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

SWI Policy and Procedures October 2021

This section will focus on RCCI and RCCR. See 8000 Day Care Investigations (DCI) and HHS Day Care Regulation (DCR) for specific information regarding DCI and DCR reports.

SWI assesses for the following two types of reports related to children in residential child care facilities in Texas:

  • Cases involving abuse, neglect or exploitation.
  • Alleged minimum standards violations.

DFPS Residential Child Care Investigations (RCCI)

DFPS Residential Child Care Investigations (RCCI) is the division of Child Protective Investigations that investigates allegations of abuse, neglect, and/or exploitation of a child within a residential child care operation that provides care to children under 18 years old for 24 hours a day. SWI assesses these reports as intakes.

Investigations Statutes

Allegations are defined in Texas Family Code (TFC) §261.001, which establishes DFPS as the agency responsible for investigating abuse, neglect and exploitation of children.

Statutes in 40 Texas Administrative Code (TAC) §§707.711, 707.713, 707.715, 707.717 support the agency’s role in investigations of abuse, neglect and exploitation of children in child care facilities.

HHS Residential Child Care Regulation (RCCR)

Residential Child Care Regulation (RCCR) is the department within the Regulatory Services Division of HHS that regulates residential child care operations and foster home placements.

Reports related to the licensure or standards compliance within a residential operation that do not include any allegations of abuse, neglect, or exploitation, are handled by HHS RCCR (formerly known as Residential Child Care Licensing, a term still used in IMPACT), which regulates the operations. These reports are assessed as I&Rs for Residential Child Care Licensing (RCCL) Standards Compliance.

Regulation Statutes

Human Resources Code Chapter 42: Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services — Establishes standards for regulating child care.

HRC Chapter 43: Regulation of Child-Care and Child-Placing Agency Administrators — Establishes standards for regulating child care administrators and child-placing agency administrators.

Texas HHS rules related to Child Care Regulation (CCR) are found in 26 TAC Chapter 745 and 40 TAC §745. The rules implement the agency’s statutory responsibilities and identify and describe the rights and responsibilities of HHS and the operations it regulates.

Common Terms

Blatant disregard

The real and significant harm to the child as a result of act(s) or omission(s) by an employee, volunteer, or other person working under the auspices of a facility or program. The definition requires that both of the following are true:

  • The harm would have been obvious to a reasonable caregiver or a reasonable member of the person’s profession in the same situation.
  • The reasonable caregiver or reasonable member of the profession would have known to take precautionary measures to protect the child from the impending harm.

Caregiver

A person whose duties include the supervision, guidance, and protection of a child or children.

Catchment area

A designated geographic area for which a single-source continuum contractor provides services.

Child

A person under 18 years of age.

Human Resources Code §42.002(1)

Child in care

A child in care refers to any child being cared for in a child care operation regulated by CCR, not just a child in DFPS conservatorship who is in licensed placements.

Child-Placing Agency (CPA)

An organization or a person, other than the parent of a child, who plans for the placement of or places a child in a child care operation or adoptive home. A CPA is a licensed residential child care operation that may verify and regulate its own homes, subject to HHS minimum standards.

Human Resources Code §42.002(12)

Child without Placement (CWOP)

A child in the conservatorship of DFPS who does not have an official placement for more than one night. Example: A child in DFPS custody stays in a church overnight. For assessments of CWOP reports, see the Safety Net resource DFPS, CCR, PI, or SSCC Employee Allegedly Abuses, Neglects, or Mistreats a Child in an Official Capacity.

Community-Based Care (CBC)

A model in which DFPS contracts with a nonprofit or governmental entity (a single-source continuum contractor or SSCC), which does the following:

  • Oversee the placement and services to children in DFPS conservatorship (including children and youth in paid foster care and kinship care).
  • Work with the children’s families.
  • Manage the adoptions and kinship placements for these children.

General Residential Operation (GRO)

A child care facility that provides care for seven or more children for 24 hours a day, including the following facilities:

  • Children’s homes.
  • Halfway houses.
  • Residential treatment centers.
  • Emergency shelters.
  • Therapeutic camps.

Human Resources Code §42.002(4)

Immediate danger

Immediate danger to child’s physical health or safety means the act(s) or omission(s) by an employee, volunteer, or other person working under the auspices of a facility or program placed the child in a situation that resulted in or would have resulted in substantial emotional harm or substantial physical injury to the child.

License

A type of permit issued by RCCR stating that an operation has met applicable statutes, administrative rules, and minimum standards and may operate. RCCR issues licenses to all operations except certified operations and CPA verified homes.

Minimum Standards

The minimum requirements for child care operations that are published in chapters of the TAC devoted to specific types of operations. HHS enforces these standards to protect the health, safety, and well-being of children.

26 TAC §748, 749

Operation

A person or entity offering a program that may be subject to regulation by HHS. An operation includes the following:

  • Building and grounds where the program is offered.
  • Any person involved in providing the program.
  • Any equipment used in providing the program.

An operation can be a child care facility or listed family home.

DFPS Rules, 26 TAC §745.21(30)

Regulation

The enforcement of statutes and the development and enforcement of rules, including minimum standards. Regulation includes the licensing, certifying, registering, and listing of an operation or child-care administrator.

Residential child care facility

A facility licensed or certified by HHS that operates 24 hours a day. This includes general residential operations, child-placing agencies, and agency foster homes.

Residential Treatment Center (RTC)

An operation that provides care and treatment services exclusively for children with emotional disorders. Such centers care for 13 or more children who are up to 18 years old.

Single Source Continuum Contractor (SSCC)

An entity with which DFPS contracts to provide the full continuum of foster care and case management services to children and families on behalf of Child Protective Services. The entity provides these services within a designated geographic area for the purpose of implementing community-based care as defined in TFC §264.152(4).

Unregulated operation

An operation that provides child care that is subject to regulation but does not have a permit and is not in the process of applying for a permit. Sometimes referred to as an “illegal operation.”

Young Adult

An adult whose chronological age is between 18 and 22 years, who is currently in a residential child-care operation, and who continues to need child care services.

See HHS’s Child Care Regulation Handbook, Definitions of Terms.

9100 Types of Residential Child Care Operations

9110 Residential Child Care Operations Regulated by RCCR

SWI Policy and Procedures October 2021

RCCR regulates the following types of residential child care operations:

  • General residential operations (GRO)
  • Child placing agencies (CPA)
  • CPA foster homes
  • CPA adoptive homes

For more information on these types of operations, see the Child Care Investigations Handbook, 1142 Types of Residential Child Care.

9120 Operations Exempt from Regulation by RCCR

SWI Policy and Procedures November 2021

Some operations that provide residential care for children are exempt from RCCR regulation. This is either by statute or because they are regulated by another agency. Common examples of operations that may be considered exempt include: overnight youth camps, short-term programs, religious programs, and educational programs.

When SWI May Determine Exemption Status

Exemption status is most clear in five specific situations, and an intake specialist may determine a situation as falling into one of these categories. An intake specialist is not required to send RCCI intakes or I&Rs to RCL when encountering these five situations.

For these, the intake specialist determines if an intake for another program or an I&R is appropriate.

The following are exempt from RCCR regulation, and an intake specialist may identify them as such:

  • A foreign exchange or sponsorship program, if the children are in the United States on a time-limited visa and the children are under the sponsorship of the person with whom they are living or the sponsorship of an organization. The intake specialist assesses for a CPI intake when there are allegations of abuse, neglect, or exploitation of a child in one of these programs. If there are no allegations, then the intake specialist assesses the appropriate I&R type.
  • A juvenile detention or correctional facility certified under the TFC 261.405 that provides services solely for the Texas Juvenile Justice Department. The intake specialist refers the caller to the TJJD Administrative Investigations Division at 1-877-786-7263 (1-877-STOP-ANE) to report abuse, neglect or exploitation. If the caller is unwilling or unable to report to TJJD, the intake specialist sends an I&R Protective Matter Referred On to TJJD. See the Texas Juvenile Justice Department section of the State Agency Jurisdiction Resource on the DFPS intranet.
  • A treatment facility for treating chemically dependent youth. The intake specialist sends an I&R Referred to HHSC. See 3172 Referred to HHSC.
  • Boarding Schools. The intake specialist assesses for a CPI intake when there are allegations of abuse, neglect or exploitation at a boarding school. If there are no allegations, then the intake specialist assesses the appropriate I&R type. See 4526 Boarding Schools.
  • A federally operated program that provides 24-hour care exclusively to people not lawfully present in the United States who are in the custody of the federal government.

HHSC Rules, 26 TAC §745.115

See the Child Care Investigations Handbook, see Appendix 1000-2: Decision Guide: Is the Care Being Provided Subject to Regulation?.

Residential Programs for which Exemption is Unclear

Apart from the five exceptions listed above, intake specialists are not responsible for determining whether a residential child-care program is subject to regulation or is exempt. Exemption determination requires the collection of extensive information, and can only be done by SWI screeners or RCCR field staff. For this reason, when a report is made on operations for which regulation is unclear, the intake specialist assesses the information as either an RCCI intake or I&R RCL Standards Compliance, regardless of whether or not the facility is listed in IMPACT as an active or inactive operation.

9130 Unregulated Residential Child Care Operations

SWI Policy and Procedures October 2021

When SWI receives information on a residential operation that may be subject to regulation but is reported to be operating without regulation (illegally), the intake specialist assesses the report the same as any other residential child care operation. The intake specialist completes an RCCI intake if there are allegations of abuse or neglect. Otherwise, if all that is known is that the operation is not being regulated by RCCR, the intake specialist completes an I&R RCL Standards Compliance, even when there are no allegations about the following:

  • Minimum standard rules have been violated.
  • Indications of abuse, neglect, or exploitation.

9140 Department or Agency That Licenses a Residential Facility Is Unclear

SWI Policy and Procedures October 2021

Children’s residential facilities generally are licensed by one of the following:

  • Department of Family and Protective Services (DFPS).
  • Texas Juvenile Justice Department (TJJD).
  • Health and Human Services (HHS) for facilities providing mental health and substance abuse services.

The intake specialist must complete a resource search to determine which agency or department has jurisdiction.

If the agency or department that licenses the facility cannot be determined or if the facility is unlicensed, the intake specialist assesses the information as an RCCI intake or I&R RCL Standards Compliance, following the usual assessment and processing procedures.

9150 Child Living with Non-Related Caregiver

SWI Policy and Procedures October 2021

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

A home verified by a CPA and licensed by RCCR is found in IMPACT Resources. The intake specialist searches Resources first to make the determination. If the home is not found in Resources, the intake specialist considers the following to determine if the caregiver may be operating an illegal operation, which still falls under RCCR jurisdiction:

  • Is there more than one non-related child or sibling group residing with the caregiver?
  • Is caregiver receiving compensation for the care of the non-related children?
  • Does no written agreement exist between the parent and caregiver regarding the care of the child?

Human Resources Code §42.041(20)

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 RCL Standards Compliance if the information does not meet the guidelines for abuse, neglect, or exploitation.

CPI Jurisdiction

If the above factors do not apply, 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 either of the following are true:

  • There are plans for the child to return to the parent or 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.

Exception: The intake specialist assigns the intake to the DFPS office responsible for the county where the child is currently located if either of the following are true:

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

Information and Referral (I&R)

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

9200 RCCI Person List

SWI Policy and Procedures October 2021

The person list of an intake for RCCI includes the following people:

  • Victim(s).
  • Alleged perpetrators.
  • Other staff of the facility who might have additional information.
  • Parents or guardians of the victim(s).

The intake specialist does not need to obtain identifying information for children or staff who were not involved in the reported incident and do not have additional information.

9210 Types

SWI Policy and Procedures October 2021

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 get identifying information for all principals, as well as at least one relevant collateral.

9211 Principals (PRNs)

SWI Policy and Procedures October 2021

RCCI defines a principal as an alleged victim or an alleged perpetrator.

Exception: All household members are identified as principals for RCCI intakes concerning foster home settings.

9212 Collaterals (COLs)

SWI Policy and Procedures October 2021

RCCI defines a collateral (COL) as a witness or other person who has additional information about the situation. A COL cannot be an alleged perpetrator or an alleged victim. The parents of the victim are always identified as collaterals.

The intake specialist always assigns a collateral the role of No Role (NO) in a RCCI intake.

9220 Roles

SWI Policy and Procedures October 2021

RCCI uses the following roles:

  • Alleged victim (VC)
  • Alleged perpetrator (AP)
  • Unknown (UK)
  • No Role (NO)

RCCI does not use the “alleged victim/perpetrator.”

9221 Alleged Victim (VC)

SWI Policy and Procedures October 2021

RCCI defines an alleged victim as a child in care to whom abuse, neglect, or exploitation is alleged to have occurred while placed in residential care. Only a child who was involved in a reported incident of abuse, neglect or exploitation is listed as a victim. Each intake must have at least one alleged victim identified, even if the name or other demographics are not known.

9222 Alleged Perpetrator (AP)

SWI Policy and Procedures October 2021

RCCI defines an alleged perpetrator as a person who meets the following conditions:

  • Works under the auspices of the residential care operation for which DFPS has jurisdiction to investigate.
  • Is alleged to have abused, neglected, or exploited a child in care. This includes the following people:
    • Any employee or volunteer of the operation.
    • Any person under contract with the operation.
    • A director, owner, operator, or administrator of an operation.
    • Anyone who has responsibility for the children in care.
    • Anyone who has unsupervised access to the children in care, including biological children of the owner over the age of 10.
    • Anyone who regularly or routinely lives at the operation, including biological children of the owner or foster parents over age 10.
    • Any other person permitted by act or omission to have access to children in care.

When the alleged perpetrator has not been specifically identified, the intake specialist does not need to create an “unknown” person on the person list. Instead, the intake specialist leaves the AP field blank on the allegations list.

Child as Perpetrator

A child in care refers to any child who is being cared for in a child care operation regulated by RCCR, including children in DFPS conservatorship who are in licensed placements. A child in care is never assigned the role of alleged perpetrator in an RCCI intake.

Report Alleging Abuse or Neglect by Children in Care on Each Other

When a report is made that a child in care in an RCCR operation is allegedly abusing or neglecting another child in care, the intake specialist takes the following steps:

  • Assesses an intake, which contains an allegation of neglectful supervision.
  • Lists the caregiver as the alleged perpetrator.
  • Lists both the perpetrating child and the victim of the perpetrating child as victims of neglectful supervision.

If the identity of the caregiver is unknown or unclear at intake, the intake specialist leaves the AP field blank on the allegations list.

An intake specialist may assign the role of alleged perpetrator to a child in care age 10 or older, including those in DFPS conservatorship, in a CPI or APS intake. For instance, if a child in care is alleged to have abused a foster parent’s biological child, the intake specialist may assign the role of alleged perpetrator to that child in care in a CPI intake. The specialist would also assess an RCCI intake in which the caregiver is the alleged perpetrator and the perpetrating child is the victim of neglectful supervision.

Report Alleging Abuse or Neglect by Biological Child of the Caregiver

A caregiver’s biological child who abuses a child in care may be considered an alleged perpetrator in an RCCI intake if the child is 10 years old or older.

An allegation of neglectful supervision with the caregiver as the alleged perpetrator is also assessed for the child in care because the caregiver was responsible for the child who was abused or neglected. If the identity of the caregiver is unknown or unclear at intake, the AP field is left blank.

Adult in Care

A young adult (18 years old or older) in care is not considered a child in care. Therefore, a young adult in the care of an RCCR operation who abuses a child in care may be considered an alleged perpetrator.

An allegation of neglectful supervision with the caregiver as the alleged perpetrator is also assessed for the child in care, because the caregiver was responsible for the child who was abused or neglected. The intake specialist leaves the AP blank if the identity of the caregiver is unknown or unclear at intake.

9223 Unknown Role (UK)

SWI Policy and Procedures October 2021

People who are identified as principals, but for whom there is insufficient information to determine whether they are alleged victims or alleged perpetrators, are assigned the role of Unknown (UK).

9224 No Role (NO)

SWI Policy and Procedures October 2021

If a person clearly is not involved as an alleged victim or alleged perpetrator, then he or she is assigned a role of No Role (NO). In RCCI intakes, only a collateral can be assigned a role of NO.  

9230 Relationship or Interest (Rel/Int)

SWI Policy and Procedures October 2021

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

The intake specialist uses the Rel/Int code of “UH” - Unrelated Household Member (UH), to document other children in a residential setting. The intake specialist documents an explanation of the relationship in the person notes and narrative.

9240 Person List Considerations for RCCI Intakes

9241 Types and Roles Specific to a Residential Facility or Shelter Setting

SWI Policy and Procedures October 2021

An intake specialist determines the roles of people involved in reported incidents as follows:

  • When a child was not involved in a reported incident of abuse or neglect, but witnessed the incident, the child is listed as a collateral (COL). If the child’s name is not known, the information is not listed on the person list. Instead, the intake specialist documents any identifying information in the narrative.
  • Children in the facility who are not victims or did not witness the incident are not documented on the person list.
  • A staff member who was involved in a reported incident, but the role is unknown, is listed as a principal (PRN) with an unknown role.
  • A staff member who may have witnessed the incident is listed as COL.

9242 Types and Roles Specific to a Foster Home Setting

SWI Policy and Procedures October 2021

An intake specialist determines the roles of people involved in reported incidents as follows:

  • All household members are listed as principals.
  • Only a child who was an actual victim in a reported incident of abuse or neglect is listed as a victim.
  • The roles of other children in the home are listed as Unknown (UK).

If names are not known, see 2210 Names.

See 9710 When the Victim is 18 or Older.

9300 RCCI Allegations

SWI Policy and Procedures October 2021

The definitions of the allegations listed below apply to Residential Child Care Investigations (RCCI).

9310 Abuse Allegations

SWI Policy and Procedures October 2021

RCCI investigates allegations of emotional abuse, physical abuse, and sexual abuse.

9311 Emotional Abuse (EMAB)

SWI Policy and Procedures October 2021

Emotional abuse is defined as any of the following:

  • Mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning.
  • Causing or permitting the 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 functioning.
  • The current use by a person of a controlled substance, in a manner or to the extent that the use results in mental or emotional injury to a child.

TFC §261.001(1)

If there is the possibility that the act or omission caused physical injury to the child, then the allegation must be investigated as physical abuse.

“Observable and material impairment” means discernible and substantial damage or deterioration to a child’s emotional, social, and cognitive development. It may include but is not limited to depression; anxiety; panic attacks; suicide attempts; compulsive and obsessive behaviors; acting out or exhibiting chronic or acute aggressive behavior directed toward self or others; withdrawal from normal routine and relationships; memory lapse; decreased concentration; difficulty or inability to make decisions; or a substantial and observable change in behavior, emotional response, or cognition.

40 TAC §707.787

9312 Physical Abuse (PHAB)

SWI Policy and Procedures October 2021

Physical abuse is defined as the following:

  • Physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident;
  • Failure to make a reasonable effort to prevent an action by another person that results in physical injury that results in substantial harm to the child;
  • The current use by a person of a controlled substance, in a manner or to the extent that the use results in physical injury to a child; or
  • Causing, expressly permitting, or encouraging a child to use a controlled substance.

Minor incidents of physical discipline that have not resulted in physical injury are considered standards compliance issues (that is, violations of RCCR’s minimum standard rules in the Texas Administrative Code).

40 TAC §707.789

9313 Sexual Abuse (SXAB)

SWI Policy and Procedures October 2021

Sexual abuse is defined as any of the following:

40 TAC §707.791

9320 Neglect Allegations

SWI Policy and Procedures October 2021

Neglect is defined as a negligent act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program, including failure to comply with an individual treatment plan, plan of care, or individualized service plan, that causes or may cause substantial emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy.

RCCI investigates allegations of medical neglect, neglectful supervision, and physical neglect.

40 TAC §707.801

9321 Medical Neglect (MDNG)

SWI Policy and Procedures October 2021

Medical neglect is defined as the failure to seek, to obtain, or to follow through with medical care for a child.

TAC 40 §707.801

9322 Neglectful Supervision (NSUP)

SWI Policy and Procedures October 2021

Neglectful supervision is defined as placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities and that results in bodily injury or 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 a substantial risk of sexual conduct harmful to the child; or 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 Subdivision (1)(E), (F), (G), (H), or (K) committed against another child.

TAC 40 §707.801

9323 Physical Neglect (PHNG)

SWI Policy and Procedures October 2021

Physical neglect is defined as the failure to provide a child with food, clothing, and shelter necessary to sustain the life or health of the child.

40 TAC §707.801

9330 Exploitation (EXPL)

SWI Policy and Procedures October 2021

Exploitation is the illegal or improper use of a child or of the resources of a child for monetary or personal benefit, profit, or gain by an employee, volunteer, or other individual working under the auspices of a facility or program as further described by rule or policy.

TFC § 261.001(3)

9331 Labor and Sex Trafficking in RCCI Reports

SWI Policy and Procedures October 2021

Labor trafficking is defined as knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Penal Code §20A.02(a)(5) or (6); or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under Penal Code §20A.02(a)(5) or (6). In this section, “trafficked” means enticing, recruiting, harboring, transporting, enslaving, or providing to others or obtaining for oneself a child for labor or services through force, fraud, coercion, or exploitation. It involves giving or receiving monetary or nonmonetary remuneration, including the child’s services, and a pervasive loss of freedom for the child. Labor trafficking does not require that the child actually engage in forced labor or services. The definition of labor trafficking is met as long as there is a substantial risk of the child engaging in forced labor or services.

TAC §707.793

Sex trafficking is defined as knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Penal Code 20A.02(a)(7) or (8), or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under Penal Code 20A.02(a)(7) or (8). In this section, “trafficked” means enticing, luring, recruiting, harboring, transporting, enslaving, selling, or holding captive a child for sexual conduct specified in Penal Code §20A.02(a)(7). It involves giving or receiving monetary or nonmonetary remuneration, including the child’s sexual services, and a pervasive loss of freedom for the child. Sex trafficking does not require force, fraud, or coercion. The definition of sex trafficking is met even if it appears that the child is in agreement with the conduct or does not consider herself or himself to be a victim of sex trafficking.

The individual allegations of labor and sex trafficking are not currently available in IMPACT. When completing RCCI intakes that allege labor or sex trafficking, the intake specialist chooses “Exploitation” from the allegations list, and documents LBTR or SXTR in the narrative conclusion.

40 TAC §707.795

See 4212 Human Trafficking.

9400 RCCI Priorities

SWI Policy and Procedures October 2021

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

  • Priority 1
  • Priority 2

9410 Priority 1 (P1)

SWI Policy and Procedures October 2021

The intake specialist assesses a priority 1 to any RCCI intake that alleges either of the following:

  • A child’s death, regardless of whether there are any allegations of abuse or neglect contributing to the death of the child.
  • An immediate threat of serious physical or emotional harm or death of a child caused by abuse or neglect.

P1 intakes may also be appropriate when an alleged perpetrator continues to have access and present an immediate danger to other children, even if the victim child has been removed from the situation.

If a child in DFPS conservatorship dies while in a licensed placement, see 4632 Death of a Child While in DFPS Conservatorship.

9420 Priority 2 (P2)

SWI Policy and Procedures October 2021

The intake specialist assesses a priority 2 to any RCCI report that alleges abuse or neglect that does not indicate immediate risk of death or serious harm.

9500 Information and Referrals (I&Rs)

SWI Policy and Procedures October 2021

The following sections describe assessing and completing I&Rs for RCCR and RCCI. Any report concerning a residential child care facility that does not meet the definition of abuse, neglect, or exploitation for RCCI is taken as either an I&R RCCL Standards Compliance, or an I&R to existing RCCI Case. The intake specialist assigns the I&R to the appropriate routing coordinator.

See 3000 Information & Referral (I&R) Reports.

9510 I&R RCL Standards Compliance

SWI Policy and Procedures February 2022

RCCR investigates reports of a home or facility that is subject to HHS RCCR licensure or regulation and is allegedly failing to comply with law or minimum standard rules.

The intake specialist assesses a report about a residential child care operation that does not involve allegations of abuse, neglect, or exploitation as I&R RCL Standards Compliance. However, the intake specialist does not complete this I&R type simply because the facility was mentioned during the report. The I&R RCL Standards Compliance is assessed only when the report is about something that has occurred at the facility or under the supervision of the facility’s staff while away from the facility (such as during a field trip).

SWI does not assess what is or is not a standards violation. All information and concerns about an RCCR operation are sent to the program for review.

See:

3160 Standards Compliance

9530 Reports Involving Children in DFPS Conservatorship in a RCCR Operation

The intake specialist completes a standards compliance I&R when all of the following are true:

  • SWI receives new information.
  • The new information does not meet the criteria for a new intake.
  • If there is an open RCCI case, the new information involves an incident different from the one already being investigated in the open case.

If the intake specialist completes a standards compliance I&R, it is not necessary to complete an additional I&R to the existing RCCI case.

9520 I&R to Existing RCCI Cases

SWI Policy and Procedures October 2021

When a subsequent report is received that provides information about an open RCCI case, and there are no new incidents of abuse, neglect, or exploitation that meet legal definitions, the intake specialist determines whether the information is relevant to the open stage of the existing RCCI case.

The intake specialist completes an I&R to the existing case when the following occur:

  • SWI receives new information.
  • The new information pertains to the existing investigation in the open case, or it is unclear if the information is relevant to the open case.
  • The new information does not meet the criteria for a new intake.

If an I&R to the open case is completed, an additional I&R RCL Standards Compliance is not necessary.

9530 Reports Involving Children in DFPS Conservatorship in a RCCR Operation

SWI Policy and Procedures October 2021

Required CVS Caseworker Notification

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.

See 3101 CVS Caseworker Notification.

Additional Required I&Rs

The intake specialist completes both an I&R to existing CPS Case and a Residential Child Care Investigation report (intake or I&R) in some instances. For more information, see 4561.11 Situations That Always Require an I&R to Existing CPS Case.

9600 Processing RCCI Intakes

SWI Policy and Procedures October 2021

The following sections describe how to process an RCCI intake. For a more complete reference, see 2600 Processing.

9610 Resource Section

SWI Policy and Procedures October 2021

The intake specialist must complete the Resource section when entering an RCCI intake in IMPACT. To do so, a resource search is performed.

9611 Determining the Correct Resource Name for General Residential Operations (GROs)

SWI Policy and Procedures October 2021

For facilities other than foster homes (such as residential treatment centers), the intake specialist performs a search using the facility name.

General Residential Operations (GROs) include any of the following:

  • Basic child care facility (example: Ishmael Inc.).
  • Emergency shelter (example: Buckner Emergency Shelter).
  • Residential treatment center (example: A Fresh Start RTC).

GROs often have multiple listings in the resources. Some of these listings may be for a specific child or contract. When conducting the resource search, the intake specialist choses the facility name with the following:

  • It is listed without any additional letters or names.
  • The facility has RCL in the Investigation Jurisdiction column.

9612 Determining the Correct Resource Name for Foster Homes

SWI Policy and Procedures October 2021

Foster homes and foster group homes are referred to in IMPACT as Agency Home, Agcy Ther FF Home, Agency Home - Mod, FPS F/A Homes, or Ind.

The intake specialist completes a resource search using the name of the foster parents to determine the facility type.

Child-Placing Agency (CPA) Homes

If the word Agency or Agcy is listed under Facility Type, the foster home is a CPA home and the CPA is the correct resource. If the CPA sub-contracts with an SSCC (single-source continuum contractor), the correct resource is still the CPA. See 5735 Facility Licensed by Residential Child Care Regulation (RCCR).

The intake specialist clicks the hyperlink of the foster parent name. The CPA that monitors the home is listed in the Contact box on the Resource Detail screen.

After obtaining the CPA’s name, the intake specialist completes a search using the CPA’s name. Occasionally, a CPA has more than one listing, which means there are multiple offices. When this occurs, the correct resource name to select is the one that has a check under the C column on the Resource Search Results page. If more than one name is checked, the intake specialist must click the hyperlink of one of the names to access the Resource Detail screen. At the top of this screen, the intake specialist selects the Facility Detail tab and then the homes list. If the foster family is listed, this is the correct CPA office.

The resource name is the name of the CPA, never the name of the foster parent.

CPS Foster Homes

If FPS F/A Home is listed under Facility Type, the home is a CPS foster or adoptive home. To find the CPS region responsible for monitoring the home, the intake specialist clicks the hyperlink on the foster parent’s name, which displays the Resource Detail page. The region’s number is listed in the Maintainer box.

The resource name is the name of the Texas Dept Of Fps Reg 1-11 (Region #) and never the name of the foster parent.

Non-FPS Adoptive Home

If the Facility Type is listed as ‘Non-FPS Adoptive Home’, the intake specialist must determine the maintainer. To find the CPS region responsible for monitoring the home, the intake specialist clicks the hyperlink on the foster parent’s name, which displays the Resource Detail page. The region’s number is listed in the Maintainer box.

The resource name is the name of the Texas Dept Of Fps Reg 1-11 (Region #), never the name of the foster parent.

9613 When the Name of the Foster Parent or Facility Is Not Known

SWI Policy and Procedures October 2021

If the name of the foster parent or the facility is not known, a search of the child’s placement events may provide this information.

The intake specialist performs a person search using the victim’s name and takes the following steps after locating the correct name:

  • Click on the name.
  • On the Person Detail screen, select View Placements Events from the View Options drop-down list.
  • Click the Search button. A list of the child’s placements pulls up.
  • Click the Placement hyperlink.

After taking the steps above, use the following table to determine the name of the foster parent or facility.

If:

Then:

the child is placed in a foster home verified by a CPA …

    • the Placement Type (under Placement Detail) is listed as FPS Contracted Foster Placement.
    • the Agency field (under the Placement Name) displays the name of the CPA (such as The Bair Foundation, Lutheran Social Services, and others) that licenses the foster home.
    • the Facility field (under Placement Name) lists the name of the foster parents.

the child is placed in a foster home verified by CPS …

    • the Placement Type (under Placement Detail) is listed as FPS Fost/Adopt Home.
    • the Agency field (under Placement Name) is blank.
    • the Facility field (under Placement Name) lists the name of the foster parents.

9620 Case Name

SWI Policy and Procedures October 2021

If the intake or I&R regard a foster home, the Child Placing Agency’s name is the case name. If the intake regards an RCCR operation such as a residential treatment center or shelter, the operation’s name is the case name.

See 9612 Determining the Correct Resource Name for Foster Homes.

9630 County

SWI Policy and Procedures October 2021

The intake specialist assigns an RCCI intake to the county in which the residential facility or foster home is located.

If a foster home is with a Child Placing Agency (CPA), and the foster home and CPA are in different counties, the intake specialist must manually change the county.

9640 Law Enforcement Notification

SWI Policy and Procedures October 2021

All RCCI intakes include a law enforcement notification to the agency with jurisdiction to investigate an incident of abuse or neglect where that incident occurred. This might be a different location if the child was participating in an activity away from the operation or facility at the time of the incident.

If a report alleges any human trafficking, the intake specialist chooses both the law enforcement agency with jurisdiction and the Texas Department of Public Safety - Joint Crimes Information Center (JCIC) for notification.

9650 RCCI Call-Out and Assignment

9651 Assignment of P1 and P2 Intakes

SWI Policy and Procedures October 2021

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

9652 Assignment of I&R RCL Standards Compliance

SWI Policy and Procedures October 2021

I&R RCL Standards Compliance, including I&Rs regarding children in DFPS conservatorship that have run away, are not called out to RCCR. The intake specialist assigns an I&R RCL Standards Compliance to the routing coordinator in the county in which the facility or foster home is located.

See the Assignment Charts.

9700 RCCI Program or Agency Jurisdiction Special Topics

SWI Policy and Procedures October 2021

The following sections describe how to handle complex jurisdictional issues for RCCI.

9710 When the Victim is 18 or Older

SWI Policy and Procedures October 2021

Use the following table to assess certain situations:

Victim’s Age at Time of Incident

Victim’s Age at Time of Report

Situation

Assessment

Under 18 years old

Under or over 18 years old

Abuse, neglect or exploitation

Intake for RCCI. Victim is listed as OV, even if over 18 years old now.

Under 18 years old

Under or over 18 years old

Standards compliance issue

I&R RCL Standards Compliance

Over 18 years old

Over 18 years old

Abuse, neglect or exploitation, or standards compliance issue

I&R RCL Standards Compliance. Intake specialist also assesses an APS intake if victim is disabled.

9711 Adult Victim with a Disability

SWI Policy and Procedures October 2021

RCCI does not have jurisdiction to investigate abuse, neglect, or exploitation of a victim currently residing in an RCCR facility who is 18 years or older and has a disability.

APS In-Home investigates current allegations of abuse, neglect, or exploitation of adults with substantial impairments who reside in RCCR operations. In these situations, an I&R RCL Standards Compliance is also completed for RCCR.

However, if there are also allegations of abuse, neglect, or exploitation of children currently in the operation, an intake for RCCI is completed instead of an I&R. Only known child victims are listed as victims in the RCCI intake.

See the Adult Protective Services Handbook, 4231.2 Allegations in Settings Regulated by HHSC Child Care Licensing (CCL).

9720 Reports of a Sex Offender in an RCCI Setting

9721 Assessing Reports of Alleged Sex Offenders in a Foster Home (Active vs. Inactive Home)

SWI Policy and Procedures October 2021

When SWI receives a report regarding a residential child-care operation, the intake specialist completes the report according to standard procedures, regardless of whether the facility is listed in IMPACT as active or inactive.

An intake specialist uses the following procedures if a reporter alleges that a sex offender currently lives or previously lived in a verified foster home.

If a reporter alleges that a sex offender is currently living in an active foster home where children also currently live, the intake specialist generates an RCCI intake for NSUP by the foster parents. An intake is required even without an outcry of sexual abuse. The intake specialist should list the alleged sex offender as the AP only if there has been a specific outcry or information alleging abuse toward a child in the home.

If a reporter alleges that a sex offender is currently living in an active foster home with no children currently living there, or in an inactive foster home, the intake specialist assesses an I&R RCL Standards Compliance.

If a reporter alleges that a sex offender previously lived in a foster home that is currently active or inactive, and there are no known outcries, the intake specialist assesses an I&R RCL Standards Compliance.

9722 Assessing Reports of Alleged Sex Offenders at RCCR-Regulated Facilities

SWI Policy and Procedures October 2021

If a reporter alleges a sex offender is working under the auspices of an RCCR-regulated facility, the intake specialist generates an RCCI intake for NSUP by an unknown AP on an unknown child. The intake specialist should list the alleged sex offender as the AP only if there has been a specific outcry or information alleging abuse toward a child in the home.

9730 Determining RCCI or CPI Jurisdiction for a Child in Relative or Fictive Kin Placement

SWI Policy and Procedures October 2021

A child in DFPS conservatorship may be placed with a relative or fictive kin (such as a former stepparent, a parent’s paramour, or a godparent). For information specific to these placements, see 4720 Determining CPI or RCCI Jurisdiction for a Child in Relative or Fictive Kin Placement.

9740 Abuse or Neglect by Home Health Providers

SWI Policy and Procedures November 2021

If a reporter alleges that a child in an RCCR placement is abused, neglected, or exploited by a home health provider, the intake specialist generates an intake for RCCI with the caregiver (for example, a foster parent) as an alleged perpetrator of NSUP. The assessment is made regardless of the caregiver’s knowledge or role. A home health nurse cannot be an alleged perpetrator in an RCCI intake.

The intake specialist also assesses whether a Provider Investigations intake is appropriate.

See 7222.2 Alleged Perpetrator and Child Client.

9750 Law Enforcement Reports Family Violence in a RCCR Foster Home

SWI Policy and Procedures October 2021

Law enforcement must report any family violence incident that meets the following criteria:

  • Occurred at the address of a DFPS foster home.
  • Involves anyone whose residential address matches that of a DFPS foster home.

The intake specialist performs an IMPACT resource search using the foster home’s resource identification number to determine whether the home is an RCCR foster home. If the home cannot be found following this initial search, the intake specialist searches using the name and address.

If law enforcement finds the foster home in the law enforcement database, but the intake specialist was unable to locate the foster home in IMPACT, a report (either intake or I&R RCL Standards Compliance) is still completed for RCCR.

The intake specialist assesses information regarding family violence in foster homes per established policy for determining abuse, neglect, or exploitation regardless of who reports the incident.

The intake specialist processes the report according to standard procedures for completing an RCCI intake or I&R RCL Standards Compliance. If a foster home is shown in IMPACT to be inactive, the intake specialist completes an I&R RCL Standards Compliance.

The intake specialist obtains and documents the following information:

  • The names, dates of birth (DOBs), and Social Security numbers (SSNs) of all people involved in the domestic violence incident.
  • The location of the incident, as the incident may have occurred at a location other than the foster home.
  • The foster home’s resource identification number as found in the law enforcement database.
  • Details of the current incident and any other relevant information.
  • Any action taken by law enforcement, as well as the law enforcement agency’s report number or incident number.

9760 A Child’s Death in a RCCR Operation

SWI Policy and Procedures October 2021

Any time that a child dies while in care, RCCI investigates to determine the following:

  • Whether abuse or neglect was a factor in the child’s death
  • Whether a violation of statute, administrative rules, or minimum standards caused or contributed to the death.

Any report of the death of a child while under the care of staff from a RCCR operation is completed as a P1 intake, even when there are no clear allegations of abuse or neglect by the caregiver(s) that may have contributed to the death of the child.

For example:

  • A child at a residential treatment center gets stung by a bee and dies (it was not previously known that the child was allergic to bee stings).
  • A child dies in an automobile accident while riding in a vehicle with the foster parents.
  • If a medically fragile child dies while in care, the intake report is handled as an abuse or neglect investigation with a possible allegation of medical neglect.

When there are no clear allegations of abuse or neglect, the intake specialist takes the following steps:

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

When a RCCI intake is generated regarding a child death, the intake specialist must also call out the information to the on-call CPS worker if the child is listed in IMPACT as being a resident of a licensed placement.

See CCR Situations Involving a Child in DFPS Conservatorship.

9770 Administering Medications

SWI Policy and Procedures October 2021

The term “medication” refers to a drug that may be obtained with or without a prescription, excluding a topical ointment obtained without a prescription.

A caretaker, foster parent, or employee of a residential child care operation may administer a medication to a child only under the following circumstances:

  • The child’s parent or legal guardian authorizes the operation to administer the medication.
  • The authorized medication meets the following criteria:
    • It is administered as stated on the label directions or as amended in writing by a practitioner.
    • It is not expired.

If an operation employee or foster parent administers any medication to a child under circumstances other than those described above, the intake specialist assesses an intake or an I&R RCL Standards Compliance. If the child suffered any serious negative effects from the medication (for examples, seizures), the intake specialist assesses an intake for PHAB. If the child does not sustain any or has only minor effects (such as drowsiness), the intake specialist assesses an I&R RCL Standards Compliance.

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