<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 707CHILD PROTECTIVE INVESTIGATIONS
SUBCHAPTER AINVESTIGATIONS
DIVISION 1INTAKE, INVESTIGATION AND ASSESSMENT
RULE §707.509What standards for conducting investigations of abuse and neglect apply to the Investigations program?

To encourage professionalism and consistency in the investigation of reports of child abuse and neglect, as specified in the Texas Family Code (TFC) §261.310, the Texas Department of Family and Protective Services adopts the following standards for individuals who investigate reports of child abuse and neglect:

  (1) Each individual responsible for investigating reports of child abuse and neglect, or for conducting interviews during investigations of child abuse and neglect, must receive a minimum of 12 hours of professional training every year.

  (2) The professional training curriculum for individuals who conduct investigations or investigation interviews must include information about:

    (A) Abuse and neglect as defined in TFC §261.001 including the distinction between:

      (i) Physical injuries resulting from abuse; and

      (ii) Ordinary childhood injuries;

    (B) Abuse involving mental or emotional injury as defined in TFC §261.001(1);

    (C) Available treatment resources;

    (D) The types of child abuse and neglect reported to DFPS, including information about the receipt of false reports;

    (E) Forensic interviewing and investigatory techniques and the collection of physical evidence; and

    (F) Federal child welfare laws.

  (3) All investigatory interviews that are recorded should be recorded:

    (A) Accurately, without interruption; and without alteration;

    (B) Should be made on equipment that is capable of making an accurate recording; and

    (C) Should be made by a person that is competent to make the recording.

  (4) In accordance with Subchapter E of Chapter 264, Texas Family Code, investigators should:

    (A) Utilize Children's Advocacy Centers when appropriate and follow protocols to minimize the number of interviews with a child; and

    (B) Be thorough and exercise professional judgment and expertise in determining the nature, extent, and number of interviews and examinations of suspected child abuse victims.

  (5) All documents generated during investigations must be maintained according to the Investigations published records retention schedule on the DFPS website, including:

    (A) Original tape recordings of telephone intakes;

    (B) Any recordings of interviews; and

    (C) Worker case notes regarding the investigation.

  (6) Investigators must make a reasonable effort to locate and notify each parent of an alleged victim of the report of abuse or neglect relating to the child victim.


Source Note: The provisions of this §707.509 adopted to be effective July 15, 2020, 45 TexReg 4780

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page