Handbook Revision, November 2, 2020
This revision of the Child Protective Services Handbook was published on November 2, 2020.
On September 1, 2017, the investigations branch of CPS became a separate division named Child Protective Investigations (CPI). Until CPI develops its own policy handbook, investigation policies and procedures will remain in the CPS handbook.
See:
Child Protective Services Revisions
Child Protective Investigations Revisions
Child Protective Services Revisions
None
Child Protective Investigations Revisions
Removal (PATS 12227)
CPS and CPI are updating their removal policies to ensure they are consistent, accurately reflect the law, and provide appropriate guidance to staff.
See:
2240 Interviewing, Examining, and Transporting, and Removing a Child
2241 Constitutional Protections Under the Fourth Amendment
2242 2241 General Requirements for Consent
2242.1 2241.1 Capacity to Consent
2242.11 2241.11 Determining Whether a Child Has the Capacity to Consent
2242.2 2241.2 Authority to Consent
2242.3 2241.3 Voluntary Consent
2242.4 2241.4 Withdrawing Consent
2242.5 2241.5 Documenting Consent and Actions Taken Based on Exigent Circumstances
2243 2242 Entering the Home
2243.1 2242.1 Consent to Enter the Home
2243.11 2242.11 Who Has the Authority to Give Consent to Enter the Home
2243.12 2242.12 Consent Provided by an Adult Resident of the Home
2243.2 2242.2 Exigent Circumstances
2243.3 2242.3 Court Order
2244 2243 Interviews With Children
2244.1 2243.1 Time Frames for Interviewing Children
2244.2 2243.2 Interviewing Other Children in the Home
2244.3 2243.3 Consent to Interview a Child
2244.31 2243.31 Consent to Interview a Child at Home
2244.32 2243.32 Consent to Interview a Child at School
2244.4 2243.4 Conducting the Interview
2244.41 2243.41 Assessing Communication Needs when Interviewing a Child
2244.5 2243.5 Notifying a Parent that a Child Has Been Interviewed
2244.6 2243.6 Interviews with Children at Specialized Facilities
2244.7 2243.7 Accepting Child Interviews Conducted by Others
2245 2244 Visual Examinations
2245.1 2244.1 Consent for Visual Examination of a Child at Home or in the Presence of a Parent or Other Person Responsible
2245.2 2244.2 Consent for Visual Examination of a Child at School
2245.21 2244.21 Visual Examination of a Child at a School Under TEA Jurisdiction
2245.22 2244.22 Visual Examinations of a Child at a School Not Under TEA Jurisdiction
2245.3 2244.3 Conducting a Visual Examination
2245.4 2244.4 Audio and Visual Documentation of a Child's Interview and Injuries to the Child
2245.5 2244.5 Examinations by External Entities
2245.51 2244.51 Sexual Abuse Examinations
2245.52 2244.52 Medical, Psychological, and Psychiatric Assessments
2246 2245 Transporting a Child
2246.1 2245.1 Authority to Transport a Child From School
2246.11 2245.11 Parental Consent
2246.12 2245.12 Court Order
2246.13 2245.13 Reasonable Belief
2246.2 2245.2 Transporting a Child in Other Circumstances
2246.3 2245.3 Notifying the Parents Before Transporting a Child
2247 Removing a Child from the Child’s Home
2248 2246 Interviews and Contact with Parents, Alleged Perpetrators, Other Adults, and Principals
2248.1 2246.1 Interviewing Parents and Alleged Perpetrators
2248.11 2246.12 Assessing Communication Needs when Interviewing an Adult
2248.2 2246.2 Recording Interviews With of an Adult
2248.3 2246.3 Obtaining Demographic Information from Principals
2248.4 2246.4 Required Documents to Provide to Parents
2248.5 2246.5 Complaints or Requests for Clarification from Alleged Perpetrators or Principal Adults
2248.6 2246.6 Determining Alleged Perpetrator’s Military Status
2250 Home Visits
2251 Safe Sleep
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3220 Taking Legal Custody of Removing a Child
3221 Initiating a Removal
3221.1 Required Approvals
3221.2 Exigent Removal Without a Court Order
3221.3 Required Actions to Rescind Decision for Emergency or Nonemergency Removal
3221.4 Documents That Must be Provided to Parents in Exigent Circumstances
3221.5 Explaining the Process to Parents and Caregivers
3221.6 Gathering Information from Parents and Children
3221.7 Explaining the Removal to the Child
3222 Making a Placement in Substitute Care
3223 Discussion of Child's Needs
3224 Notification
3225 Court Filings
3221 3226 Notification and Conservatorship Caseworker Assignment
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5400 From Removal to the Adversary Hearing
5410 Types of Court Orders and the Process for Obtaining a Court Order for Removing a Child
5411 Obtaining a Court Order Before Conducting an Emergency Removal
5411.1 Standard for Obtaining a Court Order Before Conducting an Emergency Removal
5411.2 Basic Process for Obtaining a Court Order Before Conducting an Emergency Removal
5411.3 Standards for Court’s Decision for Granting an Order to Removal the Child in an Emergency
5412 Conducting an Emergency Removal Before Obtaining a Court Order
5412.1 Standard for Conducting an Emergency Removal Before Obtaining a Court Order
5412.11 Exigent Circumstances
5412.2 Basic Process for Conducting an Emergency Removal Before Obtaining a Court Order and for Filing a Petition After an Emergency Removal
5412.3 Standards for the Court’s Decision at the Ex Parte Emergency Hearing After Removal
5412.4 Process When an Emergency Hearing Is Not Held Within the Required Time Frame
5413 Conducting a Nonemergency Removal
5413.1 Standard When Conducting a Nonemergency Removal
5413.2 Basic Process When Conducting a Nonemergency Removal
5414 Obtaining a Waiver of the Requirement to Provide Notice of Removal
5415 Rescinding the Decision for Emergency or Nonemergency Removal
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5431 Requirements for the Adversary Hearing
5431.1 Evidence Required on Request Prior to Adversary Hearing
5431.11 Required Information Provided to the Court Before the Adversary Hearing
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6120 Initial CVS Caseworker Activities
6121.1 Initial Removal: CVS Caseworker Must Take Actions Not Taken by Removal Worker
6122 Consulting With Staff After a Child Is Removed
6121 6122.1 Schedule Complete a Post-Removal Transfer Staffing
6122.2 Scheduling a Transfer Visit
6122 6121 Required Tasks at Conservatorship Assignment
6123 6121.2 Ongoing Duty to Provide Initial Removal: Providing Notice of CPS Conservatorship
6124 6123 Case Conference and Supportive Supervision in CVS, Local Permanency, and Kinship
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12670 Removing a Child