2120 CPI Authority for Investigating Reports of Abuse or Neglect
2121 Reports within CPI Authority to Investigate
CPS October 2023
Parent, Family Member, or Home Member Allegedly Abused or Neglected the Child
CPI defines 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, which includes the following:
- Child’s parent, guardian, managing or possessory conservator.
- A member 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 family.
- A member of the child’s home, which includes the following:
- People living together in the child's home, whether or not they are related to each other.
- An unrelated person who does not live with the child (or whose residence cannot be determined) but has regular and free access to the child’s home, including any of the following:
- People who provide care in the child’s home such as a babysitter.
- Significant others of household members who do not live in the home.
- A person who previously lived in the home when the abuse or neglect occurred
School Personnel or Volunteers Allegedly Abused or Neglected the Child
CPI has the authority to investigate reports that school personnel or volunteers abused or neglected a child.
Children without Placement
CPI investigates reports of abuse or neglect that involve a child in DFPS conservatorship who is temporarily without a placement, and when the alleged perpetrator is a DFPS employee or contracted staff.
See 2121.1 DFPS Employee or Single Source Continuum Contractor (SSCC) Abuse or Neglect Investigations.
Alleged Perpetrator is Unknown
CPI also investigates reports that meet the statutory definition of abuse or neglect, when the identity of the alleged perpetrator is unknown, but the abuse or neglect could reasonably have resulted from an act or failure to act by a parent, family member, home member, age 10 or older, or other party as identified in the above list.
Child as an Alleged Perpetrator
A child, age 10-17, may be designated an alleged perpetrator in a CPI intake, if he or she meets the criteria listed above for an alleged perpetrator. See SWI 9222 Alleged Perpetrator (AP).
Deceased Alleged Perpetrator
A deceased person can be designated as an alleged perpetrator.
Youth’s Partner as an Alleged Perpetrator
In most cases, a youth’s sexual partner is not designated an alleged perpetrator against the youth, even if residing in the same home, because this person is not traditionally 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. See SWI 4122.3 Youth’s Partner as an Alleged Perpetrator.
2121.1 DFPS Employee or Single Source Continuum Contractor (SSCC) Abuse or Neglect Investigations
CPS October 2023
A CPI investigation is considered an employee abuse or neglect investigation when:
- A DFPS or SSCC employee is alleged to have abused or neglected a child in his or her own family.
- A DFPS employee, contracted staff, volunteer, intern, or an SSCC employee is alleged to have abused or neglected a child in DFPS conservatorship.
- Special investigators are assigned as primary to conduct employee investigations meeting the above criteria. If a special investigator is the alleged perpetrator in an employee investigation, CPI conducts the investigation.
Case Sensitivity
All CPI investigations that involve all investigations meeting this policy criteria are marked sensitive.
If this information is known at intake, Statewide Intake (SWI) marks the report as sensitive and follows guidelines for processing sensitive intakes.
See 2835 Processing A Sensitive Report.
If the employee’s involvement is not known until after the report has been stage progressed, the field is responsible to mark the case as sensitive and notify the appropriate management chain.
Employee Notifications
A DFPS employee, who is an alleged perpetrator, will not be notified by his or her chain of command regarding the investigation, until the special investigator has made initial contact with the employee and begun the investigation.
Employment Actions During an Investigation
After the special investigator makes initial contact with the CPS or CPI employee, the special investigator notifies the regional director or designee of the open investigation and any known information. The regional director or designee determines next steps regarding this employee.
The special investigator keeps the regional director or designee updated as the investigation progresses. See Chapter 11: Disciplinary Actions on the DFPS intranet.
When a DFPS employee who works in a program other than CPS and CPI is an alleged perpetrator, the special investigator notifies the employee’s chain of command for that program. The special investigator keeps the chain of command updated as the investigation progresses.
The DFPS employee communicates with the employee’s chain of command during the investigation.
An SSCC employee, who is an alleged perpetrator in a CPI investigation, is not permitted to perform any work contracted through DFPS during the investigation. The regional DFPS Community-Based Care (CBC) contract administration manager notifies the SSCC about allegations and resolution.
The SSCC follows its policy and procedures regarding employee action when notified of allegations against an SSCC employee.
See the DFPS Background Checks Handbook, 4000 Background Checks for DFPS Prospective and Current Employees.
When the Alleged Victim Is a Child in DFPS Conservatorship
When the alleged victim is a child in DFPS conservatorship, and an employee is the alleged perpetrator, the focus of the investigation is on the incident that involves that child. If concerns develop about additional incidents that involve another child in conservatorship, or about a child in the employee’s own family, a new report is made. See 2151.1 Notification of a Report Involving a Child in DFPS Conservatorship.
Completing the Safety and Risk Assessments
A safety assessment must be completed on the DFPS employee, contracted staff, volunteer, intern, or SSCC employee.
A risk assessment is not required when the alleged victim is a child in DFPS conservatorship, and an employee or volunteer is the alleged perpetrator.
Closing the Investigation
The caseworker selects Non-family Investigation as the closure reason.
Notifying the Person of the Results of the Investigation
Use the following forms on the DFPS intranet to notify a DFPS employee, contracted staff, volunteer, intern, or an SSCC employee about the results of a CPI investigation that concern the person investigated as an alleged perpetrator:
Form 2234 Administrative Review Request
Form 2351 Expedited Administrative Review Request for Employees, Volunteers, and SSCC Contractors
Do not use the forms that generate automatically in IMPACT for notification.
2121.2 Expedited Investigations
CPS October 2023
When CPI has statutory responsibility to investigate a report of abuse or neglect that involves an alleged perpetrator who is a DFPS employee or a single source continuum contractor (SSCC) for Community-Based Care (CBC), CPI expedites the investigation. If the DFPS employee or SSCC employee is determined to be responsible for the abuse or neglect of a child, the review process may be expedited. See 1261.3 Requesting an Expedited Administrative Review of Investigation Findings.
Time Frames for Expedited Investigation
Whenever possible, the special investigator completes an investigation that involves a DFPS or SSCC employee as the alleged perpetrator within 10 business days. If the investigation cannot be completed within that time frame, the investigator must do all of the following:
- Notify his or her supervisor as soon as possible.
- Discuss the outstanding tasks with the supervisor.
- Obtain approval for an extension from the supervisor.
The extension is for five business days and can be renewed until the investigation totals 30 days. If the investigation cannot be completed within 30 days, the investigator must request approval from the special investigator regional director for the extension. The investigator documents the following:
- The request (as a case staffing).
- The outstanding tasks to be completed.
- The reason for the delay.
When the special investigator regional director approves an extension, he or she must notify the CPI regional director or designee, or the regional DFPS CBC contract administration manager, that the extension was granted.
At the Conclusion of the Case
The special investigator does the following at the conclusion of the case:
- Completes an exit interview with the SSCC chief operating officer.
- Provides any assistance to the regional director of the DFPS employee.
The exit interview and technical assistance address policy-related issues that are identified during the investigation and addressed separate from the investigation.
Reason to Believe Finding Against a DFPS Employee, Contracted Staff, Volunteer, Intern, or an SSCC Employee
A Reason to Believe finding against a DFPS employee, contracted staff, volunteer, intern, or an SSCC employee could affect that person’s employment or volunteer status. If the DFPS or SSCC employee disagrees with the finding and wants to request a review, that person uses one of the procedures outlined in 1261.3 Requesting an Expedited Administrative Review of Investigation Findings.
2122 Reports Not Within CPI Authority to Investigate
CPS September 2023
DFPS Statewide Intake (SWI) Division receives many reports about children who are in situations that are not optimal for their growth and development, but which do not appear to involve a risk or occurrence of abuse or neglect as defined in Statewide Intake Policy and Procedures Handbook, 2113 Statutory Definitions of Child Abuse and Neglect. CPI staff do not investigate these reports or provide services to these children under the umbrella of abuse or neglect; however, some assistance may be offered as a casework-related special request. Staff may also refer these reports to other program areas or to community programs and agencies.
SWI staff notify law enforcement officials about these reports when they contain indications of criminal offenses.
If a report clearly does not involve child abuse or neglect, or risk of abuse or neglect, SWI provides information and refers the reporter, if available, to other services that may help the child and family. Reports about the following types of circumstances are not considered allegations of abuse or neglect, or risks of abuse or neglect, unless accompanied by some other information that appears to involve abuse or neglect.
- 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 (CHINS) – Children, ages 10 to 17, who are before a juvenile court for offenses under Section 51.03(b) of the Texas Family Code.
- Reasonable physical discipline – Physical discipline appropriate to a child's age without injuries or substantial risk of harm.
- 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.
Reports about the following types of circumstances are not investigated by CPI, unless accompanied by other information that appears to involve a risk or occurrence of abuse or neglect:
- Potential for abuse or neglect – A situation involving a remote possibility, but not a substantial risk or genuine threat, of child abuse or neglect.
- Inadequate supervision – Insufficient supervision of a child according to community standards, but without bodily injury or a substantial risk of harm.
- Inadequate physical care – Insufficient provision 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.
Youth’s Partner as an Alleged Perpetrator
In most cases, a youth’s sexual partner is not designated an alleged perpetrator against the youth, even if residing in the same home, because this person is not traditionally 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.
2123 Children Not Yet Born or Not Born Alive
CPS September 2023
Reports involving children who have not yet been born or who were not born alive are not within CPI authority to investigate for abuse or neglect, unless:
- There are other children in the home alleged to be abused or neglected or at risk of future abuse or neglect.
- The birth is imminent and the child (if born alive) will likely be born addicted to alcohol or a controlled substance.
When the child has not yet been born, CPI may initiate a casework-related special request to respond to concerns of medical professionals or other professionals, and to assess the situation after the birth to determine if an abuse or neglect report is needed.
2130 The Roles of SWI and CPI During Intake
CPS September 2023
Intake begins when DFPS staff receive a written or spoken report of any kind. The report may or may not contain information about child abuse or neglect. See 1411 Types of Cases and Stages of Service.
The Role of SWI
SWI is the initial point of contact for persons who report abuse or neglect.
Based on the information received, the SWI intake specialist decides whether to refer a case to CPI for investigation and assessment.
If the SWI worker assigns initial priority, then refer the case to CPI. The CPI supervisor assigns an initial level of priority to recommend how quickly CPI must respond, based on the current risk or danger to the child.
Roles of the CPI Caseworker and Supervisor
Once CPI receives the intake from SWI, the CPI supervisor:
- Reviews all reports referred by SWI for possible investigation.
- Decides whether to stage progress the intake to investigation.
See:
2142 Reports Accepted by CPI for Investigation and Assessment
2150 The CPI Supervisor's Role in Reviewing Reports of Abuse or Neglect
See also the Statewide Intake Policy and Procedures Handbook, 1200 Contact Information.
2131 Legal Requirements for Reporting Abuse or Neglect
CPS September 2023
Any person who has reasonable cause to believe that a child is being abused or neglected is required by Texas law to contact DFPS or law enforcement.
Mandatory Reporting for DFPS Staff and Other Professionals
A professional who has reasonable cause to believe that a child has been abused or neglected, may be abused or neglected, or that a child is a victim of an offense under Penal Code Section 21.11 (Indecency with a Child) is required by law to report the abuse or neglect within 48 hours of becoming aware of the incident. The professional cannot delegate to or rely on another person to make the report.
For the purposes of reporting, other professionals are defined as persons who, in the normal course of official duties or duties for which a license or certification is required, have direct contact with children. They also meet at least one of the following requirements. They are:
- Licensed or certified by the state.
- Employed by a facility licensed, certified, or operated by the state.
The term professional includes:
- Teachers
- Nurses
- Doctors
- Day care employees
- Employees of a clinic or health care facility that provides reproductive services
- Juvenile probation officers
- Juvenile detention or correctional officers
2132 Reporting Requirements for DFPS Staff
CPS September 2023
Like any person in Texas, DFPS staff who have reasonable cause to believe that a child has been abused or neglected are required by law to immediately report the abuse or neglect to the DFPS Statewide Intake (SWI) at 1-800-252-5400.
DFPS staff (professional and nonprofessional) are required to report, if they have reasonable cause to believe that an adult was a victim of abuse or neglect as a child, and if they determine in good faith that disclosure of the information is necessary to protect the health and safety of:
- Another child.
- An adult who is age 65 or older or has a disability.
Texas Human Resources Code §48.002(2)-(7)
2132.1 Reporting Requirements for Licensed or Certified DFPS Staff
CPS September 2023
DFPS staff who are licensed or certified are considered professional reporters and are required to report child abuse or neglect or indecency with a child within 48 hours of first suspecting it.
Professional reporters must not delegate their responsibility to another person or rely on another person to make the report.
2132.2 Reporting Requirements for All Staff When Incidents Involve Older Adults or Adults Who Have Disabilities
CPS September 2023
Any DFPS staff person who has cause to believe that any adult who has a disability or any adult who is age 65 or older is being abused, neglected, or exploited must report the situation to SWI at 1-800-252-5400.
Texas Human Resources Code §48.051
2132.3 Reporting Requirements for All DFPS Staff When a Person Refuses to Report
CPS September 2023
DFPS staff must encourage reporters to report to SWI all suspected incidents of abuse or neglect or the risk of abuse or neglect.
If a reporter refuses to report information to SWI, staff must report the information to SWI.
See also 2135 Reports Made to Field Offices.
2132.4 Exception to the Requirement That CPI Staff Notify SWI About Additional Allegations
CPS September 2023
If additional allegations of abuse or neglect involving the same family are discovered during the open investigation, the caseworker includes the additional allegations in the investigation. The caseworker does not call in a new intake into SWI.
See SWI Handbook, 4551 Clarification of Terms: Family and Multifamily Household.
2133 Special Issues Relating to Reporting Abuse or Neglect
CPS September 2023
Anonymity
Anonymous reports of abuse or neglect are not accepted by DFPS.
If a reporter makes an anonymous report to local law enforcement, and law enforcement refers the report to DFPS, a preliminary investigation will be conducted to determine if there is any evidence to corroborate the report.
Confidentiality
If a reporter requests that his or her identity be kept confidential, the intake specialist advises him that DFPS:
- May have to disclose the reporter’s identity to DFPS staff, the district attorney, the court and to law enforcement officials.
- Will not reveal the reporter’s identity to the child’s parents, to alleged perpetrators, to other children in the family, or to others without the reporter's consent, unless a court orders otherwise.
See 1450 Confidentiality of Information.
Immunity
A caseworker may inform a person who reports abuse or neglect that the law gives the reporter immunity from civil or criminal liability in any judicial proceedings that result from the report, unless the reporter is:
- Reporting his or her own conduct.
- Reporting in bad faith or malice.
Good Faith
If a reporter of abuse or neglect is a parent who is reporting the other parent in connection with a pending law suit that affects the parent-child relationship, the intake specialist may inform the reporter that false reports are admissible as evidence in any suit between parents that involves the terms of conservatorship. See Statewide Intake Policy and Procedures Handbook, 1140 Immunity and Good Faith.
Texas Human Resources Code §48.054(a),(b)
False Reporting
Intake specialists may inform any reporter of abuse or neglect that it is a Class B misdemeanor to report abuse or neglect, knowingly or intentionally, without a factual foundation. See Statewide Policy and Procedures Intake Handbook, 1150 False Reporting.
2134 Reporting Directly to SWI About Abuse or Neglect
CPS September 2023
The Necessity of Reporting Directly to SWI
The DFPS Statewide Intake Division (SWI) operates a toll-free, statewide telephone and Internet system for receiving reports of suspected abuse or neglect.
All reports must be processed by SWI, because SWI uses electronic recording systems to track and manage the reports received.
Exception
Reporters are encouraged to contact a DFPS field office when they:
- Have information about a specific case.
- Wish to speak with the DFPS caseworker assigned to a case.
Reporting by Telephone to SWI
The number to call to report abuse or neglect to the DFPS Statewide Intake (SWI) Division is 1-800-252-5400. SWI calls are electronically recorded, and SWI staff document all reports in the IMPACT case management system.
Reporting by Internet to SWI
Professionals as well as the public have the option to report abuse or neglect online, using the secure Web site maintained by the DFPS Statewide Intake (SWI) Division.
Reporting Emergencies to SWI (Phone Only)
All emergencies related to abuse or neglect must be reported to the DFPS Statewide Intake (SWI) Division by telephone at: 1-800-252-5400. See Statewide Intake Policy and Procedures Handbook, 1220 Texas Abuse Hotline Website.
2135 Reports Made to Field Offices
CPS September 2023
The public may report abuse or neglect to their DFPS field office, either in person or by phone; however, field staff must encourage reporters to report by:
- Calling the DFPS Statewide Intake (SWI) Division at 1-800-252-5400.
- Report abuse or neglect online, using SWI's secure website.
Staff may provide the reporter with a phone and a private place to make the call to SWI; however, if the reporter refuses to call, field staff must obtain the intake information and make the report.
In an emergency, field staff call the report in to SWI.
If the incident is not an emergency, field staff use SWI's secure website to report abuse or neglect online, according to the guidelines published in 2134 Reporting Directly to SWI About Abuse or Neglect, under the subheadings:
- Reporting by Internet to SWI
- Reporting Emergencies to SWI (Phone Only)
See Statewide Policy and Procedures Handbook, 1220 Texas Abuse Hotline Website.
2136 When to Notify Law Enforcement about Reports of Abuse or Neglect
CPS September 2023
DFPS Statewide Intake Division (SWI) notifies law enforcement about the following:
- Reports that CPI plans to investigate (including preliminary investigations of anonymous reports and reports merged into one open investigation), even when the reporter has already reported to law enforcement.
- Reports that SWI refers to the DFPS Child Care Investigations (CCI), or other state agencies, such as the Health and Human Services Commission (HHSC).
- Reports that the supervisor or screener closes without assignment for investigation.
- Reports that a child was abused or neglected in the distant past by a person responsible for the child's care, custody, and welfare, but the child is in no danger of further abuse or neglect, and therefore, is not in need of current protection.
- Reports of abuse or neglect by a person who is not responsible for the child's care, custody, or welfare, and any other situations that may involve criminal offenses against a child or that a law enforcement agency has asked to be advised of.
Determining Which Agency to Notify
The law enforcement agency to notify is the agency that has jurisdiction for criminal investigations of abuse or neglect in the geographical area where the alleged incident occurred. Specifically, the caseworker notifies the person or unit designated to receive reports of abuse or neglect.
If a law enforcement official is alleged to be the perpetrator, and the appropriate agency to notify is the alleged perpetrator's employer, the caseworker must notify the administrative head of the agency (for example, the chief of police or the county sheriff).
Staff may also be required to notify the county or district attorney about certain types of reports.
Timeframes for Reporting
DFPS must notify appropriate law enforcement agencies about reports of child abuse or neglect within the following time frames listed below.
Priority I Report
DFPS must give notice within 24 hours of receiving the following reports:
- A Priority I report
- A sexual abuse report
- A report alleging abuse or neglect in a public or private school
The initial notification may be given orally or electronically. This deadline applies even if subsequent information shows that the report is unfounded or does not qualify for Priority I treatment. DFPS must follow up an initial oral notification with written notification within three days after receiving the report.
All Other Reports
DFPS must send written notification of all other reports within three days of receiving them. Electronically-generated reports are considered written notification.
Reporting to Law Enforcement
The DFPS Statewide Intake (SWI) Division handles DFPS-related notifications with law enforcement.
The notifications are sent through the fax server or by e-mail before the intakes are sent to the field.
Exceptions are handled by DFPS field staff in the following circumstances:
- Sensitive intakes.
- Intakes that require special handling, because a law enforcement employee is involved.
DFPS’s written notification consists of the following:
- A copy of the intake report, generated from the IMPACT case management system.
- The law enforcement notification letter in IMPACT.
If the material is not faxed, the caseworker sends the notification in a sealed envelope marked as confidential.