Handbook Revision, June 1, 2021
These revisions of the Child Protective Services Handbook were published on June 1, 2021.
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
Legal Foundation for Child Protective Services (PATS 12627)
This handbook revision updates policy relating to the legal foundation for Child Protective Services.
See:
1200 Legal Foundation Bases for Child Protective Investigations and Child Protective Services
1210 Governing State Laws Governing DFPS
1211 Texas Human Resources Code
1212 Texas Family Code
1212.1 Texas Family Code Chapter 261 (Legal Definitions of Abuse and Neglect)
1212.2 Texas Family Code Chapter 262 (Removal of Neglected Children)
1212.3 Texas Family Code Chapter 263 (Review of Placement of Children Under in DFPS Conservatorship)
1212.4 Texas Family Code Chapter 264 (Child Welfare Services Protection of Children in Conservatorship or Substitute Care)
1212.5 Texas Family Code Chapter 266 (Medical Care and Educational Services for Children in DFPS Conservatorship Medical Care and Health Passports for Children Under DFPS Conservatorship)
1213 Texas Administrative Code
1220 The U.S. Constitution and Governing Federal Laws
1221 Constitutional Protections Under the Fourth Amendment
1221.1 Definitions of Search and Seizure
1221.2 Definition of Imminent and Exigent
1221 1222 Federal Funding Under the Social Security Act
1221.1 1222.1 Title IV-A and Temporary Assistance for Needy Families
1221.2 1222.2 Title IV-B Child Welfare Services
1221.21 1222.21 Title IV-B, Subpart 1 (The Stephanie Tubbs Jones Child Welfare Services Program)
1221.22 1222.22 Title IV-B, Subpart 2 (Promoting Safe and Stable Families)
1222 1223 Title IV-E, Federal Payments for Foster Care, Adoption Assistance, and PCA Payments
1223 1224 Child Abuse Prevention and Treatment Act (CAPTA)
1224 1225 Indian Child Welfare Act
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Definitions of Terms
CPS Releasing Information and Using Children’s Photos (PATS 12677)
This update streamlines the section of policy about releasing information and using children’s photos. This revision also includes the sections about closing cases, records retention, and case conferences.
Note: The sections about Disability Rights Texas and releasing information to military personnel have been renumbered but not revised.
See:
1453.6 Releasing Information to Court-Appointed Attorneys and Guardians Ad Litem
1453.61 1453.7 Sharing Information With Releasing Information to Court-Appointed Special Advocates CASA Staff and Volunteers
1453.7 1453.8 Protecting Locating Information of Family Violence Victims of Family Violence, Sexual Assault or Abuse, Trafficking, or Stalking
1454 Releasing Information to Obtain Services for the Child
1454.1 Releasing Information to the Caregiver of a Child in Conservatorship
1454.2 Releasing Information Dduring Family Meetings
1454.3 Releasing Information to Access Health Care or Social Services
1454.31 Releasing Information on a Child Not in DFPS Conservatorship
1454.32 Releasing Information on a Child in Conservatorship
1454.4 Releasing Information to Access Education Services
1454.41 Releasing Information on a Child Not in DFPS Conservatorship
1455.42 Releasing Information on a Child in Conservatorship
1454.5 Releasing Information to Adoptive or Prospective Adoptive or Adoptive Parents
1454.6 Sharing Information with Juvenile Service Certain Providers Who Serve Children and Youth
1454.7 Sharing Information with Texas State and Local Juvenile Justice Agencies
1455 Releasing or Using Children’s Photographs or and Images
1455.1 DFPS and the Child’s Consent Required
1455.1 When Children May Release or Use Photos of Themselves
1455.2 When a Caregiver May Release or Use Photos of the Child
1455.11 Exception When Only the Child’s Consent Is Required
1455.3 1455.12 Exception When the Child’s Consent Is Not Required for Use of Photos
1456 Special Types of Information or Situations
1456.1 Release of Information on a Child Fatality Investigation
1456.2 Release of Abortion Information
1456.21 Releasing Abortion Information on a Child Not in DFPS Conservatorship
1456.22 Releasing Abortion Information on a Child in Conservatorship
1456.3 HIV Information
1456.4 Drug or Alcohol Treatment Records Pertaining to about a Child
1456.5 Privileged Communications
1456.5 1456.6 Disability Rights Texas
1456.6 1456.7 Releasing Information to Military Personnel
1456.7 1456.8 Media Inquiries or and Requests from Legislative Offices
1457 Subpoenas
1458 Public Information (Open Records) Requests
1460 Closing Cases
1461 Phase 1: Discontinuing Services
1461 1462 Phase 2: Closing a Cases in IMPACT
1462 1463 Phase 3: Preparing the Paper File (External Record)
1462.1 1463.1 Unit Staff Responsibilities
1462.2 1463.2 Items Retained in the Paper Case File External Record
1462.3 1463.3 Items Returned to the Child When a Conservatorship Case Is Closed
1463.4 Items Removed From the File When Closing FBSS or Conservatorship Cases
1464 Administrative Closure of Cases
1470 Retention and Disposal Disposition of Case Information
1480 Workload Management System
1480 1481 Workload Management – Case Conferences and Supportive Supervision
Child Protective Investigations Revisions
Interviews with Children (PATS 12272)
This policy revision adds a section to state that the caseworker documents which person gave consent for the interview and audio recording of the child as an alleged perpetrator.
See:
2244.8 Interviews with a Child Who Is Alleged to Be a Victim and a Perpetrator