Handbook Revision, September 1, 2023
These revisions of the Child Protective Services Handbook were published on September 1, 2023.
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
Criminal Activity and Termination of Parental Rights (PATS 14006)
This handbook revision adds the conviction for the criminal or online solicitation of a minor to the list of grounds for termination of parental rights. This update is necessary to comply with House Bill 2658, 88th Texas Legislature, Regular Session.
See:
5564.14 Criminal Activity and Imprisonment
Releasing Criminal History Info (PATS 14011)
This handbook revision updates policy about the requirements for not disclosing or releasing FBI information. This policy change is due to HB 4123 from the 88th Texas Legislative Session and FBI disclosure rules.
See:
1453 Releasing Information for the Safety or Protection of a Child or Family, or for Legal Processes
1453.1 Sharing Information During the Course of an Investigation
1453.2 Releasing Information to Locate Missing Parents or Children
1453.3 General Prohibition against the Release of Criminal History Records Information
1453.31 Exception Allowing Release of Information for Court and Administrative Hearings
1453.32 Exception Allowing Release of Information for Child Safety or to Carry Out Certain DFPS Functions
1453.323 Releasing Information for the Child’s Safety
1453.334 Criminal History Information Policy
1453.345 Texas Law Enforcement Telecommunications System (TLETS)
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1453.41 Sharing Information during an Open Investigation
1453.42 Sharing Information after the Investigation is Closed
1453.43 Sharing Information with Law Enforcement about Criminal Activity at Any Case Stage
1453.5 Releasing Information to the Family Court, or to Comply with a Court Order
1453.6 Releasing Information to Court-Appointed Attorneys and Guardians Ad Litem
1453.61 Releasing Information to CASA Staff and Volunteers
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1830 People on Whom Criminal Records Checks Can Be Made
1840 Limited Disclosure and Release of Criminal History Records Information (CHRI)
1841 Definition of Disclosure
1842 Releasing of a Copy of the DPS Criminal Records Check
Written Home Assessment (PATS 14013)
This policy revision adds a section called Time Frames for Completing Home Assessments to reflect the requirement for staff to record each of the designated intervals in the home assessment process in the electronic tracking system. This revision is due to House Bill 135 Tracking of Kinship Home Assessment from the 88th Legislature, Regular Session.
See:
6623.2 The Written Home Assessment
6623.21 Time Frames for Completing Home Assessments
6624 Obtaining CPS Approval of the Home Assessment and Placement of a Child in a Kinship Home
6624.1 Appeal Process for Denied Home Assessment
6624.11 Notifying the Kinship Caregiver of the Appeal Process
6624.12 Conducting the Appeal
6624.13 Notifying the Kinship Caregiver of the Appeal Determination
6624.14 Case Documentation
6625 Requirements for a Kinship Safety Evaluation (KSE)
Child Protective Investigations Revisions
Assessing Criminal History Offenses and Convictions for Safety Plan Monitors and PCSPs (PATS 13949)
Updated Appendix 4525, Chart 1, aligns with Kinship placement’s review of criminal history for Safety Plan Monitors and Parental Child Safety Placement (PCSP) caregivers.
See:
Appendix 4525: Offenses from the Texas Penal Code and Other Codes
Chart 1: Assessing Criminal History Offenses and Convictions for Safety Plan Monitors and PCSPs
Reports Not Within CPI Authority to Investigate (PATS 13970)
Policy is being updated to clarify when law enforcement should be contacted regarding allegations of abuse or neglect.
Policy language is also being updated to match current practice and protocols.
See:
2122 Reports Not Within CPI CPS Authority to Investigate
2123 Children Not Yet Born or Not Born Alive
2130 The Roles of SWI and CPI CPS During Intake
2131 Legal Requirements for Reporting Abuse or Neglect
2132 Reporting Requirements for DFPS Staff
2132.1 Reporting Requirements for Licensed or Certified DFPS Staff
2132.2 Reporting Requirements for All Staff When Incidents Involve Older Adults or Adults Who Have Disabilities
2132.3 Reporting Requirements for All DFPS Staff When a Person Refuses to Report
2132.4 Exception to the Requirement That CPI Staff Notify SWI About Additional Allegations
2133 Special Issues Relating to Reporting Abuse or Neglect
2134 Reporting Directly to SWI About Abuse or Neglect
2135 Reports Made to Field Offices
2136 When to Notify Law Enforcement About Reports of Abuse or Neglect
Address Confidentiality Program (PATS 13995)
This policy revision adds “child abduction” to the types of maltreatment that make a victim eligible for the Address Confidentiality Program. This revision meets requirements in House Bill 1161, 88th Legislature, Regular Session.
See:
1453.7 Protecting Locating Information of Victims of Family Violence, Sexual Assault or Abuse, Trafficking, or Stalking, Child Abduction, or Trafficking
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2340 OAG Address Confidentiality
Safety Plan When Danger to a Child Is Present (PATS 14010)
These policy sections were updated to reflect HB 730 legislative requirements regarding the following:
- PCSPs automatically terminate 30 calendar days after the agreement is signed or the child is placed with PCSP caregiver.
- DFPS staff must notify parents of their right to consult an attorney before agreeing to a PCSP.
- DFPS is allowed two additional 30-day extensions.
- A PCSP may not be implemented longer than 90 calendar days in total, unless the agreement is signed by the parent and the parent’s attorney.
See:
3210 Safety Plan
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3212 Assessing the Child’s Safety Before Implementing a Safety Plan or Family-Initiated Parental Child Safety Placement (PCSP)
3212.1 Assessment of Caregivers
3212.2 Completing Background Checks
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3212.4 Safety Evaluation
3212.5 Supervisor Approval or Denial of a Safety Plan or Family-Initiated PCSP
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3213.2 Required Ongoing Contacts During a Family-Initiated PCSP
3214 Extending a Family-Initiated PCSP Past 60 30 Days