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CPS Overview

Presented by Special Investigators

Narciso HernandezJesus Munoz

THE ROLE OF CPS

The role of CPS is to protect children and to act in the children’s best interest.

CPS investigates reports alleging abuse or neglect by a person responsible for a child’s care, custody or welfare.

Person responsible for a child’s care, custody or welfare means a person who traditionally is responsible for a child’s care, custody or welfare, including:

A parent, guardian, managing or possessory conservator, or foster parent of the child.

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THE ROLE OF CPS #2

A member of the child’s family or household as defined by Sec. 71.01 of the Texas Family Code.

A person with whom the child’s parent cohabits.

School personnel or volunteers at the child’s school; or

Personnel or volunteers at a public or private child-care facility that provides services for the child or at a public or private residential institution or facility where the child resides.

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PROFESSIONALS WHO WORK WITH CHILDREN: (T.F.C. 261.101)

(b.) If a professional has cause to believe that a child has been or may be abused or neglected, the professional shall make the report not later than the 48th hour after the hour the professional first suspects that the child has been or may be abused or neglected.

A professional may not delegate to or rely on

another person to make the report.

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REPORTING CHILD ABUSE & NEGLECT IN TEXAS

Statewide Hotline 1-800-252-5400Reports are made by Law Enforcement Officers to 1-

800-252-3223.www.txabusehotline.orgAvailable 24 hours per day7 Days per WeekConfidentiality: A Reporter’s identity is kept

confidential and cannot be released to the family.

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WHAT TO REPORT:

General rules:Whenever there is a question about the existence of

abuse/neglect or a suspicion, the incident should be reported to the hotline. You will be informed if the situation merits further assessment or intervention.

Reporting abuse/neglect early in the day minimizes the probability of the child’s continued exposure to a potentially dangerous situation.

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WHAT TO REPORT #2:

Family information:Names, addresses, telephone numbersDates of birth or agesEmployment information and phone numbers for parentsNames of schools and any other children in the home

Reporter information:Reporter’s name, address and telephone number where you are accessible for further clarification.When and how reporter obtained information.

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WHAT TO REPORT #3:

how injury occurred. Ask the child?Extent and severity of the injury;Location of the injury on the child’s body (is it to a

vital part of the body such as the face, head, chest or back?);

The child’s age (the younger the child, the higher the risk);

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WHAT TO REPORT #4

The child’s physical condition, psychological state, and level of maturity and development;

The child’s capacity for self-protection;Frequency and duration of the same behavior or

similar incidents;Previous history of abuse or neglect; andHow the injury occurred or was inflicted.

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INTAKE

All calls are directly made to statewide intake located in Austin.

Statewide intake gathers information and decides whether or not to generate a referral.

If referral is made, statewide intake determines priority.

Routes to appropriate county.Once in county it gets assigned to supervisor and

caseworker.All reported information remains confidential.

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INTAKE #2:CPS REPORTS NOT ASSIGNED

Reasons for not assigning include:

The situation does not appear to involve a reasonable likelihood that a child will be abused or neglected in the foreseeable future

The allegations are too vague or general to determine whether a child has been abused or neglected or is likely to be.

The report does not give enough information to locate the child or the child’s family or household.

The situation is already under investigation, in which case, staff are to merge the intake into the open investigation.

SITUATIONS THAT DO NOT MEET THE STATUTORY DEFINITIONS OF ABUSE/ NEGLECT FOR WHICH CPS HAS THE

AUTHORITY TO INTERVENE:

Truancy: Voluntary absence from school without a valid excuse.

Runaway: A child who is voluntarily absent from the home without the consent of the parent or guardian.

Children in need of Supervision: Children from ages 10 to 17 who are before a juvenile court for offenses.

Reasonable Physical Discipline: Physical discipline appropriate to a child’s age without injuries or substantial risk of harm.

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SITUATIONS THAT DO NOT MEET THE STATUTORY DEFINITIONS OF ABUSE/ NEGLECT

Latch Key Children: School age children left unattended part of the day, whose parents have taken appropriate precautions to ensure the children’s safety.

Harmful or Violent Children: Children who harm or commit violent acts against other children, but who are not members of the alleged victim’s family or household, and who are not themselves abused or neglected.

Young children engaged in delinquent conduct: Children between the ages of 7 and 10 who are reported to CPS by law enforcement agencies for engaging in delinquent conduct.

Potential for Abuse/ Neglect: A situation involving a remote possibility, but not a substantial risk or genuine threat, of child abuse or neglect.

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SITUATIONS THAT DO NOT MEET THE STATUTORY DEFINITIONS OF ABUSE/ NEGLECTInadequate Supervision: Insufficient supervision of a

child according to community standards, but without bodily injury or substantial risk of harm.

Inadequate physical care: Insufficient provisions for a child’s physical needs according to community standards, but without a substantial risk to the child’s life or health.

No current risk of abuse or neglect: A situation in which abuse or neglect occurred in the past, but has not occurred recently, and is not likely to recur in the foreseeable future.

Parent-child Conflict: A situation in which a child is in conflict with his parents, but is not abused or neglected.

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LAW ENFORCEMENT & CHILD PROTECTIVE SERVICES JOINT INVESTIGATION

• During the 78th Regular Session, the Texas Legislature passed Senate Bill 669, requiring law enforcement to accompany CPS caseworkers when responding to Priority 1 reports of abuse/neglect that involve children who appear to face immediate risk of physical or sexual abuse

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JOINT INVESTIGATIONS

2344 Arranging Joint Investigations with Law EnforcementCPS January 2008Immediately upon receiving a report assigned for investigation that alleges that a child has been or may be the victim of a crime and faces immediate risk of physical or sexual abuse that could result in death or serious harm, the worker: • informs the appropriate law enforcement agency; and • requests a joint investigation. Priority I reports that allege physical or sexual abuse meet the criteria for requesting that law enforcement conduct a joint investigation.

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JOINT INVESTIGATIONS

CPS staff initiate and conduct an investigation even if law enforcement is unwilling or unable to conduct a joint investigation. If law enforcement is unable or unwilling, CPS staff document that on the Contact Detail page and in the associated narrative within 24 hours after the contact with law enforcement.

For requirements related to joint investigations, see Texas Family Code §261.301(f)(h)External Link.

If CPS and a law enforcement agency are involved in the same case, CPS staff must comply with DFPS policies regarding cooperation with law enforcement officials.

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LAW ENFORCEMENT & CHILD PROTECTIVE SERVICES

JOINT INVESTIGATION

Law enforcement looks for evidence of a crime and attempts to prove the case beyond a reasonable doubt.

CPS assesses the risk of abuse to the child and develops a safety plan to protect the child.

CPS has to have preponderance of the evidence to move forward with a case.

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INVESTIGATION

CPS staff decides how quickly to begin an investigation based on the seriousness of the abuse or neglect and whether the child is in immediate danger.

Priority 1: Initiated within 24 hours of receipt of report or immediately.

Priority 2: Initiated within 72 hours of receipt of report.

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INVESTIGATION #2

The department shall immediately notify the appropriate state or local law enforcement agency of any report it receives, other than a report from a law enforcement agency, that concerns the suspected abuse or neglect of a child or death of a child from abuse or neglect.

(a) The investigation may include:1) A visit to the child’s home, unless the alleged abuse or

neglect can be confirmed or clearly ruled out without a home visit;

2) An interview with and examination of the subject child, which may include a medical, psychological or psychiatric examination.

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INVESTIGATION #3

(b) The interview with and examination of the child may:

1) Be conducted at any reasonable time and place, including the child’s home or the child’s school;

2) Include the presence of persons the department (TDPRS) determines are necessary;

3) Include transporting the child for purposes relating to the interview or investigation. (Children’s Advocacy Center)

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INVESTIGATION #4

(b-1) Before the Department may transport a child as provided by Subsection (b) (3), the Department shall attempt to notify the parent or other person having custody of the child of the transport.

(e) An interview with the child conducted by the Department during the investigation stage shall be audiotaped or videotaped, unless good cause exists for not doing so in accordance with rules of the Department.

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INVESTIGATION #5

When investigating a report, a caseworker usually:Discusses the report with the parent to gain an explanation

about the harm or risk of abuse or neglect to the child. It is illegal for the caseworker to tell the parent or guardian who filed the report.

Obtains criminal history information about alleged perpetrators and all persons in the home 4 years old and older.

If a parent or guardian will not cooperate, if necessary, CPS has the authority to ask a court for an order giving the worker permission to talk to or examine the child, visit the home, or receive health records.

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INVESTIGATION #6

If it has been determined the child is at risk of abuse or neglect, the caseworker will decide if:

Immediate safety services are needed.

Ongoing treatment services are needed to reduce the risk of abuse or neglect.

Develop a safety plan and/or parental child safety placement with the parent to secure child’s safety – it is NOT a legal document.

The caseworker will get approval regarding these decisions from his or her supervisor and then will inform the parent or guardian of them. 24

INVESTIGATION #7

A caseworker completes the investigation in 30 days, unless the supervisor has approved an extension.

Case is staffed with a supervisor who determines disposition, whether there is a reasonable likelihood that a child will be abused or neglect in the foreseeable future and concludes whether to open case for services or close case.

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REMOVAL OF CHILD

Texas law permits DFPS to remove a child from his or her home in specific circumstances for the child’s protection; however, the U.S. Constitution and court cases place important additional limitations on when and how DFPS can remove a child. This policy explains how to conduct removals within those limitations. See:

•1221 Constitutional Protections•Texas Family Code §§262.102External Link; 262.104External Link; 262.113External Link

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REMOVAL OF CHILD

Summary of Constitutional Requirements for Removing a Child

If the worker and the supervisor have determined that it is necessary to remove a child from his or her home, the worker must obtain:

• consent from the parent; • a court order; or • approval from CPS management to remove the child

based on exigent circumstances.

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REMOVAL OF CHILD

The worker determines whether each child’s safety can be assured in the home. See 2312.6 Making the Safety Decision.

If a child’s safety cannot be assured in the home, the worker makes a reasonable effort to prevent removal, such as working with the family to arrange a parental child safety placement. See 2315.1 Controlling Safety Threats.

If no reasonable effort can be made to prevent removal and assure the child’s safety, the worker determines the basis of authority for removal and properly conducts the removal.

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QUESTIONS?

CONTACT INFO

• Special Investigator Narciso Hernandez State Cell Ph: 956-244-2998 Email: narciso.hernandez@dfps.state.tx.us

• Special Investigator Jesus Munoz State Cell Ph: 956-572-2998 Email: jesus.munoz@dfps.state.tx.us

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