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4600 Incidents, Victims, or Perpetrators Outside Texas

SWI Policy and Procedures May 2015

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

4610 Procedures for Out-of-State Situations

4611 Referring a Reporter to Another State’s CPS

SWI Policy and Procedures May 2015

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

It is not necessary for the intake specialist to continue to gather information for a report, nor is it necessary for the SWI specialist to fax any information to the other state’s CPS. However, if the intake specialist has already gathered details of the incident and it occurred in Texas, the intake specialist documents an I&R Non-FPS Criminal Matter Ref’d to Law and assigns the I&R to support staff so that it may be faxed to the appropriate Texas law enforcement agency.

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

2323 Information & Referral Types

2761 Reports of Abuse, Neglect, Exploitation, or Death Investigated by Law Enforcement

3600 Processing an Information and Referral (I&R)

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

3930 Call-Out and Assignment Charts

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

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

SWI Policy and Procedures May 2015

There are three specific situations in which the intake specialist assesses an I&R Protective Matter Ref’d On and assigns it to support staff for faxing to another state’s CPS. In these situations, the I&R is sent to another state’s CPS, regardless of whether the information meets Texas’ legal guidelines for a CPS investigation. These situations are:

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

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

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

See:

2323 Information & Referral Types

2761 Reports of Abuse, Neglect, Exploitation, or Death Investigated by Law Enforcement

3600 Processing an Information and Referral (I&R)

4613 When Another Country Has Authority to Investigate

SWI Policy and Procedures May 2015

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

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

4620 Unaccompanied Alien Child (UAC) in Federal Custody

SWI Policy and Procedures May 2015

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

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

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

4621 Tracking Reports Involving Unaccompanied Alien Children

SWI Policy and Procedures May 2015

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

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

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

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

4622 Investigational Jurisdiction of Unaccompanied Alien Children

SWI Policy and Procedures May 2015

Undetected Unaccompanied Alien Children

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

Unaccompanied Alien Child In Federal Custody

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

Tracking Unaccompanied Alien Children

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

UAC Location

Scenario

Assessment

Federal Border Patrol

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

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

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

Federal Border Patrol

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

CPS PN (Past A/N)

Federal Border Patrol

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

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

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

and

CPS PN (Past A/N)

Federal Shelter (such as Lackland Air Force Base)

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

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

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

Federal Shelter (such as Lackland Air Force Base)

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

CPS PN (Past A/N)

Federal Shelter (ex: Lackland Air Force Base)

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

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

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

and

CPS PN (Past A/N)

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

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

RCCL intake or I&R LRC Standards Compliance

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

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

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

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

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

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

With Sponsor in Texas

Current a/n by the sponsor

CPS P1 or P2

With Sponsor in Texas

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

CPS PN (Past A/N)

With Sponsor in Texas

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

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

With Sponsor in Texas

Child ran away; no a/n

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

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

4630 Child Resides in Mexico

SWI Policy and Procedures May 2015

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

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

See the Manual Assignment Chart.

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

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

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

See:

4640 Desarrollo Integral de la Familia (DIF) Border Contacts

Manual Assignment Chart.

4640 Desarrollo Integral de la Familia (DIF) Border Contacts

SWI Policy and Procedures May 2015

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

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

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

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

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

See the Manual Assignment Chart.

4700 Release of Confidential Information

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

SWI Policy and Procedures January 2015

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

 

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