Post-Adoption Substitute Care Services

SWI Policy and Procedures December 2020

A family who has adopted a child previously in DFPS conservatorship may be unable to care for the child because of his or her therapeutic needs, including:

  • Emotional or behavioral issues related to trauma experienced before the adoptive placement.
  • Genetic issues not known before consummation.

The adoptive family may contact DFPS to request placement for their adopted child for therapeutic or behavioral reasons.

See Child Protective Services Handbook, 6961 Postadoption Substitute Care Services.

4564.3 Assessing Reports for Mental Health Support Protocol and Post-Adoption Substitute Care

SWI Policy and Procedures December 2020

Families must meet special criteria to qualify for these programs’ services. Intake specialists are not required to establish this criteria.

When a parent or guardian (biological or adoptive) seeks placement of a child strictly for therapeutic needs, the intake specialist follows the usual Statewide Intake procedures. Assessment depends on whether allegations of abuse or neglect are present.

No Abuse or Neglect Is Alleged by Caregiver

When a request for therapeutic placement assistance is made, and there are no allegations of abuse or neglect against the caregiver, the intake specialist takes the following actions:

  • Processes a CPS intake alleging refusal to assume parental responsibility (RAPR) without assigning a perpetrator.
  • Documents the caregiver’s person type as PRNs with UNK role.
  • Assesses priority based on how quickly the child requires out-of-home placement.

This process is used only when abuse or neglect is not present and the presenting problems are solely the result of emotional or behavioral issues.

See Child Protective Services Handbook, 6961 Postadoption Substitute Care Services.

Abuse or Neglect Is Alleged by Caregiver

If abuse or neglect by the caregiver is disclosed in addition to the caregiver’s request for placement assistance, the intake specialist:

  • Completes an intake recommending an investigation of the allegations.
  • Includes the allegation of RAPR.
  • Does not assign an alleged perpetrator.

This qualifies the case for the placement program, if determined appropriate.

4570 Reports Involving Family Violence

4571 PHAB As a Result of Exposure to Family Violence

SWI Policy and Procedures December 2020

When a child is injured during family violence, the intake specialist considers:

  • The age of the child.
  • The severity of the injury.
  • The presence of special needs or disabilities.
  • 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 5 or younger 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.
  • A caregiver threatens to kill or substantially harm a child, and factors indicate the following:
    • A reasonable likelihood that the caregiver may follow through with the threat.
    • The child shows genuine fear of harm.

4572 NSUP As a Result of Exposure to Family Violence

SWI Policy and Procedures December 2020

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.
  • The severity of injuries sustained by the caregiver. This is an indicator of the level of violence, which helps the intake specialist determine the threat of harm to the child.

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

  • A caregiver is in proximity of a child while 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.
    • Striking others when a child is likely to be hit.
  • A child, of any age, attempts to intervene by placing themselves in close proximity to the violence.
  • A household member assaults a caregiver who is supervising a vulnerable child, and the severity of the caregiver’s injuries prevent the him or her from providing appropriate care and supervision for the child. This situation does not require the child to be in proximity to the violence.
  • A child, age 5 or older, receives a minor injury by being exposed to family violence, but the severity of the incident could have resulted in a more serious injury. If a child younger than 5 is injured, see 4571 PHAB as a Result of Exposure to Family Violence.

See 4574 Assigning Roles for Family Violence-Related Intakes.

Texas Administrative Code §707.477

4573 EMAB As a Result of Exposure to Family Violence

SWI Policy and Procedures December 2020

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 4211 Emotional Abuse.

The intake specialist uses professional judgment to do the following:

  • Identify behaviors or symptoms.
  • Determine whether these symptoms present an observable and material impairment in the child’s growth, development, or psychological functioning.

See 4574 Assigning Roles for Family Violence-Related Intakes.

Texas Family Code §261.001(1)(A),(B)

Texas Administrative Code §707.477

Texas Administrative Code §707.453

4574 Assigning Roles for Family Violence-Related Intakes

SWI Policy and Procedures December 2020

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

  • Assigns the role of the alleged perpetrator based on which adult caused harm to another adult in a way that presented a safety threat to a child.
  • Assigns the role of the adult victim of family violence as Unknown, which allows CPS to change the role after the caseworker has assessed the entire situation and determined whether specific criteria outlined in TAC §707.477 are applicable.

The intake specialist does not consider the frequency of occurrence when assigning roles. Additionally, the adult victim’s actions in defending herself, himself, or the children should not be considered as “engaging” or “participating” in family violence.

Both adults may be assigned a role of alleged perpetrator in the following situations:

  • Both have caused harm during separate incidents.
  • One adult demonstrated aggression but the other adult intensified the violence beyond self-protection. (For example: Mother pushes aunt and then walks away. Aunt responds by grabbing a hammer and hitting mother in the head.)

4580 Motor Vehicles

SWI Policy and Procedures December 2020

CPI 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 CPI jurisdiction to investigate.

4581 Driving without a Car Seat or Seat Belt

SWI Policy and Procedures December 2020

Though 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 not secured their children with car seats or seat belts, the intake specialist:

  • Gathers additional information.
  • 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 completes an intake only when there are additional safety issues such as:

  • Parent was under the influence of drugs or alcohol at the time of the car accident.
  • Parent was trying to outrun police in a car chase.

4582 Caregiver Driving While under the Influence of Drugs or Alcohol

SWI Policy and Procedures December 2020

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.

Law Enforcement Reporting

When law enforcement reports 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. Law enforcement officials are able to provide a professional opinion as to the caregiver’s impairment. Therefore, when law enforcement reports these situations, the intake specialist recommends an investigation.

All Other Reporters

When the reporter is not law enforcement, the intake specialist must obtain additional information to establish whether the situation falls under CPI jurisdiction.

Relevant factors may include, but are not limited to:

  • How the caregiver acts or drives while under the influence.
  • How often it happens.
  • If the child has been injured.

4583 Children Left Alone in Vehicles

SWI Policy and Procedures December 2020

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

Safety factors to be considered include, but are not limited to:

  • Age and capabilities of child.
  • Sufficiency of ventilation.
  • Time left alone in the car.
  • Temperature outside.
  • Where the car is parked.
  • Child’s physical and emotional condition (overheated, scared, worried, etc.).
  • Whether child is participating in dangerous behaviors (playing with car’s controls, climbing in trunk).

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

4590 Multifamily Households

SWI Policy and Procedures December 2020

In multifamily 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. Unless there is only one intake, in which instance all the household members are principals.

4591 Clarification of Terms: Family and Multifamily Household

SWI Policy and Procedures December 2020

Family

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

  • A nuclear family of parents or legal caretakers and their child or children by birth, conservatorship, adoption, or marriage.
  • Families blended by marriage and living in the same home with stepparents, 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 lives 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 people 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.

Multifamily Households

Multifamily households include, but are not  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.
    • A mother and her children live with her partner and his child.
  • More than one family group lives in the same household, and they are related. Examples:
    • Three sisters and their children live together.
    • 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, except in the following situations:

  • Information does not clearly show it is a multifamily household. The intake specialist documents in the narrative section of the intake that this might be a multifamily household.
  • It is a multifamily household, but allegations do not involve one of the families. Only one intake is completed on the multifamily household.

4592 Person Detail on Multifamily Intakes

SWI Policy and Procedures December 2020

The intake specialist completes the Person Detail on a multifamily household as follows:

  • Lists all adults as principals with their relationship to the oldest victim (OV).
  • Lists the children as principals in the intake for their nuclear family.
  • Lists 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, that child is listed as a PRN (principal) and his or her role is listed as AP.

4600 CPI and CPS Special Topics – Part 2

SWI Policy and Procedures December 2020

The following are topics specific to CPI and CPS. 

4610 Locating Families

SWI Policy and Procedures December 2020

When a report is made concerning a child or family who was previously involved with CPI or CPS but is now missing, CPI or CPS must respond as quickly as possible. These types of cases are identified in IMPACT by:

  • A red sunburst on an Unable to Complete (UTC) case.
  • The Child Safety Check Alert List (CSCAL) designation.

Both designations require special procedures.

4611 UTC Case with a Red Sunburst

SWI Policy and Procedures December 2020

A red sunburst appears next to the case number on the Case List page, identifying cases that have been closed with a UTC (Unable to Complete) disposition due to lack of locating information. Not every case with UTC disposition will have a red sunburst. SWI only follows UTC procedures when a UTC case is designated with a red sunburst.

A case might have both CSCAL and UTC designations. In those situations, CSCAL procedures are followed.

See Child Protective Services Handbook, 3110 Conducting a Diligent Search and Placing the Family on the Child Safety Check Alert List (CSCAL).

4611.1 UTC Procedures

SWI Policy and Procedures April 2021

When a red sunburst is found during a history search of the family, the intake specialist determines whether Child Protective Investigations (CPI) has conducted an investigation since the case was closed. The intake specialist then follows the instructions that are applicable to the scenario using the instructions below.

If an investigation has not been conducted since the Unable to Contact (UTC) closure, the reporter is providing locating information, and there are no new allegations, the intake specialist takes the following steps:

  1. Uses the current date and duplicates the most recent intake from the case with the red sunburst by copying the following information:
    • The reporter information
    • Allegations
    • Narrative
  2. Updates the intake, if necessary, with the locating information from the reporter (If updated locating information is out of state, the new intake is assigned to the county that investigated the UTC case. This will require a change of county code).
  3. Assesses a Priority 1.
  4. Documents, in the Assessment/History section of the narrative “Per UTC policy, this is being entered as a P1 intake.”
  5. Completes an additional I&R to Existing CPS Case to the open case that was generated in first step above. This I&R documents the contact that led to the new P1 intake.
  6. Auto-assigns the I&R.
  7. Provides the Report ID number for the I&R to the reporter.

If an investigation has not been conducted since UTC closure, regardless of whether the reporter can provide current locating information, and there are new allegations, the intake specialist does the following:

  • Completes a P1 intake.
  • Documents the current locating information, if it is provided. If no new locating information is provided, documents the information from IMPACT.
  • Documents current allegations.
  • Documents, in the Assessment/History section of the narrative, “Per UTC policy, this intake is being entered as a P1.” (It is not necessary to complete a separate I&R.)

If an investigation has not been conducted since UTC closure, whether the reporter can or cannot provide current locating information, and there are new allegations, the intake specialist does the following:

  • Completes a P1 intake.
  • Documents the current locating information, if it is provided. If no new locating information is provided, documents the information from IMPACT.
  • Documents current allegations.
  • Documents, in the Assessment/History section of the narrative, “Per UTC policy, this intake is being entered as a P1.” (It is not necessary to complete a separate I&R.)

If an investigation has not been conducted since UTC closure and the reporter cannot provide locating information, SWI does not generate a case related special request (CRSR) for the following reasons:

  • The field has already conducted a Texas Integrated Eligibility Redesign System (TIERS) search.
  • The field has exhausted all other methods for locating the family.

Instead, the intake specialist processes the information as an I&R most relevant to the situation.

See 4615 Not Enough Locating Information for a CPI Intake.

4612 The CSCAL Program (Child Safety Check Alert List)

SWI Policy and Procedures December 2020

The Texas Department of Public Safety (DPS) runs CSCAL, an automated program that helps DFPS find families that move and cannot be located, for purposes of:

  • Investigating a report of child abuse or neglect.
  • Alternative response.
  • Providing protective services to a family receiving family-based support services.
  • Providing, in limited circumstances, protective services to the family of a child who is in the managing conservatorship of DFPS.

Texas Family Code §261.3022

The CSCAL designation is displayed as Special Handling on the Case Summary page as “Child Safety Check Alert List.” In addition to the CSCAL designation, a red sunburst may also be present in case history, indicating the case is also UTC. When a case reflects both designations, the intake specialist follows CSCAL procedures.

4612.1 CSCAL Reported by Law Enforcement

SWI Policy and Procedures December 2020

When law enforcement encounters a person on the Child Safety Check Alert List, they report the information to SWI.

The intake specialist:

  • Gathers identifying and locating information for each person on the CSCAL.
  • Requests the CPN. (Law enforcement sometimes uses this term to refer to a DFPS case number.).
  • Performs a case or person search to determine if the people on the CSCAL are principals (PRNs) in an open or closed CPI and/or CPS case in IMPACT.

Principal (PRN) Match Found

Regardless of whether or not a case has a CSCAL designation in IMPACT, if the people named in the Texas Department of Public Safety CSCAL are listed as PRNs in any open or closed CPI or CPS case, the intake specialist:

  • Tells law enforcement that he or she will immediately contact the local CPI office to relay the information.
  • Requests law enforcement stay with the principals and wait for contact from the local CPI office. If law enforcement cannot stay or already let the principals go, the procedures for the intake specialist are the same.
  • Uses the table below to complete the report.

If:

And:

Then the intake specialist:

There are no new allegations.

The case is open.

  • Completes an I&R to Existing CPI and/or CPS Case.
  • Selects the CSCAL Disaster Relief option.
  • Calls out the report to the county where the principals are located. (This may not be the same county as the CPI or CPS case in IMPACT.)
  • Assigns the report to the CPI staff contacted.

There are no new allegations.

The case is closed.

  • Using the current date, duplicates the most recent intake from the case with a CSCAL designation by copying the reporter information, allegations, and narrative.
  • Assesses a Priority 1.
  • Selects the CSCAL Disaster Relief option.
  • Documents “P1 per CSCAL procedures” in the Assessment/History section of the narrative.
  • Calls out the report to the county where the principals are located. This may not be the same county as the CPI or CPS case in IMPACT.
  • Assigns the report to the field staff contacted.
  • Completes an additional I&R to Existing CPI or CPS Case. This I&R documents the report that led to the new CSCAL intake. The existing CPI or CPS case is the duplicated case that is now open.
  • Auto-assigns the I&R to the field.
  • Provides the Report ID number for the I&R to the reporter.

There are new allegations.

The case is open or closed.

  • Completes a CPI intake.
  • Documents all applicable allegations.
  • Assesses a Priority 1.
  • Selects the CSCAL Disaster Relief option.
  • Documents “P1 per CSCAL procedures.” in the Assessment/History section of the narrative.
  • Calls out the report to the county where the principals are located.
  • Assigns the report to the field staff contacted.

CSCAL Reported by LE: No Match Found or Collateral (COL) Match Only

During the search, the intake specialist may not find a person search match or may find that the person being searched is only a collateral (COL) in the CSCAL designated case. When this happens, the intake specialist selects the CSCAL Disaster Relief option, but otherwise assesses and prioritizes the current information according to standard procedures.

4612.2 CSCAL Discovered During Routine History Search

SWI Policy and Procedures December 2020

A CSCAL designation may be discovered when an intake specialist performs a routine history search. The intake specialist determines whether any people in the current report are principals (PRNs) in the case with the CSCAL designation.

Principal (PRN) Match Found

When a routine history search reveals that people in a current report are PRNs in a DFPS case with a CSCAL designation, the intake specialist uses the table below to complete the report. This applies even when the family’s current location is out of state.

If:

And:

Then the intake specialist:

There are no new allegations.

The case is open.

  • Completes an I&R to Existing CPI and/or CPS Case.
  • Documents “CSCAL designation found in case history” in the Assessment/History section of the narrative.
  • Manually assigns the I&R to the Immediate Call-Out workload.

There are no new allegations.

The case is closed.

  • Using the current date, duplicates the most recent intake from the case with a CSCAL designation by copying the reporter information, allegations, and narrative.
  • Assesses a Priority 1.
  • Documents “CSCAL designation found in case history” in the Assessment/History section of the narrative.
  • Auto-assigns the intake to the field.
  • Completes an additional I&R to Existing CPI and/or CPS Case. This I&R documents the report that led to the CSCAL case. The existing CPI or CPS case is the duplicated case that is now open.
  • Auto-assigns the I&R to the field.
  • Provides the Report ID number for the I&R to the reporter.

There are new allegations.

The case is open or closed.

  • Completes a CPI intake.
  • Documents all applicable allegations.
  • Assesses a Priority 1.
  • Documents “CSCAL designation found in case history” in the Assessment/History section of the narrative.
  • Auto-assigns the intake.

Principal (PRN) Match Found/No Locating

The intake specialist processes the report as an I&R most applicable to the situation if the reporter could not provide current locating information, even when there are new allegations, and whether the previous case is currently open or closed.

In this situation, SWI does not generate a CRSR because CPI staff has already exhausted all other methods for locating the family.

Collateral (COL) Match Found

When a routine history search reveals that the person being searched is only a collateral (COL) in a CSCAL designated case the intake specialist:

  • Does not follow CSCAL procedures.
  • Assesses and prioritizes the current information according to standard procedures.

4613 HHSC Unable to Locate Parent or Guardian of a Child in an ICF/ID or Nursing Facility

SWI Policy and Procedures December 2020

Health and Human Services Commission (HHSC) staff sends a referral to the SWI QAUNIT mailbox (“DFPS QAUNIT“) when either of the following are true:

  • An intermediate care facility has been unable to locate a parent or guardian for individuals with an intellectual disability (ICF/IID) or related condition for a full year.
  • A nursing facility is unable to locate a resident child’s parent or guardian for a full year.

In these cases, the intake specialist:

  • Completes a Priority 2 (P2) intake with an allegation of abandonment (ABAN).
  • Lists the HHSC staff submitting the referral as the reporter and
  • Documents in the narrative that the referral is in accordance with Government Code §531.165.
  • Auto-assigns the report to the parent or guardian’s last known county of residence.
  • Assigns to the county where the long-term facility is located if HHSC is unable to provide the parent or guardian’s last known county of residence.
  • Emails the routing coordinator (RC).
  • Forwards the attachments completed and sent by HHSC (DFPS Diligent Search Form 2277 and HHSC checklist for Parent/Guardian Search) to the CPS routing coordinator of the region to which the P2 was sent.

4614 Limited Locating Information

SWI Policy and Procedures December 2020

When a reporter has limited locating information, the intake specialist must ask the reporter if he or she has any of the following information:

  • Directions to the home.
  • A post office box or rural route address (even if directions are not known).
  • The name, address, or other locating information for the child’s school or day care.
  • The name, address, or other locating information for the work places of the household members.
  • The current location of the child or household members, if the location is different than the residence or if the residence is unknown (The intake specialist must obtain specific dates and times when the client, child, or household member is at this location.)
  • A Texas license plate number that is registered to a valid address.
  • The names and contact information for any principal and collateral sources, including the alleged perpetrator, who may know the address or location of the child or family.

If Any Information Is Obtained

SWI has sufficient locating information to generate an intake if the intake specialist can:

  • Obtain any of the above information from the reporter.
  • Find any of the information through IMPACT, TIERS, or an internet search.

If any of the above information is known, even without an exact address, the intake specialist:

  • Documents the information thoroughly.
  • Prioritizes and processes the intake following normal procedures based on allegations and safety threats.

4615 Not Enough Locating Information for a CPI Intake

SWI Policy and Procedures December 2020

Sometimes, the reporter is unable to provide sufficient locating information to process an intake. When this occurs, the intake specialist:

  • Searches in IMPACT and the internet.
  • Contacts support staff via instant message to request a license plate search if that is the only information available.

See 2490 License Plate Searches.

The intake specialist assesses the information as an I&R Clearly not reportable—re: children if the following are true:

  • There is no locating information.
  • The name of the adult alleged perpetrator or an adult household member of the victim or alleged perpetrator is unknown.
4615.1 Requesting a TIERS Search

SWI Policy and Procedures December 2020

The intake specialist contacts support staff via instant message and requests a TIERS search when:

  • There is not enough locating information to process an intake regarding a child.
  • The family lives in Texas.
  • He or she has obtained the first and last name of one of the following sources:
    • An adult alleged perpetrator.
    • A child victim.
    • Any adult or child household member of the victim or alleged perpetrator.

See 2480 Texas Integrated Eligibility Redesign System (TIERS) Searches.

The intake specialist provides all information requested by support staff, as well as the Report ID number.

Successful TIERS Search

If the search is successful, support staff provides the locating information to the intake specialist and the intake specialist completes the intake.

Unsuccessful TIERS Search

If the search is unsuccessful, support staff requests assistance from FINDRS, an investigative unit within DFPS, and notifies the intake specialist. Then, the intake specialist assesses a CRSR Req Local Public Svc and submits it to the Supervisor Review workload.

4615.2 Processing a CRSR Generated Due to a Lack of Locating Information

SWI Policy and Procedures December 2020

Before completing a CRSR due to a lack of locating information, the intake specialist follows the steps outlined in 2480 Texas Integrated Eligibility Redesign System (TIERS) Searches.

The intake specialist:

  • Completes the Report Information page, including the reporter details and case name. A county must be documented for the person chosen as the case name. Because the county is unknown, the intake specialist documents:
    • “Travis County” as the county.
    • Other as the Address Type.
  • Submits the CRSR to the Supervisor Approval workload.
  • Notifies the supervisor that a CRSR was submitted to the Supervisor Approval workload.

The supervisor then does the following:

  • Closes the CRSR and selects the reason, “Services Completed.”
  • Sends the Support Staff CRSR Notification template with the Report ID number to the designated SWI support staff member, notifying that staff member that the CRSR requires action.

Support staff sends the information to FINDRS to request assistance in obtaining locating information.

Successful FINDRS Search

If locating information is received from FINDRS, Management assigns correspondence to an intake specialist per normal procedures. The correspondence with the new locating information contains the original case number, allowing the intake specialist to retrieve the information from IMPACT and re-enter it.

Unsuccessful FINDRS Search

If FINDRS is unable to obtain locating information, FINDRS notifies support staff, and Workforce Management assigns the correspondence to an intake specialist so he or she can complete an I&R CNR - Children.

4620 Methamphetamine Labs

SWI Policy and Procedures December 2020

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

Prioritization

When a law enforcement official or 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 completes a Priority 1 intake.

When a reporter other than law enforcement reports suspicion that methamphetamines are being 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.
  • Whether the children have access to the chemicals or processing equipment.

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

If the reporter 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, the intake specialist:

  • Marks the Special Handling check box.
  • Documents brief comments, such as the location of the lab, in the Special Handling section on the Intake Actions page.
  • Enters the details in the narrative, rather than in the Comment box.

See 2660 Special Handling.

4630 Child Fatality

SWI Policy and Procedures December 2020

Any report of a child fatality requires the intake specialist to consult with a supervisor, worker V, or acting supervisor. Intake specialists who are acting supervisors do not have to consult on child fatality reports, but may do so, if needed.

When an intake is assessed, the staffing supervisor, worker V, or acting supervisor:

  • Consults the Child Death Report Notification guidelines.
  • Completes notification if required.

See 4631 Death of a Child Not in DFPS Conservatorship.

4631 Death of a Child Not in DFPS Conservatorship

4631.1 Assessing the Death of a Child Not in DFPS Conservatorship

SWI Policy and Procedures December 2020

Priority 1 (P1)

The intake specialist completes a P1 intake when all the following conditions are met:

  • The situation falls under CPI jurisdiction to investigate.
  • The child death has not already been investigated by CPI.
  • Any of the following scenarios applies:
    • It is alleged or suspected that abuse or neglect was a contributing factor to the death.
    • It is unclear whether abuse or neglect contributed to the child’s death (this includes when the cause of death is unknown).
    • A child was found unresponsive and an autopsy has not yet been performed.
    • A child dies by suicide, and the reason for the suicide is unknown.

Note: The intake specialist assigns a P1 regardless of how much time has passed since the death, and regardless of whether other children are in the home.

Priority N (PN)

The intake specialist completes a PN, Child Death/Incident Previously Investigated intake when all of the following are true:

  • The situation falls under CPI jurisdiction to investigate.
  • There are no other allegations pertaining to other children in the home.
  • The child’s death has already been investigated and dispositioned by CPI.

Note: A PN is taken regardless of how much time that has passed since the death occurred.

This PN code is not to be used when:

  • A child died, and the cause of death was determined to be a result of natural causes. This would be assessed as an I&R.
  • The situation does not fall under CPI jurisdiction to investigate.
  • New allegations rise to the level of an intake that involve children currently in the home. In this instance:
    • The assessment is based on the current situation.
    • The details of the child death are included in the narrative.

Role Documentation for P1 and PN Child Death Intakes

The intake specialist does the following:

  • Lists the deceased child as the oldest victim (OV) if no other children in the household are alleged victims.
  • Lists oldest child, living or deceased, as the OV if other children in the household are alleged victims.
  • Documents parent’s role as unknown (UNK) when both of the following are true:
    • There are allegations of abuse or neglect.
    • The parent’s role in the death is unclear.
  • Documents the caregiver’s role as UNK when it is unknown whether abuse or neglect contributed to the death.

Information and Referral (I&R)

The intake specialist completes an I&R in the following cases:

  • The situation does not fall under DFPS jurisdiction to investigate.
  • It is clear that abuse or neglect was not a contributing factor to the child’s death, and no other allegations pertain to other children in the home.

The type of I&R assessed depends on the circumstances of the situation being reported.

4631.2 New Allegations after Child Death Investigation is Closed

SWI Policy and Procedures December 2020

If the child’s 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 CPI intake.
  • Assesses a priority based on the current safety threats to children in the household. He or she:
    • Does not include the deceased child on the person list.
    • Documents information about the deceased child in the narrative.
    • Assesses information based on the safety of the remaining children.
4631.3 Current Abuse or Neglect Allegation That Includes Vague Child Death Information

SWI Policy and Procedures December 2020

When a reporter provides information involving current allegations of abuse or neglect, and mentions a child died in the past, but the reporter has no direct knowledge that abuse or neglect contributed to the death, the intake specialist does all of the following:

  • Completes an intake based on the current allegations.
  • Does not include the deceased child on the person list.
  • Documents the information regarding the child death in the narrative.
  • Assesses the priority based on the current allegations.

4632 Death of a Child While in DFPS Conservatorship

4632.1 Assessing the Death of a Child in DFPS Conservatorship

SWI Policy and Procedures December 2020

Children who are in DFPS conservatorship often reside in placements that fall under the jurisdiction of programs within various state agencies. Each of these programs assesses child deaths differently. Before completing a report, the intake specialist must determine the placement type.

Notifying the Local CPS Office of the Death of a Child in DFPS Conservatorship

Regardless of which agency or DFPS program has jurisdiction to investigate, SWI notifies the DFPS office in the county that has conservatorship of the child who has died.

In most instances, this notification is made by completing an I&R to the open CPS case. See 4561.11 Situations That Always Require an I&R to Existing CPS Case.

If CPI has jurisdiction to investigate the child’s death, the intake serves as the notification in lieu of the I&R to the open case.

See:

4561 Children in DFPS Conservatorship

2686 Documenting the Call-Out

4632.2 Death of a Child in DFPS Conservatorship in an Unlicensed Placement

SWI Policy and Procedures December 2020

If at the time of death, the child was residing in a placement that does not require licensure and there has not been a CPI investigation of the death, a P1 intake for CPI is assessed. The assessment occurs even if there are no clear allegations of abuse or neglect by the caregivers that may have contributed to the death of the child.

Unlicensed placements may include any of the following:

  • A child who lived in an unlicensed kinship placement.
  • A child who lived in the child’s own home.
  • A child who was on runaway status, with no licensed placement listing in IMPACT.
  • A child who died while hospitalized in a medical facility, and the hospital was listed in IMPACT as the child’s placement at the time of death.

When there are no clear allegations of abuse or neglect that contributed to the child’s death, the intake specialist completes the intake with all of the following information:

  • The allegation most applicable to the situation.
  • No perpetrator designated on the person list.
  • The alleged perpetrator for the allegation on the Intake Actions page left blank.

If the county of conservatorship is different than the county responsible for the investigation, the intake specialist also generates an I&R to the CPS open sub care case.

4632.3 Death of a Child in DFPS Conservatorship in a Texas Juvenile Justice Department (TJJD) Placement

SWI Policy and Procedures December 2020

When a child who is in DFPS conservatorship dies in a Texas Juvenile Justice Department (TJJD) placement, the intake specialist takes certain actions. He or she refers the reporter to the administration of the TJJD facility and to the appropriate law enforcement agency.

The intake specialist completes all of the following three I&Rs:

4632.4 Death of a Child in DFPS Conservatorship in a Nursing Home

SWI Policy and Procedures December 2020

When a child who is in DFPS conservatorship dies in a nursing home, the intake specialist refers the reporter to HHSC and to the appropriate law enforcement agency that has jurisdiction.

The intake specialist completes all of the following three I&Rs:

4632.5 Death of a Child in DFPS Conservatorship in a Facility under the Jurisdiction of CCI

SWI Policy and Procedures December 2020

When a child who is in DFPS conservatorship dies in a licensed child care facility (either DCR or RCCR), see:

8720 Child Death in a DCR Operation

9760 A Child’s Death in a RCCR Operation

4632.6 Death of a Child in DFPS Conservatorship in a Facility under the Jurisdiction of APS Provider Investigations

SWI Policy and Procedures December 2020

When a child who is in DFPS conservatorship dies in a facility under the jurisdiction of Provider Investigations, see:

6760 Death of a Client

6720 Reports Involving Children in DFPS Conservatorship

7620 Reports Involving Children in DFPS Conservatorship

7650 Death of a Client

4640 Forced or Coerced Marriage

SWI Policy and Procedures December 2020

Forced or coerced marriage abuse is when someone forces or coerces a child to get married or to marry a specific person.

Texas Family Code §261.001(1)(M)

When SWI receives information that a caregiver is forcing or coercing a child into marriage against the child’s will, the intake specialist completes an intake. The allegation is dependent upon the circumstances. 

When the situation clearly meets intake criteria for an existing allegation, the intake specialist assigns that allegation. For example:

  • If a caregiver threatens to cause substantial physical harm to a child if the child does not marry, an intake for Physical Abuse (PHAB) is appropriate.
  • If a child experiences observable emotional harm as a result of being forced or coerced into marriage, an intake for Emotional Abuse (EMAB) is appropriate.

When the situation does not clearly fall under any of the existing allegation types, the intake specialist defaults to an allegation of Neglectful Supervision (NSUP).

When the Marriage Has Already Occurred

Once a child enters into a legal marriage, the child is emancipated, and DFPS no longer has jurisdiction to investigate. However, when assessing claims of forced or coerced marriage, SWI is not responsible for determining whether the child has entered into a legal marriage. When an alleged incident of forced or coerced marriage has already occurred, the intake specialist completes an intake and assigns the most appropriate allegation. CPI will determine whether the marriage is legally valid.

4700 Special Program or Agency Jurisdictional Topics

SWI Policy and Procedures December 2020

The following sections describe how to handle complex jurisdictional issues for CPI and CPS.

4710 Incidents Involving Abuse or Neglect Out of State

SWI Policy and Procedures December 2020

When SWI receives a report involving an out-of-state person or event, the intake specialist considers the following to determine whether to create an intake:

  • Whether the child lives in Texas.
  • Where the child currently is.
  • Whether the alleged perpetrator (AP) lives in Texas.
  • Where the incident occurred.

See 4713.1 CPS Out-of-State Table for guidelines on whether SWI sends a report to Texas CPI or to another state’s protective service agency.

4711 Request for Home Visits or Courtesy Interviews from Out of State Caseworker

SWI Policy and Procedures December 2020

The intake specialist creates a case-related special request (CRSR) of the type Request – Out of State when both of the following occur:

  • A caseworker from another state’s protective service agency contacts SWI about a case that the out-of-state agency is investigating.
  • The caseworker requests that Texas DFPS staff do a courtesy interview or a home visit with people currently in Texas.

In these situations, the intake specialist does not create an intake for Texas CPI because another state’s protective service agency is already addressing the allegations.

See 4800 CPI Case-Related Special Requests.

Exception

The intake specialist creates an intake instead of a CRSR if the out-of-state caseworker also makes allegations of abuse or neglect occurring in Texas.

4712 Unaccompanied Alien Child (UAC)

SWI Policy and Procedures December 2020

See 4750 Investigational Jurisdiction of Unaccompanied Alien Children.

4713 Incidents, Victims, or Perpetrators Out of State

4713.1 CPS Out-of-State Table

SWI Policy and Procedures December 2020

The intake specialist uses the table below to determine what to do when a report involving people who live out of state rises to the level of abuse or neglect, as determined by Texas assessment standards.

The table shows the following factors:

  • Child’s primary residence: Where the child mainly lives. A child’s residence is usually the same as the child’s parent’s or managing conservator’s residence.
  • Child’s current location: Where the child is at the time of the report. If the child is traveling from one place to another, the intake specialist uses the child’s destination as the child’s location, for the purposes of this table.
  • AP’s primary residence: Where the alleged perpetrator mainly lives.
  • Where the incident occurred: Where the abuse or neglect happened. If it happened both in Texas and somewhere else, the intake specialist uses “In Texas” for where the incident occurred, for the purposes of this table.

There are only two options for each of these factors:

  • In Texas: anywhere inside the state of Texas.
  • Out of state: anywhere outside Texas, including other states and also outside the United States.
CPS Out of State Table

Child’s Primary Residence

Child’s Current Location

AP’s Primary Residence

Where Incident Occurred

SWI Action

Reasons for Action

In Texas

In Texas

In Texas

Out of state

Intake to county where child lives.

Child’s primary residence is in Texas.

In Texas

In Texas

Out of state

In Texas or out of state

Intake to county where child lives.

Child’s primary residence is in Texas.

In Texas

Out of state

In Texas

In Texas or out of state

Intake to county where child lives.

Child’s primary residence is in Texas, and child may be at risk if he or she returns to Texas where AP lives.

In Texas

Out of state

Out of state

In Texas or out of state

Intake to county where child lives.

Child’s primary residence is in Texas.

Out of state

In Texas

In Texas

In Texas or out of state

Intake to county where child is located.

AP lives in Texas, and child is currently in Texas.

Out of state

In Texas

Out of state

In Texas

Intake to county where child is located.

Incident occurred in Texas, and child is currently in Texas.

Out of state

Out of state

In Texas

In Texas

Intake to county where AP lives.

Incident occurred in Texas, and AP lives in Texas.

Out of state

In Texas

Out of state

Out of state

I&R

Protective Matter Ref’d On

Incident occurred out of state, and child is not a Texas resident and is currently away from the AP’s residence.

No Texas CPS action unless other state’s protective service agency requests it.

Out of state

Out of state

In Texas

Out of state

I&R

Protective Matter Ref’d On

Incident occurred out of state, and child is not a Texas resident and is currently away from the AP’s residence.

No Texas CPS action unless other state’s protective service agency requests it.

Out of state

Out of state

Out of state

Out of state

I&R

Protective Matter Ref’d On

AP and child both live out of state, and child is not currently in Texas.

No Texas CPS action unless other state’s protective service agency requests it.

Out of state

Out of state

Out of state

In Texas

Two I&Rs

Protective Matter Ref’d On

and

Non-FPS Criminal Matter Referred to Law

(FPS: family and protective services)

AP and child both live out of state, and child is not currently in Texas.

No Texas CPS action unless other state’s protective service agency requests it.

Texas law enforcement has jurisdiction.

When the child resides in another state, the I&R Protective Matter Ref’d On is faxed to the other state’s child protective agency. When the child resides in Mexico, the I&R Protective Matter Ref’d On is assigned to the appropriate DIF border contact. (See 4716 Child Resides in Mexico.) The DIF (Desarrollo Integral de la Familia) is the Mexican equivalent of Child Protective Investigations and Services.

4713.2 Procedures for Out of State Situations
4713.21 Referring a Reporter to Another State’s CPS

SWI Policy and Procedures December 2020

Based on guidelines in 4713 Incidents, Victims, or Perpetrators Out of State, the intake specialist may assess that the situation needs to be reported to another state’s CPI. If so, the intake specialist asks the reporter to contact the other state’s CPI. If the reporter agrees, the intake specialist provides the reporter with the phone number to that state’s CPI and documents the information as an I&R Protective Matter Ref’d On that is closed.

See:

3000 Information & Referral (I & R) Reports

3171 Non-FPS Criminal Matter Referred to Law

3510 Reports for Other Agencies

3300 Processing I&Rs

4713.22 Generating an I&R to be Faxed to Another State’s CPS

SWI Policy and Procedures January 2021

The intake specialist completes an I&R Protective Matter Ref’d On to be faxed to the other state, when the report meets guidelines for investigation as determined by Texas assessment standards, and any of the following are true:

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

In these situations, the report is either auto-assigned or manually assigned to the Faxing workload. Support staff facilitate faxing the report to another state’s CPS.

See:

3174 Matter Referred On

3300 Processing I & Rs

4714 Both in Texas and Out of State

SWI Policy and Procedures December 2020

If incidents of abuse or neglect occurred to the same child in both Texas and another state, the intake specialist uses the table in 4713.1 CPS Out-of-State Table 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 4714.1 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:

2630 County

4410 Case Name

The local CPI office is responsible for contacting another state’s CPI if needed (such as a request for a courtesy interview or referral of the case to the other state’s CPI 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.

4714.1 Texas CPS Intake and Additional Children at Risk in Another State

SWI Policy and Procedures December 2020

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 CPI intake narrative that the reporter agreed to call the other state’s CPS about the children living in that state and follows standard CPI intake processing procedures.

If the reporter is unwilling or unable to contact the other state’s CPS or the report is received via fax, mail, or internet.

See.

3510 Reports for Other Agencies

3300 Processing I & Rs

4715 When Another Country Has Authority to Investigate

SWI Policy and Procedures December 2020

SWI cannot 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.

4716 Child Resides in Mexico

SWI Policy and Procedures December 2020

Regions 6, 10, and 11 have CPI and CPS staff who facilitate communication between CPS and DIF (Desarrollo Integral de la Familia), the Mexican equivalent of Child Protective Investigations and Services. Reports are assigned to these border contacts based on the child’s state of residency in Mexico. It is important to obtain the child’s address in Mexico to ensure the report is assigned to the correct border contact. The Assignment Charts list contact information as well as which Mexican states each DIF border agent covers.

When an intake specialist receives a report of abuse or neglect, as determined by Texas assessment standards, and the child resides in Mexico, the intake specialist refers to the 4713.1 CPS Out-of-State Table to determine whether a report for Texas is appropriate or if the report needs to be referred to Mexico.

When generating a report for Texas, the intake is assigned to the appropriate county in Texas.

When referring the matter to Mexico, the intake specialist takes these steps:

  • Documents the information as an Information and Referral (I&R) type Protective Matter – Referred On.
  • Assigns the report to the DIF border contact designated for the child’s Mexican state of residency.
  • Calls the DIF border contact to notify them of the assignment (It is acceptable to leave a voice message.).

If the child’s address in Mexico is unknown at the time of intake, the intake specialist chooses any one of the three DIF border contacts and follows the steps outlined above.

When the only information reported is regarding a child that resides in Mexico, and the information does not meet Texas assessment standards, the intake specialist completes an I&R that is most appropriate to the situation.

Regardless of whether there are reportable allegations of abuse or neglect, when a professional is requesting CPS assistance regarding a child that resides in Mexico, the intake specialist does the following:

  • Completes a CRSR – Request for Local Public Serviceinstead of an I&R.
  • Assigns the report to the DIF border contact designated for the child’s Mexican state of residency.
  • Calls the DIF border contact to notify them of the assignment (It is acceptable to leave a voice message.).

See 4820 Types of Case-Related Special Requests (CRSRs) Entered by SWI.

4720 Determining CPI or RCCI Jurisdiction for a Child in Relative or Fictive Kin Placement

SWI Policy and Procedures December 2020

A child in DFPS conservatorship may be placed with a relative or fictive kin (close family friends, which may include 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 jurisdiction may fall under either CPI or RCCI, depending on whether the home is licensed or verified.

Regardless of whether an intake is generated for CPI or RCCI, an I & R is also sent to the open subcare case.

4721 If the Placement is Verified by a Licensed CPA

SWI Policy and Procedures December 2020

If the relative or fictive kin placement is a verified foster home, the intake specialist assesses for an intake to RCCI.

See:

8000 Day Care Investigations (DCI) and HHS Day Care Regulation (DCR)

9000 Residential Child Care Investigations (RCCI) and HHS Residential Child Care Regulation (RCCR)

4722 If the Placement is NOT Verified by a Licensed CPA

SWI Policy and Procedures December 2020

If the relative or fictive kin placement is not verified, the intake specialist assesses for an intake to CPI. If allegations are against the relative, fictive kin, or someone else in the home, the relative or fictive kin is the case name. Otherwise, the case name is the same as the child’s open CPS case. 

If the intake is a P1, it is assigned to the county where the child is located at the time of intake. Otherwise, the intake is assigned to the county associated with the case name.

In addition to the CPI intake, an I & R is also sent to the open sub care case.

4730 Child Living With Non-Related Caregiver

SWI Policy and Procedures December 2020

When a child is staying with, but not legally placed with, a non-related caregiver, the intake specialist must determine whether RCCI or CPI has jurisdiction. 

RCCI Jurisdiction

Homes verified by RCCR are found in IMPACT Resources, so a search of Resources is the first step to make the determination.  If the home is not found in Resources, the intake specialist considers all of the following to determine if the caregiver may be operating an illegal operation, which still falls under RCCI jurisdiction:

  • More than one non-related child or sibling group is residing with the caregiver.
  • The caregiver is receiving compensation for the care of the non-related children.
  • There is not a written agreement between the parent and caregiver regarding the care of the child.

See:

HRC §42.041(20)

9000 Residential Child Care Investigations (RCCI) and HHS Residential Child Care Regulation (RCCR)

Often the reporter is unable to provide this level of detail about the arrangements for children in DFPS conservatorship. If the details are unknown or appear to be close to the criteria above, the intake specialist completes one of the following:

  • An intake for RCCI if the information meets the guidelines for abuse, neglect, or exploitation.
  • An I&R RCCL Standards Compliance if the information does not meet the guidelines for abuse, neglect, or exploitation.

CPI Jurisdiction

If the above factors cannot be established, the intake specialist assesses for an intake for CPI. If a CPI intake is warranted, the intake is assigned to the county where the managing conservator (MC) resides, whether or not any of the following are true:

  • There are plans for the child to return to the managing conservator (MC).
  • The non-related caregiver is no longer willing to care for the child.

The case name is the name of the MC.

The intake specialist assigns the intake to the DFPS office responsible for the county where the child is currently located in the following cases:

  • An immediate response is necessary.
  • The report is a P1.
  • The county of residence is not within a reasonable distance (50 miles or less) from the child’s current location.

Information and Referral (I&R)

When the intake specialist is unable to establish RCCR jurisdiction and the information does not meet criteria for a CPI intake, the intake specialist processes the report as the I&R type most appropriate to the situation.

4740 Other Unrelated Caregivers

4741 Care Provided in the Child’s Home

SWI Policy and Procedures December 2020

Occasional Care inside the Child’s Home

If allegations of abuse or neglect of a child focus on 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, Non-FPS Criminal Matter Referred to Law. The In Regards To is in the name of the caregiver.
  • If it is alleged that the parent is not protective, the intake specialist assesses whether an intake for CPI with the parent as the alleged perpetrator of NSUP is appropriate.

Ongoing Care inside the Child’s Home

If allegations of abuse or neglect focus on a person who provides care on an ongoing basis in the child’s home, the intake specialist completes an intake for CPI. The intake is in the name of the parent, with the caregiver as the alleged perpetrator and relationship as Babysitter (BA). An intake is processed regardless of whether the parent is protective.

If the parent does not appear to be protective, the intake specialist assesses whether the parent should also be listed as an alleged perpetrator. Because the caregiver is not subject to licensure by Child Day Care Regulation (CDCR), the report is sent only to CPI.

If safety issues involve the caregiver’s own children, the intake specialist assesses a separate CPI report on the caregiver’s household.

Specialized Ongoing Care inside the Child’s Home (Medically Dependent Children)

Children with medical conditions that rise to the level of care requirements for nursing home admittance but who live at home may receive services from a home and community support services agency (HCSSA). These agencies include, but may not be limited to the following:

  • Youth Empowerment Services (YES)
  • STAR Kids (Medically Dependent Children Program)
  • Community Living Assistance and Support Services (CLASS)
  • Deaf Blind with Multiple Disabilities (DBMD)
  • Home and Community-based Services (HCS); or
  • Texas Home Living (TxHML)

Provider Investigations (PI) has jurisdiction to investigate allegations of abuse, neglect, and exploitation perpetrated by a provider of these services.

The intake specialist also assesses the parent’s role to determine whether the parent is protective. If it is alleged that the parent is not protective, the intake specialist assesses whether an intake for CPI with the parent as the alleged perpetrator is appropriate.

4742 Care Provided Outside of a Child’s Home

SWI Policy and Procedures December 2020

If allegations of abuse or neglect of a child focus on an unrelated person providing less than 24-hour-a-day care outside the child’s home, the intake specialist determines whether the caregiver is subject to regulation by DCR.

See:

8710 Determining Whether Child Care Provided in the Caregiver’s Home is Subject to Regulation by DCR

8130 Unregulated Day Care Operations

If the caregiver is subject to licensure by DCR, whether licensed or not, the intake specialist assesses for a report for DCI.

If the caregiver is not subject to licensure by DCR, the intake specialist assesses an I&R Non-FPS Criminal Matter.

See 3171 Non-FPS Criminal Matter Referred to Law.

In either situation (subject to regulation or not), the intake specialist also assesses the parent’s role to determine whether the parent is protective. If it is alleged that the parent is not protective, the intake specialist assesses whether an intake for CPI with the parent as the alleged perpetrator is appropriate.

4743 Parents and Child Care Provider Both Possible Perpetrators

SWI Policy and Procedures December 2020

When there are allegations of abuse or neglect, but it is not known whether the perpetrator is the parent or child care provider subject to licensure by Day Care Regulation (DCR), the intake specialist assesses for CPI and DCI intakes.

When determining whether dual intakes are needed, the intake specialist considers the following factors:

  • Whether information indicates where the incident occurred or who was caring for the child when the injury occurred.
  • Whether there is conflicting information about where the incident occurred.
  • If 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 severity of the abuse, neglect, or exploitation.

See:

8000 Day Care Investigations (DCI) and HHS Day Care Regulation (DCR)

9000 Residential Child Care Investigations (RCCI) and HHS Residential Child Care Regulation (RCCR)

4750 Investigational Jurisdiction of Unaccompanied Alien Children

SWI Policy and Procedures December 2020

An undocumented 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.

SWI has specific procedures for situations involving a child who has entered the United States illegally without a parent or caregiver.

See 4716 Child Resides in Mexico.

4751 Unaccompanied Alien Child in Federal Custody

SWI Policy and Procedures December 2020

When assessing a report of abuse or neglect involving a UAC, the agency with jurisdiction generally depends on the alleged perpetrator’s relationship to the child. The table below helps intake specialists with these assessments.

UACs are usually housed in federal shelters, although some facilities and foster homes licensed by Residential Child Care Regulation (RCCR) also accept UACs as placements under contracts with the federal government.

4752 Unaccompanied Alien Child Living with a Sponsor

SWI Policy and Procedures December 2020

UACs are housed in federal shelters or RCCR 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 CPI.

If a UAC who was placed with a sponsor is reported to have run away, an I&R, Non-FPS Criminal Matter Referred to Law is processed and sent to local law enforcement.

4753 Table for Investigational Jurisdiction of Abuse, Neglect or Exploitation of UAC

SWI Policy and Procedures December 2020

Relationship of AP to UAC

Assessment

Federal Border Patrol Employee

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.”

Family or Household Member in Home Country

CPI PN (Past A/N)

Employee of Federal Shelter, not subject to state licensure or monitoring

Refer the reporter to the Office of Refugee Resettlement (ORR) hotline at (800) 203-7001.

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.”

RCCR Facility Employee

RCCI intake or I&R RCL Standards Compliance

Placed by ORR with UAC’s Sponsor in Texas

CPI P1, P2, or PN

When law enforcement of any kind requests CPI 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 CPI intake has already been assessed. These situations most often require a call-out to CPI.

4754 Tracking Reports Involving Unaccompanied Alien Children

SWI Policy and Procedures December 2020

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 Code “Unaccomp Child Xing Border” is used whether or not the child is in federal custody.

4800 CPI Case-Related Special Requests

SWI Policy and Procedures December 2020

The intake specialist processes s Case-Related Special Request when there are no allegations of abuse or neglect but CPI assistance is still needed.

4810 Requirements for CRSRs

SWI Policy and Procedures December 2020

Person List

The intake specialist obtains and documents the following information on the Call Person Detail page for all individuals involved in the report:

  • Identifying Information: first and last name, Rel/Int, DOB (or age, if DOB is unknown), SSN, gender, language, race and ethnicity.
  • Person Type can be PRN or COL
  • Role is always NO
  • Rel/Int for the child or adult of interest is Self
  • Locating Information: an address, phone number, or other locating information (if there is no address and phone number) for all individuals involved.

Person searches are performed on all PRNs on the person list.

Narrative

The intake specialist documents in the narrative all other information regarding the request for assistance. This should include the following:

  • Additional locating and contact information for those involved.
  • Dates, times, and location of court hearings.
  • Any deadlines for the requester.
  • Any other details that might be pertinent to the caseworker handling the request.

4820 Types of Case-Related Special Requests (CRSRs) Entered by SWI

SWI Policy and Procedures December 2020

Although there are many CRSR types, SWI uses only a select few. Below are described the specific types used by SWI.

4821 CRSR – Request for Local Public Service (C-PB)

SWI Policy and Procedures December 2020

A C-PB (also known as PBS) is a request from a professional for CPI assistance that does not involve allegations of abuse, neglect, or exploitation. Most CRSRs taken by SWI are C-PB requests.

See:

2721 Law Enforcement Requests to Speak to Field Staff

4615 Not Enough Locating Information for a CPI Intake

3460 Field Staff Requests Help from Other Field Staff

4615.2 Processing a CRSR Generated Due to a Lack of Locating Information

4563 Youth in the Custody of the Texas Juvenile Justice Department (TJJD)

4510 Pregnancy and Newborns

4824 CRSR - Protective Service Alert (C-SA)

4562.2 Children Placed in a Shelter by Law Enforcement

4561.14 Youth Has a Baby While in Conservatorship

4825 CRSR - Return to Care (C-RC)

4716 Child Resides in Mexico

4822 CRSR – Out of State (C-OS)

SWI Policy and Procedures December 2020

A Request – Out of State usually involves a request from a professional in another state for a courtesy interview with a person in Texas. The intake specialist enters a CRSR. Request – Out of State when the following are true:

  • A professional from another state contacts SWI regarding a case that is being investigated in that state.
  • The professional is requesting a courtesy interview or a home visit with people currently in Texas.

It is not necessary to enter a new intake for CPI in Texas to investigate as the allegations are already being addressed by another protective agency. An intake would only be assessed instead of a CRSR if there were also allegations of abuse or neglect occurring in Texas.

4823 Court-Ordered Request (C-CO)

SWI Policy and Procedures December 2020

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

4824 CRSR – Protective Service Alert (C-SA)

SWI Policy and Procedures April 2021

Protective Service Alerts (PSAs) are notifications from child protective agencies outside Texas. The families referenced in the notifications are under investigation by the other state’s protective services agency but have no known address.

When a PSA is received, the intake specialist searches each family member for history.

Match Found to an Open Case

If a match is found and reveals an open DFPS case, the intake specialist enters the PSA as an I&R to Existing CPS Case. The case is automatically assigned to the routing coordinator.

No Match Found, or Match Found to Closed Case

If no match is found, or the only match that is found is to a closed case, the intake enters the PSA information as a CRSR with the following steps:

  • The person sending the PSA to SWI is the reporter.
  • The Program Type is CPS.
  • The Special Request Type is Protective Service Alert.
  • The intake specialist submits the report for closure.
  • A supervisor completes the closure.

4825 CRSR – Return to Care (C-RC)

SWI Policy and Procedures December 2020

CPS has a Return for Extended Foster Care program for young adults ages 18 to 21 years old who meet all of the following criteria:

  • Have aged out of the CPS foster care system.
  • Desire to return to CPS paid care to participate in DFPS Extended Foster Care.
4825.1 Referring a Young Adult Wishing to Return to Care

SWI Policy and Procedures December 2020

When SWI receives a call regarding a young adult requesting to return to care, the intake specialist does the following:

  • Refers the caller to the regional Preparation for Adult Living (PAL) coordinator in the region where the young adult is currently located.
  • 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 CPS section of the DFPS public website.
  • Documents the call by completing an I&R, Other Business Call.
  • Saves and closes the report.
4825.2 Processing a Report for a Young Adult Wishing to Return to Care

SWI Policy and Procedures December 2020

PAL staff usually enters his or her own Return to Care CRSRs. In rare cases, technical issues arise that require PAL staff to contact SWI to enter the report. In these cases, the intake specialist:

  • Completes a CRSR - Return to Care.
  • Documents the young adult as Self on the person list.
  • Explains the circumstances of the situation in the narrative.
  • Assigns the case to the county where the young adult is currently located.
4825.3 Young Adults Returning To Care Who Have Children of Their Own

SWI Policy and Procedures December 2020

At times, young adults who are returning to care will bring children of their own with them. Though a CPS caseworker normally completes these entries, the intake specialist may need to complete a CRSR –Return to Care for the young adult and a CRSR - Request for Local Public Service for the child.

The Case Name for the child’s CRSR is that of the young adult, who, in this context, would be the parent. When there is more than one child, a separate CRSR is processed for each child, in addition to the CRSR for the young adult.

When there are allegations regarding the child rise to the level of abuse or neglect, the intake specialist completes an intake instead of a CRSR on behalf of the child and a CRSR on behalf of the young adult.

Backdating the CRSR or Intake

When SWI enters either an intake or a CRSR, the intake specialist asks if the report needs to be backdated to ensure proper payment to the placement provider.

See 2865 Completing a Re-Entry.

4826 CRSR – Expedited Background Check (C-EBC)

SWI Policy and Procedures December 2020

These are IMPACT searches and criminal background checks completed to assist CPI and/or CPS staff in determining the appropriateness and safety of voluntary placements. These requests should only be made when the requestor cannot access IMPACT and no other CPI and/or CPS staff is available. This CRSR type is used exclusively by the specialists in the E-Unit assigned to perform these background checks. Once completed, the specialist assigns a CRSR to the DFPS staff who requested the check.

Previous Page Next Page