4000 Child Protective Investigations and Services (CPI and CPS)
SWI Policy and Procedures July 2024
The Texas Family Code §261.301 authorizes the Department of Family and Protective Services (DFPS) to investigate the abuse and neglect of children and to provide protective services to identified victims. The process is as follows:
- Statewide Intake (SWI) receives information alleging abuse and neglect.
- The intake specialist determines if legal definitions of abuse or neglect are met.
- If legal definitions are met, the intake specialist completes an intake and refers it to the appropriate Child Protective Investigations (CPI) office for investigation.
After an investigation, Child Protective Services (CPS) may provide interventions or services to families.
The intake specialist refers information about families receiving these services to CPS in the form of an Information & Referral (I&R).
Statutory and Agency Definitions
Alleged Sex Offender – Any person 10 years old and above who is alleged to have sexually abused or sexually assaulted someone, whether the victim was a child or an adult. The alleged sex offender does not have to have a criminal conviction or be on the sex offender registry.
See 2252 Alleged Perpetrator (AP).
Conservators – People, usually parents, who are in charge of the child or have custody. The type of conservatorship determines the legal rights and duties that each parent has regarding the child. A managing or possessory conservator is a person legally responsible for a child as the result of a court order.
40 Texas Administrative Code 707.451(a)(12)
Family – These are individuals who are:
- Related by blood, adoption, or marriage.
- Former spouses of each other.
- The biological parents of the same child, without regard to marriage.
- Foster children and foster parents, without regard to whether these individuals reside together.
Fictive Kin – Someone who is not related to a child, but who has, or who once had, a prior longstanding relationship with the child or the child’s sibling group. Teachers, coaches, family friends, godparents, and long-time neighbors are examples of people who may be fictive kin.
Household – A unit composed of persons living together in the same dwelling, whether they are related to each other or not. A member of a household includes a person who previously lived in a household.
A child’s household may include the following:
- The households of both parents, even when the parents reside separately.
- A household in which the parent has arranged for or authorized placement of the child.
- A household in which the child is legally placed by a parent or a court.
40 Texas Administrative Code 707.451(a)(9)(A)(i, ii & iii)
An unrelated person who resides elsewhere, or whose place of residence cannot be determined, is a member of the household if the person is at least 10 years old and either of the following applies:
- The person has regular free access to the household.
- When in the household dwelling, the person takes care of or assumes responsibility for children in the household.
40 Texas Administrative Code 707.451(a)(9)(B)(i & ii)
Joint Managing Conservatorship – The sharing of the rights and duties of a parent by two parties, ordinarily the parents, even if the exclusive right to make certain decisions may be awarded to one party. Joint managing conservatorship does not require the award of equal or nearly equal periods of physical possession of the child. A sole managing conservator or a primary joint managing conservator has the exclusive right to designate the residence of the child.
Managing Conservator – A sole person or joint persons who make major decisions regarding the care of the child. Decisions include things such as:
- Consent to medical, dental, and surgical treatment involving invasive procedures.
- Consent to psychiatric and psychological treatment.
A primary managing conservator has the exclusive right to determine the primary residence of the child.
Texas Family Code §153.132(1-10)
Parent – The mother, a man presumed to be the biological father or who was adjudicated to be the biological father by a court, or an adoptive mother or father. The term does not include a parent whose parent-child relationship was terminated.
40 Texas Administrative Code 707.451(a)(13)
Possessory Conservator – A person who is not appointed as a sole or joint managing conservator, but who has the right to have physical possession of the child. This person has rights and duties while the child is in his or her possession such as:
- Directing moral and religious training.
- The duty of care, control, protection, and reasonable discipline.
- The duty to support the child, including clothing, food, shelter, medical and dental care, and education.
This person does not have the right to determine primary residence and often does not have the right to make major decisions.
See Child Protective Services Handbook:
2112 Primary Statutory Definitions
2114 Statutory Definition of Person Responsible for Child's Care, Custody, or Welfare
2115 Terms Used in Primary Statutory Definitions
4100 CPI and CPS Person List
SWI Policy and Procedures July 2024
The person listof an intake for CPI includes the victim, the alleged perpetrator, and others who might have additional information.
4110 Type
SWI Policy and Procedures December 2023
The intake specialist designates each person on the Person List with an appropriate person type. A person is a principal (PRN) or collateral (COL). The intake specialist requests identifying and locating information for all principals and contact information for at least one relevant collateral.
4111 Principal (PRN)
SWI Policy and Procedures July 2024
CPI and CPS define a principal (PRN) as:
- A child victim (VC) or children victims (VCs) of alleged abuse or neglect who need protection.
- Each alleged perpetrator (AP) or victim/perpetrator (VP) of child abuse or neglect.
- All siblings in the household.
- All parents of the child, either in or out of the household.
- Any traditional parent substitutes, caregivers, or other adults who are part of the household.
- People appointed by the court as sole or joint managing conservators.
- People appointed by the court as managing or possessory conservators.
- Any child placed in the home because of a Parental Child Safety Placement (PCSP). See Child Protective Services Handbook, 3210 Safety Plan.
4112 Collateral (COL)
SWI Policy and Procedures December 2020
CPI and CPS define a collateral as any of the following:
- Witnesses.
- People with additional information about the situation.
- Children residing in the household who are victims in a companion CPI intake.
- Family members of the victim child in school reports.
See 2270 Demographics.
For exceptions, see:
4113 Anonymous Reporters
SWI Policy and Procedures September 2023
A reporter may remain anonymous when making a report of abuse, neglect, or exploitation under the investigative jurisdiction of any program except Child Protective Investigations (CPI). SWI cannot accept reports of child abuse or neglect under CPI’s jurisdiction if the reporter chooses to remain anonymous.
See:
4120 Roles
SWI Policy and Procedures December 2020
CPI uses the following roles:
- Alleged Victim (VC)
- Alleged Perpetrator (AP)
- Victim Perpetrator (VP)
- Unknown Role (UK)
- No Role (NO)
4121 Alleged Victim (VC)
SWI Policy and Procedures July 2024
CPI defines an alleged victim (VC) as a person younger than 18 who meets all the following criteria:
- Is not or has not been married.
- Is not legally emancipated.
- Is alleged to have been abused or neglected.
In a CPI intake, the intake specialist only designates a child who is an actual victim in a reported incident of abuse or neglect as a VC. The intake specialist designates roles of other children in the home as Unknown (UK). See 4124 Unknown Role (UK).
Child Not Yet Born or Not Born Alive
Reports involving children who have not yet been born or who were not born alive are not within CPI’s investigative authority.
For exception, see 4510 Pregnancy and Newborns.
4122 Alleged Perpetrator (AP)
SWI Policy and Procedures July 2024
CPI defines an alleged perpetrator (AP) as a person traditionally responsible for the child’s care, custody, or welfare who is suspected of abusing or neglecting a child, including the following:
- Child’s parent, guardian, managing or possessory conservator.
- Members 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
- Members of the child’s home, including:
- People living together in the child’s home, whether or not they are related to each other.
- A person who previously lived in the home when the abuse or neglect occurred.
- 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.
- School personnel or volunteers at the child’s school. See 4521.2 Criteria for an Alleged Perpetrator (AP) in School Reports.
- DFPS employee, contracted staff, volunteer, intern, or Single Source Continuum Contractor (SSCC) when a child is in DFPS conservatorship, including a child temporarily without placement. See Child Protective Services Handbook, 2121.1 DFPS Employee or Single Source Continuum Contractor (SSCC) Abuse or Neglect Investigations.
4122.1 Unknown Alleged Perpetrator
SWI Policy and Procedures July 2024
The intake specialist completes an intake when the identity of the alleged perpetrator (AP) is unknown, but the abuse or neglect could have reasonably resulted from an act or failure to act by a person who meets the criteria of an AP.
When allegations meet legal definitions of abuse or neglect, but the identity of the AP is unknown, the intake specialist does not add an Unknown person to the person list. Instead, the intake specialist designates the appropriate allegation for each victim without adding an AP. For example: A toddler is found wandering around an apartment complex unattended. It is unknown who is responsible for the toddler’s care at the time of the report. The intake specialist completes an intake. The toddler is listed as a victim and the AP field is left blank.
4122.2 Child as an Alleged Perpetrator
SWI Policy and Procedures July 2024
The intake specialist designates a child age 10-17 as an alleged perpetrator (AP) in a CPI intake if they meet the criteria for adult perpetrators above. Field staff may determine during the course of an investigation that a child’s developmental level excludes him or her from being designated as an AP. The intake specialist uses the child’s chronological age to determine eligibility as an AP at the intake level. The intake specialist documents all known special needs, including developmental level, in the narrative.
See 4123 Alleged Victim Perpetrator (VP).
4122.3 Youth's Partner as an Alleged Perpetrator
SWI Policy and Procedures October 2023
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.
Example 1: A youth runs away to live with the youth’s boyfriend, who then physically abuses the youth. CPI does not investigate the boyfriend as an alleged perpetrator.
Example 2: A youth’s adult partner lives in the house with the youth and is having a sexual relationship with the youth. The partner is not designated as an alleged perpetrator. Instead, the youth’s parent or caregiver may be assigned the role of alleged perpetrator.
Example 3: A youth’s partner lives in the home with the family. The partner punches the youth’s three-year-old sibling in the face. The partner is an alleged perpetrator of PHAB against the young child.
See 4532 Sexually Active Youth Ages 14 to 17.
4122.4 Deceased Alleged Perpetrator
SWI Policy and Procedures July 2024
The intake specialist can designate a deceased person as an alleged perpetrator (AP). The intake specialist assesses priority of the intake (P1, P2, or PN) based on the following:
- When the abuse or neglect occurred.
- Current safety factors.
- Case history.
If the AP is deceased, the intake specialist takes the following steps:
- Completes a P1 or P2 intake when either of the following are true:
- The abuse or neglect is recent.
- The abuse or neglect is not recent, but other APs, in addition to the deceased AP, pose an existing safety threat to the child.
- Completes a PN intake when either of the following are true:
- The abuse or neglect happened in the past and no current safety factors exist.
- IMPACT history shows that the abuse or neglect being reported has already been investigated.
In all cases, the intake specialist includes the deceased AP on the person list. When the date of death is known, the intake specialist enters it on the Person Detail page in the Date of Death field.
See:
DFPS Rules, 40 Texas Administrative Code §707.515, Roles Alleged at Intake
Child Protective Services Handbook, Appendix 2472.1-B: Definitions of Roles
4123 Alleged Victim Perpetrator (VP)
SWI Policy and Procedures March 2023
CPI defines an alleged victim perpetrator (VP) as a child for whom all of the following are true:
- Is age 10 and older.
- Is alleged to be a victim of abuse or neglect.
- Is a perpetrator of abuse or neglect with respect to another child within the same intake.
See Child Protective Services Handbook, Appendix 2472.1-B: Definitions of Roles.
4124 Unknown Role (UK)
SWI Policy and Procedures July 2024
When the intake specialist has insufficient information to determine if a principal is an alleged victim or alleged perpetrator, he or she designates the person a role of Unknown (UK). In a CPI intake, the intake specialist only designates a child who is an actual victim (VC) in a reported incident of abuse or neglect as a VC. The intake specialist designates the roles of other children in the home as Unknown (UK). See 4121 Alleged Victim (VC).
4125 No Role (NO)
SWI Policy and Procedures July 2024
If a person is clearly not involved as an alleged victim (VC) or alleged perpetrator (AP), the intake specialist designates him or her a role of No Role (NO). However, this is often difficult to determine at the intake level. In CPI intakes, the intake specialist only designates a collateral as No Role (NO). The intake specialist designates principals not clearly defined as a VC or AP as Unknown (UK).
See:
4130 Relationship or Interest (Rel/Int)
4130 Relationship or Interest (Rel/Int)
SWI Policy and Procedures March 2023
The eldest Alleged Victim (VC) is assigned the Rel/Int of Oldest Victim (OV). All other individuals on the person list are assigned the Rel/Int option that best describes that person’s relationship to the OV.
4140 Person List Considerations for CPI Intakes
4141 Person List with Limited or Unknown Information on Household Members
SWI Policy and Procedures July 2024
The intake specialist creates an entry on the person list to represent each household member when information is available to identify the individual or his or her relationship to the oldest victim (OV).
When that information is not available, the intake specialist does the following:
- Does not add the individual to the person list.
- Documents knowledge of the household member in the narrative’s household composition paragraph.
- Adds a statement to clarify that the reporter was unable to provide specific identifying information on the household member.
Example:
Household consists of eight-year-old oldest victim (OV), six-year-old female sibling (SB), mother (AP), maternal uncle (AU), two-year-old male, two adult females, and approximately four other children between 5-12 years old. Names, exact ages, and relationships of additional household members are unknown.
In this scenario, the only household members on the person list are the eight-year-old, six-year-old, mother, and uncle.
4142 Person List Involving a Child Death Report
SWI Policy and Procedures March 2023
For specific instructions in documenting the person list for reports involving a child death, see:
4631 Death of a Child Not in DFPS Conservatorship
4632 Death of a Child While in DFPS Conservatorship
4200 CPI Allegations
SWI Policy and Procedures March 2023
Each report is assessed on a case-by-case basis. It is essential for the intake specialist to consult SWI policy, state statutes, applicable resources, and use his or her professional judgment to determine if one or more allegations are supported. If at least one allegation is supported, the intake specialist completes an intake.
4210 Abuse Allegations
SWI Policy and Procedures March 2023
CPI investigates abuse allegations of:
- Emotional abuse
- Labor trafficking
- Sex trafficking
- Physical abuse
- Sexual abuse
4211 Emotional Abuse (EMAB)
SWI Policy and Procedures March 2023
Emotional abuse causes a mental or emotional injury, or causes or permits a child to be in a situation in which the child sustains a mental or emotional injury. The injury results in an observable and material impairment in the child’s growth, development, or psychological functioning.
Texas Family Code §261.001(1)(A),(B)
Controlled Substances
Controlled substances are defined in the Texas Health and Safety Code, Chapter 481.
If a child is emotionally or mentally injured as a result of a caregiver using controlled substances, the intake specialist uses the EMAB allegation.
4212 Human Trafficking
SWI Policy and Procedures March 2023
CPI reports use two human trafficking allegations: Labor trafficking (LBTR) and sex trafficking (SXTR).
4212.1 Labor Trafficking (LBTR)
SWI Policy and Procedures March 2023
Labor trafficking is any of the following:
- Knowingly causes, permits, encourages, engages in, or allows a child to be trafficked in a manner punishable as an offense under Texas Penal Code §20A.02(a)(5) or (6).
- The failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of these sections. See Texas Family Code §261.001(1)(L).
- To entice, recruit, harbor, transport, enslave, or provide to others or obtain for oneself a child for labor or services through force, fraud, coercion, or exploitation. It involves giving or receiving money, goods, or services as payment, including the child’s services, and a pervasive loss of freedom for the child.
Control can be exerted or shown as follows:
- Threats of deportation, physical or other types of harm to the child or the child’s family.
- Evidence of withholding or destroying of the child’s legal documents.
- Causing the child or child’s family to become indebted to the trafficker.
- Restricting the child’s movement, communication, or ability to live a normal life.
- The detrimental nature of the work to the health, safety, or well-being of the child.
- Use of physical, verbal, sexual intimidation, or other types of manipulation to cause the child to feel helpless or in fear of the trafficker.
It is met whether the child actually engages in forced labor or services or simply faces a substantial risk of doing so.
According to the Texas penal code, a person commits an offense if the person knowingly does either of the following:
- Traffics a child with the intent that the trafficked child engages in forced labor or services. See Texas Penal Code §20A.02(a)(5).
- Receives a benefit from participating in a venture that involves an activity described by subdivision (5) of Texas Penal Code §20A, including by receiving labor or services the person knows are forced labor or services. See Texas Penal Code §20A(a)(6).
Texas Penal Code §20A.02(a)(5) and (a)(6)
Forced labor or services means labor or services, other than sexual conduct, that another person performs or provides under force, by fraud, or coercion.
The intake specialist completes an intake for CPI with an allegation of labor trafficking when a parent or other person responsible for a child uses force, fraud, or coercion and does any of the following:
- Knowingly provides the child to others for labor or services.
- Uses the child him- or herself.
- Allows the child to be trafficked.
- Controls the child and makes the child believe that he or she has no other choice but to continue with the labor or services, resulting in a loss of freedom for the child.
- Receives a monetary or nonmonetary benefit for the child’s labor or services. Benefits include, but are not limited to, money, goods, services, or drugs.
- A parent or other person responsible for a child does not make a reasonable effort to prevent a child from being labor trafficked as described above.
If the labor or services constitute sexual conduct, the abuse is then considered sex trafficking.
Work Situations That Do Not Involve Labor Trafficking
Labor trafficking does not include normal contributions to family and community life, including any of the following:
- Performing chores inside and outside of the home.
- Requiring a child to work in the family business without pay.
- Requiring a child to work in agriculture or farming as part of the family’s business or means of earning a living.
- Other forms of labor or services specified under Texas Labor Code §51.003.
Per Texas Family Code §151.001(5), a parent of a child has the right to “the services and earnings of the child.” CPI recognizes a parent’s reasonable requirements for a child to perform chores or work and to determine appropriate recompense to the child for the services. This does not constitute forced labor or services.
Work or services provided in these situations should be appropriate to the child’s age and not result in substantial harm from physical injury or genuine threat of substantial harm from physical injury.
4212.2 Sex Trafficking (SXTR)
SWI Policy and Procedures March 2023
Sex trafficking is any of the following:
- Knowingly causes, permits, encourages, engages in, or allows a child to be trafficked in a manner punishable as an offense under Texas Penal Code §20A.02(a)(7) or (8).
- The failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of these sections.
- To compel or encourage a child to engage in sexual conduct as defined by Texas Penal Code §43.01. See Texas Family Code §261.001(1)(G)(L)
- To entice, lure, recruit, harbor, transport, enslave, sell, or hold captive to provide to others or obtain for oneself a child for sexual conduct. It involves giving or receiving money, goods, or services as payment, including the child’s sexual services, and a pervasive loss of freedom for the child.
Sex trafficking does not require force, fraud, or coercion. It occurs even if it appears that the child agrees with the conduct or does not consider him- or herself to be a victim.
Control can be exerted or shown as follows:
- Threats of deportation, physical or other types of harm to the child or the child’s family.
- Evidence of withholding or destroying of the child’s legal documents.
- Causing the child or child’s family to become indebted to the trafficker.
- Restricting the child’s movement, communication, or ability to live a normal life.
- Using physical, verbal, or other types of intimidation or manipulation to cause the child to feel helpless or in fear of the trafficker.
According to the Texas Penal Code §20A.02(a)(7)(8), a person commits an offense if he or she:
- Knowingly traffics a child and, by any means, causes the trafficked child to engage in or become the victim of conduct prohibited by the following Texas Penal Codes:
- Section 21.02, Continuous Sexual Abuse of Young Child or Disabled Individual
- Section 21.11, Indecency with a Child
- Section 22.011, Sexual Assault
- Section 22.021, Aggravated Sexual Assault
- Section 43.02, Prostitution
- Section 43.021, Solicitation of Prostitution
- Section 43.03, Promotion of Prostitution
- Section 43.031, Online Promotion of Prostitution
- Section 43.04, Aggravated Promotion of Prostitution
- Section 43.041, Aggravated Online Promotion of Prostitution
- Section 43.05, Compelling Prostitution
- Section 43.25, Sexual Performance by a Child
- Section 43.251, Employment Harmful to Children (sexually oriented commercial activity)
- Section 43.26, Possession or Promotion of Child Pornography
- Receives a benefit from participating in a venture that involves an activity described.
- Engages in sexual conduct with a child who is being trafficked in the manner described.
The intake specialist completes an intake for CPI with an allegation of sex trafficking when a parent or other person responsible for a child does any of the following:
- Knowingly provides the child to others.
- Uses or obtains the child for him- or herself
- Allows the child to engage in or become the victim of any of the offenses listed in Texas Penal Code §20A.02(a)(7).
- Controls the child and makes the child believe that he or she has no other choice but to continue engaging in the offenses listed in Texas Penal Code §20A.02(a)(7).
- Gives or receives a monetary or nonmonetary benefit from the child’s participation in any of the offenses listed in Texas Penal Code §20A.02(a)(7). Benefits include, but are not limited to, money, goods, sexual services, or drugs.
- A parent or other person responsible for a child fails to make a reasonable effort to prevent a child from being sex trafficked as described above.
4212.3 Labor or Sex Traffickers Not Investigated by CPI
SWI Policy and Procedures July 2024
The intake specialist does not designate a person who is not responsible for the child’s care, custody, or welfare, as defined in 4122 Alleged Perpetrator (AP), as an alleged perpetrator (AP) in a CPI intake.
CPI does not investigate claims of trafficking when all three of the following conditions are met:
- A child leaves home without the consent of his or her family and lives with a person alleged to be trafficking the child.
- The AP is neither related to nor legally responsible for the child.
- The parent or caregiver did not cause, encourage, engage in, or allow trafficking, or fail to make reasonable effort to prevent trafficking.
For example, when a child leaves home or runs away to live with the child’s boyfriend, who then traffics the child for purposes of labor or services, CPI does not investigate the boyfriend as an AP because the boyfriend is not traditionally responsible for the child’s care, custody, or welfare.
4212.4 Law Enforcement Notification for Trafficking Reports
SWI Policy and Procedures July 2024
See 2676 When the Abuse or Neglect Incident Involves Human Trafficking.
4213 Physical Abuse (PHAB)
SWI Policy and Procedures March 2023
Physical abuse is defined as any intentional act causing injury or trauma to another person. The components of physical abuse include:
- Physical injury
- Failure to protect
- The use of controlled substances
Physical Injury
Physical injury is any of the following:
- An injury that substantially harms a child.
- A genuine threat of substantial harm from physical injury to a child.
- An injury that does not match the history or explanation given.
Physical injury does not include the following:
- An accident.
- Reasonable discipline by a parent or caregiver that does not expose a child to a substantial risk of harm.
Texas Family Code §261.001(1)(C)
Failure to Protect
Failure to protect is a failure to make a reasonable effort to prevent an action by another person that results in physical injury substantially harming to a child.
Texas Family Code §261.001(1)(D)
Controlled Substances
Controlled substances are defined in the Texas Health and Safety Code, Chapter 481.
The intake specialist uses a PHAB allegation when either of the following occurs:
- A child is physically injured because a person uses a controlled substance.
- A child is permitted or encouraged to use a controlled substance.
Texas Family Code §261.001(1) ,(I), (J)
4214 Sexual Abuse (SXAB)
SWI Policy and Procedures March 2023
Sexual abuse is any of the following:
- Sexual conduct harmful to a child’s mental, emotional, or physical welfare, including conduct that constitutes any of the following offenses:
- Continuous sexual abuse of young child or disabled individual under Texas Penal Code, Section 21.02.
- Indecency with a child under Texas Penal Code, Section 21.11.
- Sexual assault under Texas Penal Code, Section 22.011.
- Aggravated sexual assault under Texas Penal Code, Section 22.021.
- Failure to make a reasonable effort to prevent sexual conduct harmful to a child.
- Compelling or encouraging the child to engage in sexual conduct as defined by Texas Penal Code, Section 43.01.
- Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child, if the person knew or should have known that the resulting images of the child are pornographic or obscene, as defined by Texas Penal Code, Section 43.21.
- Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child, as defined by Texas Penal Code, Section 43.25.
Texas Family Code §261.001(1)(E), (F), (G), (H), and (K)
4220 Neglect Allegations
SWI Policy and Procedures March 2023
Neglect means an act or omission by a child’s caregiver who shows blatant disregard for consequences, and the act or omission harms or creates an immediate danger to the child’s physical health or safety.
CPI investigates neglect allegations of:
- Abandonment
- Medical neglect
- Neglectful supervision
- Physical neglect
- Refusal to assume parental responsibility
4221 Abandonment (ABAN)
SWI Policy and Procedures March 2023
Abandonment requires both of the following components:
- A parent, guardian, managing conservator, or possessory conservator of a child leaves the child in a situation that would expose the child to an immediate danger of physical or mental harm, and the person does not arrange for necessary care for the child.
- The parent, guardian, or managing or possessory conservator of the child shows no intent to return.
Texas Family Code §261.001(4)(A)(i)
Parents have the right to place their children with alternate caregivers when the placement does not present obvious safety issues that could harm the child. These situations are not abandonment.
Alleged Perpetrators of Abandonment
The intake specialist may designate only a parent, guardian, managing conservator, or possessory conservator of the child as the role of alleged perpetrator (AP) for an abandonment (ABAN) allegation. The intake specialist does not designate temporary caregivers as the role of AP for abandonment. A temporary caregiver has no legal responsibility for the child.
4222 Medical Neglect (MDNG)
SWI Policy and Procedures March 2023
Medical neglect is the failure to seek, obtain, or follow through with medical care for a child, when that failure results in either of the following:
- An immediate danger of death, disfigurement, or bodily injury to the child.
- An observable, material impairment to the child’s growth, development, or functioning.
Texas Family Code §261.001(4)(A)(ii)(b)
4223 Neglectful Supervision (NSUP)
SWI Policy and Procedures March 2023
Neglectful supervision (NSUP) is any of the following:
- Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities, and that results in bodily injury or an immediate danger of harm to the child.
- Placing a child in or failing to remove a child from a situation in which the child would be exposed to an immediate danger of sexual conduct harmful to the child.
- Placing a child in or failing to remove a child from a situation in which the child would be exposed to acts or omissions that constitute abuse under Texas Family Code §261.001(1)(E), (F), (G), (H), or (K) committed against another child.
Texas Family Code §261.001(4)(A)(ii)(a)(d)(e)
Texas Family Code §261.001(1)(E), (F), (G), (H), or (K)
4224 Physical Neglect (PHNG)
SWI Policy and Procedures March 2023
Physical neglect (PHNG) is the failure to provide a child with the food, clothing, or shelter necessary to sustain the life or health of a child.
Physical neglect is not alleged if the failure to provide is caused primarily by financial inability, unless relief services were offered and refused.
Texas Family Code §261.001(4)(A)(ii)(c)
4225 Refusal to Assume Parental Responsibility (RAPR)
SWI Policy and Procedures March 2023
Refusal to assume parental responsibility (RAPR) is the failure by the person responsible for a child’s care, custody, or welfare to permit a child to return to the child’s home without arranging for the necessary care for the child after the child was absent from the home for any reason, including having been in residential placement or having run away.
Texas Family Code §261.001(4)(A)(iii)
Alleged Perpetrators of Refusal to Accept Parental Responsibility
The intake specialist may designate only a parent, guardian, managing conservator, or possessory conservator of the child as the role of alleged perpetrator (AP) for a refusal to accept parental responsibility (RAPR) allegation. The intake specialist does not designate temporary caregivers as the role of AP for refusal to accept parental responsibility (RAPR). A temporary caregiver has no legal responsibility for the child.
When the refusal to allow the child to return to or remain in the home is due to the child’s behavioral or emotional needs, see 4564 Placement Assistance for Therapeutic Needs.
4300 CPI Priorities
SWI Policy and Procedures July 2024
The intake specialist completes a CPI intake with one of the following priorities:
- Priority 1 (P1)
- Priority 2 (P2)
- Priority None (PN)
4310 Priority 1 (P1)
SWI Policy and Procedures July 2024
The intake specialist completes a Priority 1 (P1) intake for CPI when:
- A child appears to face an immediate or imminent threat of severe harm or death as a result of abuse or neglect.
- An IMPACT history search reveals an intake with a UTC disposition flagged with a red sunburst.
See:
CPI is required to initiate the investigation within 24 hours of receiving a P1 intake.
See Child Protective Services Handbook, 2143 Assigning Priority to Reports of Abuse or Neglect.
4320 Priority 2 (P2)
SWI Policy and Procedures July 2024
The intake specialist completes a Priority 2 (P2) intake for CPI when the alleged abuse or neglect does not involve severe harm or does not require an immediate response.
CPI is required to initiate the investigation within 72 hours of receiving a P2 intake.
4330 Priority None (PN)
SWI Policy and Procedures July 2024
The intake specialist completes a CPI intake as a Priority None (PN) when all of the following criteria are met:
- There are allegations of abuse or neglect.
- SWI is not recommending investigation.
- CPI needs to review the information to determine if further action is needed.
The intake specialist completes PN intakes on a limited basis and are only for the three specific reasons described below.
4331 Past Abuse or Neglect; No Current Safety Issues
SWI Policy and Procedures June 2023
The intake specialist selects the PN code Past Abuse or Neglect; No Current Safety Issues when all of the following apply:
- The abuse or neglect met the legal definition at the time the incident occurred.
- The incident is past abuse or neglect. Past abuse or neglect refers to an incident that occurred three or more months ago.
- No current safety threat exists.
The intake specialist also selects the PN code Past Abuse or Neglect; No Current Safety Issues when the victim is an unaccompanied alien child (UAC) and the alleged abuse or neglect occurred in the child’s home country.
The intake specialist selects the PN code regardless of whether CPI has investigated the incident.
Exceptions
- If the alleged victim was a child when the incident occurred but is now an adult, the intake specialist completes an I&R unless there are current allegations or safety threats to a child.
- School reports cannot have a PN designation. See 4522 Assessing Priority for School Reports.
- If the report is about a child death that was investigated, and it contains no new allegations involving other children, the intake specialist selects the PN code of Child Death/Incident Addressed in Previous Case. See 4631 Death of a Child Not in DFPS Conservatorship.
4332 Additional Information from Specific Collateral or Principal (COL/PRN) Is Needed
SWI Policy and Procedures July 2024
The intake specialist uses the Priority N (PN) code on a limited basis when CPI may be able to determine with an additional phone call to a specific collateral (COL) or principal (PRN) contact if the intake needs to be investigated or closed.
An intake qualifies for this code when all of the following criteria are met:
- The intake specialist needs a key piece of information to determine if there is an assignable allegation of abuse or neglect.
- The intake specialist knows a specific COL contact or PRN has the needed information and is clearly identified.
- The intake specialist has contact information for the identified person.
For example, the school nurse reports that a father hit his 11-year-old child. The nurse was told that the child has injuries, but she has not seen them. The school counselor has seen the injuries and can provide a description to CPI.
Determining Eligible Contacts
The intake specialist does the following:
- Designates a parent, relative and household member as a contact if he or she:
- Is not an alleged perpetrator.
- Has the specific information needed to make an investigation determination.
- Does not designate victims or perpetrators as the specific contact for this code, because doing so could compromise the outcome.
- Does not designate the reporter as the person who has needed information, because he or she is presumed to have provided all known information when the report was made
Documenting the Specific Contact
The intake specialist clearly identifies who should be contacted in the intake. This information is documented in either of the following places:
- In the person notes of the specific contact on the person list if his or her name and locating information are known
- In the narrative if the specific contact is identified, but his or her name is not known. Example: “The 8th-grade guidance counselor at the middle school on 2nd street in Taylor.”
The intake specialist does not use this PN code when either of the following are true:
- The information is too vague or general to determine whether there is abuse or neglect. In such cases, the intake specialist completes an Information & Referral (I&R).
- The only information needed from the specific COL or PRN is locating information. If the allegation meets legal definitions and a specific person can provide locating information, the intake specialist completes a P1 or P2 intake.
4333 Child Death/Incident Addressed in Previous Case
SWI Policy and Procedures September 2022
The intake specialist uses the PN code Child Death/Incident Addressed in Previous Case when CPI investigated the child’s death and there are no current allegations for other children.
For specific criteria on this PN code and information on how to document a Child Death/Incident Addressed in Previous Case, see 4631 Death of a Child Not in DFPS Conservatorship.
4400 Processing CPI Intakes and CRSRs
SWI Policy and Procedures March 2023
This section contains documentation details unique to CPI. For a complete reference, see 2600 Processing.
4410 Case Name
SWI Policy and Procedures September 2024
The intake specialist selects the Case Name from a drop-down menu created from the Person List. The In Regards To field automatically populates for all intakes and Case-Related Special Requests (CRSRs). The intake specialist usually selects the Case Name as one of the following:
- In intakes, the parent or primary managing conservator of the person designated as the oldest victim (OV).
- In CRSRs, the parent or primary managing conservator of the person designated as Self (SL).
Examples:
- If the parents are married or living together but not married, the Case Name is the mother’s name.
- If the parents are separated and conservatorship is not established, the Case Name is the name of the parent who has actual care, custody, and primary possession of the child.
- If the parents were never married or are divorced and conservatorship is established, the Case Name is the name of the primary managing conservator.
- If it is a blended family by marriage, the Case Name is the name of the primary managing conservator of the oldest victim (OV) for intakes or the primary managing conservator of the person designated as Self (SL) for CRSRs.
If the parents are living together, not married, and have children by other partners, see 4550 Multifamily Households.
If the child lives with a relative, fictive kin, or unrelated caregiver who is not the primary managing conservator, the Case Name remains the name of the parent or primary managing conservator.
If both parents’ rights are terminated and the child is in DFPS permanent managing conservatorship, the Case Name is in the same name as the parent or primary managing conservator of the case with the SUB stage.
For exceptions, see:
4515.3 SWI Procedures for Baby Moses Intakes
4720 Determining CPI or RCCI Jurisdiction for a Child in a Relative or Fictive Kin Placement
4760 Child Lives in an HCS Group Home or Receives Services in Another Setting
4825 CRSR – Return to Care (C-RC)
4420 County
SWI Policy and Procedures July 2024
Once the intake specialist completes an intake, case-related special request (CRSR), or I&R, he or she assigns the report to the appropriate county.
The intake specialist assigns most I&Rs to Existing CPS Case and I&Rs CVS Caseworker Notification to the county in which the existing case is open or to which the subcare case is assigned. See 3340 County Location.
In most instances, the intake specialist assigns intakes and CRSRs to the county of the parent or primary managing conservator’s residence. When a child is in DFPS conservatorship, DFPS is the primary managing conservator. The intake specialist assigns intakes to the county with conservatorship of the child regardless of the child’s current location or priority of the intake. The following situations require assignment to a different county:
- If immediate response is needed, or the intake is a P1, and the child is more than 50 miles from the primary managing conservator’s residence, the intake specialist assigns the intake to the county where the child is located.
- If the primary managing conservator’s county of residence is unknown, the intake specialist assigns the intake to the county where the child is located.
- If a child is living with a relative, fictive kin, or an unrelated caregiver in a different county from the primary managing conservator with no plans for the child to return to his or her home, the intake specialist assigns the intake to the county where the relative, fictive kin, or unrelated caregiver lives.
If it is unclear whether there are plans for the child to return to the home of the managing conservator, the intake specialist uses professional judgement as to who is the primary person responsible for the child’s care, control, and welfare. If the primary managing conservator is actively involved and making decisions for the child, then the county of the managing conservator is best.
The county for assignment corresponds to the county of the Case Name. Assigning an intake or CRSR to a county other than the Case Name requires a change of county.
See:
3101 CVS Caseworker Notification
4800 CPI Case-Related Special Requests
4430 CPI Screener Eligibility Question
SWI Policy and Procedures July 2024
The intake specialist answers a screener eligibility question for CPI intakes when the intake is a Priority 2 and either of the following is true:
- All victims are children ages six or older.
- In school report cases, the victim was a child at the time that the alleged abuse or neglect occurred and is aged six or older at the time of the report.
The question appears at the bottom of the Priority section on the Intake Actions page in IMPACT. The question reads:
Is there an open case on the family in at least one of the following stages:
INV – Investigation; A-R – Alternative Response; FPR – CPS Fam Preservation; FSU – Family Subcare; or FRE – CPS Fam Reunification?
The accompanying radio buttons enable a Yes or No response to the question.
The intake specialist selects Yes if any of the principals in the new intake are also principals in a CPI or CPS case that is open in any of the following stages:
- INV (Investigation).
- A-R (Alternative Response).
- FPR (family preservation) — also documented as FBSS (Family-Based Safety Services) or CPS Family Preservation in IMPACT.
- FSU (Family Substitute Care).
- FRE (Family Reunification).
When cases have been merged, the intake specialist is not required to open each stage to determine in which stage the person being searched was designated as a principal. IMPACT displays a person’s role in a case as “PRN” or “COL” (principal or collateral) at the end of the case history row. For example:
45678912 CPS FSU Doe,Jane HARRIS Smith,John
Investigation PRN
If the person searched is a collateral or the CPI or CPS case is not open in any of the above-mentioned stages, the intake specialist selects No for the screening question.
See 4521.1 Criteria for Alleged Victim (AV) in School Reports.
4440 CPI Call-out and Assignment
SWI Policy and Procedures July 2024
IMPACT auto-assigns some reports. If the Auto Assign checkbox is greyed out, or not appropriate for use on a certain report, the intake specialist manually assigns the report according to the Assignment Charts on the DFPS intranet.
See Assignment Charts on the DFPS Intranet for CPI call-out and routing procedures. Some CPI offices have extended business hours, which are noted on the charts.
4450 Open Cases
SWI Policy and Procedures March 2023
An intake specialist only pastes an open CPI or CPS case at the top of the narrative or sends an I&R to an open CPI or CPS case when at least one of the specified stages is open.
See:
Completing an I&R to Existing Case and an Intake or a Case-Related Special Request (CRSR) subheading in 3120 I&R to Existing Case
3121 Specific Considerations for an I&R to Existing Case
4500 CPI and CPS Special Topics — Part 1
SWI Policy and Procedures June 2023
The following are topics specific to CPI and CPS.
4510 Pregnancy and Newborns
SWI Policy and Procedures July 2024
In most cases, the intake specialist cannot recommend an investigation regarding concerns for an unborn child. The child must be born alive before CPI has jurisdiction to intervene. When there are no other children to consider, the intake specialist completes the appropriate I&R type and recommends the reporter contact SWI after the child is born.
Two exceptions allow the intake specialist to complete reports for unborn children:
- The intake specialist completes a CRSR – Request for Local Public Service and does not include the unborn child on the person listwhen all of the following are true:
- The information does not support an intake for other children.
- A professional reporter (typically law enforcement, medical, or casework staff) is requesting CPI assistance.
- The mother is not early in her pregnancy.
- The mother is expected to deliver in the next 24-48 hours.
- The intake specialist completes a P1 MDNG intake and documents the unborn child as the oldest victim (OV) on the person listwhen all of the following are true:
- The birth of the child is expected within 24 hours.
- The child will require life-sustaining medical treatment immediately after birth.
- The mother is refusing to consent to the medical treatment for any reason, including religious beliefs.
4511 Unborn Child
SWI Policy and Procedures July 2024
The intake specialist cannot recommend an investigation for abuse or neglect regarding drug or alcohol use by a pregnant woman until after the child is born. For exceptions, see 4510 Pregnancy and Newborns.
Other Children to Consider
When a woman is alleged to be using drugs or alcohol during her pregnancy or tests positive during the pregnancy, the intake specialist assesses whether current safety issues exist for other children being cared for by the pregnant woman. The intake specialist’s assessment should include the nature and extent of the woman’s drug or alcohol use.
If the information supports an allegation, the intake specialist completes an intake, listing the known children as victims. The intake specialist does not document the unborn child on the person list. Instead, he or she documents concerns about the unborn child in the narrative.
4512 Assessing Post-Delivery Drug or Alcohol Concerns
SWI Policy and Procedures February 2024
Assessing for Physical Abuse (PHAB)
The intake specialist completes a P1 intake with an allegation of PHAB when a newborn shows signs of physical harm because of the mother’s drug or alcohol use. This applies regardless of the mother’s or newborn’s drug test results.
Signs of harm may include, but are not limited to, the following:
- Fetal alcohol syndrome
- Fetal alcohol effect
- Neonatal abstinence syndrome
The intake specialist completes an intake for PHAB when a physician has expressed concern that the newborn was physically harmed from exposure to drugs or alcohol, but an official diagnosis has not been determined.
Assessing for Neglectful Supervision (NSUP)
The intake specialist completes a P1 intake with an allegation of NSUP when a mother or newborn tests positive for alcohol or any drug other than marijuana at the time of birth. It is not necessary for the newborn to show signs of physical harm because of the mother’s drug or alcohol use to complete a P1 for NSUP.
The intake specialist completes a P2 intake with an allegation of NSUP when the situation meets both of the following criteria:
- A mother or newborn tests positive for marijuana only (no alcohol or other drugs) at the time of birth.
- There are no other concerns for the newborn at the time of birth.
The intake specialist considers the nature and extent of the mother’s substance use and her ability to provide a safe environment for the newborn, if the situation meets all of the following criteria:
- The reporter alleges the mother used drugs or alcohol during her pregnancy.
- The mother and newborn tested negative at birth.
- The newborn has not shown any signs of physical harm from the mother’s drug or alcohol use.
If current safety issues are identified, the intake specialist completes a CPI intake with an allegation of NSUP. The intake specialist assigns the priority based on the severity and immediacy of the circumstances.
The intake specialist does not complete an intake if the situation meets both of the following criteria:
- The reporter alleges there was only one positive drug test early in the pregnancy.
- There are no other safety concerns.
4513 Miscarriage or Fetal Demise
SWI Policy and Procedures July 2024
A child death intake is not warranted if a reporter has information that either:
- A woman had a miscarriage or fetal demise, and drug or alcohol use is suspected as the cause.
- The woman was positive for drugs at the time of the miscarriage or demise.
A child death intake is not warranted because there was not a live birth. If other children are in the home, the intake specialist:
- Assesses whether allegations of abuse or neglect include these children.
- Completes an intake, designating children in the home as victims, if there is such an allegation.
- Does not include the child who died before birth on the person list. Instead, he or she documents concerns about the child in the narrative.
See 4300 CPI Priorities.
If no other children are in the home, the intake specialist completes the most appropriate Information & Referral (I&R) type.
4514 Concerns Regarding Breastfeeding Mother with AIDS or HIV
SWI Policy and Procedures July 2024
If a mother with AIDS or HIV is breastfeeding, the intake specialist:
- Completes a P1 intake with an allegation of neglectful supervision (NSUP).
- Documents information about the mother’s diagnosis of AIDS, HIV, or other illnesses in the narrative and the Worker Safety Issues Comments box according to standard procedures. See 2650 Worker Safety Issues.
4515 Baby Moses Reports
SWI Policy and Procedures December 2020
The purpose of the Baby Moses law is to encourage a parent who would otherwise abandon a baby in an unsafe situation to deliver the baby to a designated emergency infant care (DEIC) provider. The law protects a parent from criminal prosecution if the child is unharmed and brought to a DEIC provider before the infant is 60 days old.
4515.1 Designated Emergency Infant Care (DEIC) Providers
SWI Policy and Procedures September 2024
According to the Baby Moses statutes (reference Texas Family Code §262.301), only the following entities are Designated Emergency Infant Care (DEIC) providers:
- An emergency medical services provider.
- A hospital.
- A fire station.
- A freestanding emergency medical facility licensed under Chapter 254, Health and Safety Code.
- A child-placing agency licensed by DFPS that:
- Agrees to act as a DEIC provider.
- Has a licensed registered nurse or licensed emergency services provider on staff.
Any entity not on this list (including a DFPS office or a police station) is not considered a DEIC provider.
See 4515.2 Criteria for a Baby Moses Report.
4515.2 Criteria for a Baby Moses Report
4515.21 Infant Is Brought to a DEIC Provider
SWI Policy and Procedures September 2024
A situation meets the criteria for a Baby Moses report if the infant:
- Is known or appears to be 60 days old or younger.
- Shows no indication of abuse or neglect.
- Is voluntarily delivered to and left with an employee of a DEIC provider or placed in a newborn safety device located inside the DEIC provider facility by a person (presumed to be the parent) who does not express intent to return for the infant.
If the infant appears unharmed, DEIC providers have no legal obligation to gather information from or about the person leaving the child. The DEIC provider may provide the person with a form for voluntary disclosure of the child’s medical facts and history.
4515.22 Infant Is Born at a Medical Facility But Mother Is Unwilling To Parent
SWI Policy and Procedures July 2024
If a woman is admitted to a medical facility, gives birth, and leaves the medical facility without the baby, the case is considered a Baby Moses case if:
- The case meets the above-listed criteria.
- The mother indicates through her actions or words that she is unable or unwilling to parent the infant. Refusing to see or hold the baby may be an indicator that the mother does not want the child, but this alone does not qualify the intake as a Baby Moses case.
4515.3 SWI Procedures for Baby Moses Intakes
SWI Policy and Procedures July 2024
For Baby Moses cases, the intake specialist:
- Obtains and documents details about how and when the infant was delivered to the DEIC provider.
- Obtains and documents details about the infant’s age (or estimated age) and physical condition.
- Obtains and documents any available information about the individual who left the baby and any written or verbal information the person provided.
- Asks the reporter if the person who left the baby completed a form voluntarily disclosing the child’s medical facts and history.
- Does not instruct the reporter to have the person fill out the form or to attempt to gather any information from the person.
- Creates, on the person list, a person to represent the parent, but leaves the name fields blank. IMPACT will automatically designate an Unknown # for each unnamed person entered on the person list. Parents’ names, if known, are not documented on the person list. This protects confidentiality and prevents the parent from being related to other investigations in IMPACT. If parents’ names are known, the intake specialist includes this information in the narrative.
- Selects the computer generated Unknown # as the case name on the Intake Actions page.
- Completes a P1 intake with the allegation of ABAN.
- Assigns the intake according to standard procedures.
See:
Child Protective Services Handbook, 2351 Baby Moses
4515.4 Situations That Do Not Meet Baby Moses Intake Criteria
SWI Policy and Procedures July 2024
The intake specialist does not complete a Baby Moses intake if the infant:
- Is known or appears to be 60 days old or older.
- Has been harmed.
- Is not abandoned at a DEIC provider location.
- Is abandoned at a DEIC provider in a way that causes or exposes him or her to harm, such as exposure to severe temperature or similar dangers.
- Tests positive for drugs at birth.
If the child is harmed, the case must not be worked as a Baby Moses case. The intake specialist determines the appropriate allegations and completes the intake according to standard procedures.
4516 Mother with a Child in DFPS Conservatorship Gives Birth to a New Baby
SWI Policy and Procedures July 2024
When a caller reports that a mother with a child in DFPS conservatorship (CVS) has given birth to a new baby and no allegations of abuse or neglect toward the newborn exist, the intake specialist assesses the report type based on who reported the birth.
4516.1 Birth Reported by DFPS Staff
SWI Policy and Procedures July 2024
When the mother in an open CVS case gives birth to a new child, CPS staff:
- Consults with an Investigations program director to determine whether a new investigation is necessary for the newborn.
- Reports the child’s birth to Statewide Intake (SWI) when an investigation is needed.
See Child Protective Services Handbook, 6370 When a Mother in an Open CVS Case is Pregnant.
When DFPS staff is the reporter, the intake specialist:
- Completes an intake.
- Designates the requested allegation.
- Designates the primary allegation in the original case that caused the newborn’s sibling to be removed, absent any new allegations.
- Completes a P1 intake, unless a lesser priority is requested.
When a lesser priority is requested, the intake specialist complies with the request and documents in the Conclusion:
- The name and job title of the DFPS staff.
- The requested priority.
4516.2 Birth Reported by Anyone Other Than DFPS Staff
SWI Policy and Procedures July 2024
When anyone other than DFPS staff reports the birth of a new baby to a mother who has children in DFPS conservatorship, and there are no allegations toward the newborn that rise to the level of abuse or neglect, the intake specialist:
- Notifies CPS of the birth by processing an I&R to Existing CPS Case.
- Assigns the I&R to the Immediate Call-Out workload whether the field office is open or closed.
4517 Child Born to Mother in a Corrections Facility, Mental Health Hospital, or Drug Treatment Facility
SWI Policy and Procedures July 2024
When a mother gives birth while confined to a facility and is unable to make appropriate arrangements for the infant, the intake specialist completes an intake to help place the infant by doing the following:
- Designates the mother the role of alleged perpetrator (AP).
- Documents the address for the mother as that of the facility.
- Designates the allegation of Neglectful Supervision (NSUP), absent any allegations of abuse or neglect,.
- Completes a P2 intake, absent any immediate concerns of abuse or neglect,.
4520 School Reports
SWI Policy and Procedures December 2023
The Special Investigations unit of DFPS’s Child Protective Investigations (CPI) Division investigates alleged child abuse or neglect by school personnel or volunteers in a school setting.
A “school setting” can be any of the following:
- The physical location of a school.
- The location of an event a school sponsors or approves, including field trips and camps sponsored by the school.
- Any location where a child is in the care, custody, or control of school personnel or volunteers in their official capacity, including transportation services.
DFPS Rules, 40 TAC §707.605(a)(7)
See Child Protective Services Handbook, 2320 School Investigations.
4521 Criteria for Person Types in School Reports
SWI Policy and Procedures December 2020
The Special Investigations unit only investigates allegations of abuse or neglect in a school setting when both the alleged victim and the alleged perpetrator meet specific criteria.
4521.1 Criteria for Alleged Victim (AV) in School Reports
SWI Policy and Procedures December 2023
The alleged victim must be either of the following:
- A child.
- Was a child at the time that the alleged abuse or neglect occurred, even if he or she is now an adult.
DFPS Rules, 40 TAC §707.609(a)(3)
If the alleged victim was an adult with a disability at the time the incident occurred, the intake specialist assesses whether an APS intake is appropriate.
If the alleged victim was an adult without a disability at the time the incident occurred, the intake specialist completes an I&R Non-FPS Criminal Matter Referred to Law.
4521.2 Criteria for an Alleged Perpetrator (AP) in School Reports
SWI Policy and Procedures December 2023
The alleged perpetrator in a school report must be school personnel or a volunteer and must be identifiable.
If the alleged perpetrator is no longer employed as school personnel or an active volunteer in a school setting, the following must be true:
- The alleged perpetrator was school personnel or a volunteer acting in his or her official capacity at the time of the incident.
- The alleged perpetrator abused or neglected a victim who is a child or was a child at the time of the incident.
- The incident occurred in a school setting.
School Personnel or Volunteer
School personnel and volunteers are people who have access to children in a school setting and do one (or both) of the following:
- Provide services to children.
- Care for children.
School personnel include, but are not limited to, the following:
- Employees.
- Contractors (limited to those hired to provide services or care for children).
- Bus drivers.
- Cafeteria workers.
- Custodians.
- Police officers, peace officers, and security officers (sometimes called school resource officers) employed directly by the school or school district.
DFPS Rules, 40 TAC §707.605(a)(6)
Identifiable
An alleged perpetrator is identifiable if there is enough information for DFPS staff to know which specific person is the alleged perpetrator.
If the alleged perpetrator’s full name is not available, the intake specialist obtains a description, such as “the AP is the 6th grade math teacher,” or “the AP is the child’s school bus driver.” The intake specialist considers all possible means of identification, including collateral sources or other individuals able to identify the alleged perpetrator, or school records such as restraint reports naming the involved school personnel or volunteer. The intake specialist documents this description in the alleged perpetrator’s Person Notes and narrative.
If the reporter does not have enough information for the alleged perpetrator to be identifiable, the intake specialist completes the most appropriate I&R type.
4522 Assessing Priority for School Reports
SWI Policy and Procedures December 2023
Priority 1 (P1)
If a school intake requires immediate intervention, the intake specialist assesses a P1.
Priority 2 (P2)
If a school intake does not require immediate intervention, the intake specialist assesses a P2, regardless of when the incident occurred.
If the incident involves abuse or neglect by an alleged perpetrator without current access to children, because he or she is no longer employed as school personnel or an active volunteer, the intake specialist assesses a P2, regardless of when the incident occurred.
If the incident involves abuse or neglect of an unaccompanied alien child (UAC) by school personnel or a school volunteer in the child’s home country, the intake specialist assesses a P2.
Priority None (PN)
School intakes cannot be prioritized as a PN.
See the Child Protective Services Handbook, 2320 School Investigations.
Information and Referral (I&R)
The intake specialist selects the most appropriate I&R type for school reports that do not meet the criteria for investigation.
4523 Documenting School Reports
SWI Policy and Procedures July 2024
The intake specialist uses special procedures to document school reports. Documenting school reports requires some specialized procedures that differ from how other reports are documented.
Number of Intakes
When there are multiple alleged perpetrators (APs) in the school setting, the intake specialist completes a separate report for each AP, even if the APs are involved in the same situation.
In Regards To and Case Name
The intake specialist enters the name of the AP in the In Regards To and Case Name fields. When the name is not known, he or she creates an Unknown person on the person list, with the relationship of “School Personnel.” The intake specialist designates this Unknown person as the In Regards To and Case Name.
Person List
The only people the intake specialist designates as principals on the person list are the AP and victims (VCs).
The only children the intake specialist designates as VCs on the person list are those who have allegedly been abused or neglected. The intake specialist does not enter Unknown on the person list page to represent other students to whom an AP has access.
The intake specialist documents parents as collaterals on the person list. He or she never documents the parent of a victim as an AP in a school report. When allegations are made against a parent that rise to the level of abuse or neglect, the intake specialist documents and assesses those allegations in a separate CPI report in the parent’s name.
Alleged Victim
The intake specialist documents the address for the VC as the VC’s home address.
When a VC in a school report was a child at the time of the incident but is 18 or older when the report is made, the intake specialist documents the person as a VC and enters the known date of birth or approximate age.
Alleged Perpetrator (AP)
The intake specialist documents the address for the AP as the school’s address. If the home address of the AP is known, the intake specialist documents it as a secondary address in the Person Detail section.
4524 School Reports That Do Not Allege Abuse or Neglect
SWI Policy and Procedures May 2022
DFPS does not investigate administrative issues or violations of school policies, unless the issues or violations meet the statutory definitions of abuse, neglect, or exploitation.
Texas Family Code §261.001(1) and (4)
40 Texas Administrative Code §705.103
40 Texas Administrative Code §705.105
40 Texas Administrative Code §705.107
See the Adult Protective Services Handbook, 4320 Allegations Involving Schools.
Administrative issues or school policy violations that DFPS does not investigate include the following:
- Actions the school personnel or volunteers take that are reasonably believed to be immediately necessary, under the existing circumstances, to avoid imminent harm to the child or other people. The actions cannot include unnecessary force or the inappropriate use of restraints or seclusion.
- Use of restraints or seclusion that are necessary and appropriate.
- Reasonable discipline that is appropriate to the child’s age, size, and developmental level and does not cause or pose a genuine threat of causing substantial physical harm.
DFPS Rules, 40 TAC §707.607(b)(3)
4525 Home Schooling
SWI Policy and Procedures December 2020
Home schools are not subject to inspection, monitoring, or regulation by the Texas Education Agency or by local school districts.
The intake specialist assesses reports involving the abuse or neglect of home-schooled children using the same criteria and intake guidelines as any other CPI report.
4526 Boarding Schools
SWI Policy and Procedures July 2024
The intake specialist assesses allegations of abuse or neglect by school personnel or volunteers at a boarding school as an intake for CPI. The intake specialist conducts a resource search to rule out Residential Child Care Investigations (RCCI) jurisdiction, such as a basic care facility or a Residential Treatment Center (RTC).
4527 Foreign Exchange/Sponsorship Program
SWI Policy and Procedures December 2020
If a child is living with a family under the sponsorship of a foreign exchange program or organization, the sponsoring family is considered the caregiver. If there are allegations of abuse or neglect by the family, the intake specialist completes an intake for CPI.
4530 Sexual Behavior in Children and Youth
4531 Children Exhibiting Sexual Behavior
4531.1 Assessing Behavior
SWI Policy and Procedures March 2023
When children under the age of 10 behave sexually, establish the difference between normal sexual behavior and those that may be concerning and possibly related to sexual abuse. The intake specialist bases the assessment on the totality of information obtained. When situations meet the legal definition of abuse or neglect, the intake specialist completes an intake. Those situations include, but are not limited to:
- When children under the age of 10 exhibit age inappropriate sexual behavior that may be indicative of sexual abuse. For a list of common and concerning sexualized behaviors based on age, see Common and Concerning Sexual Behaviors in Children on the DFPS intranet.
- When children more than two years apart in age or developmental level engage in age inappropriate sexual behavior.
- When a child is forcing another child to engage in sexual behavior by using violence, intimidation, or coercion.
4531.2 Identifying the Source of Sexual Behavior
SWI Policy and Procedures March 2023
When the situation meets criteria for an intake as stated above, the intake specialist determines:
- If the situation involves two or more children, which child initiated the age inappropriate sexual behavior or escalated the behavior.
- The root cause of the sexual behavior, if known.
- Whether the child has a history of age inappropriate sexual behavior.
4531.3 Reports for Children under the Age of 10 Who are Exhibiting Age Inappropriate Sexual Behavior
SWI Policy and Procedures March 2023
When It Is Known Which Child Initiated or Escalated the Age Inappropriate Sexual Behavior
When it is known which child initiated or escalated the age inappropriate sexual behavior, the intake specialist completes an intake for Sexual Abuse (SXAB), listing that child as the oldest victim (OV). If the child listed as OV makes an outcry of sexual abuse with a known abuser, that abuser is listed as the alleged perpetrator (AP). When the child listed as OV makes no outcry of sexual abuse or makes an outcry with no named abuser, then the intake specialist completes an intake where the alleged perpetrator is unknown. When the relationship of the abuser is unknown, assume the abuse or neglect could have reasonably resulted from an act or failure to act by a person who meets the criteria of an alleged perpetrator. See 4122 Alleged Perpetrator (AP).
The intake specialist does not complete an additional intake for the other child, unless there is information that the other child was also abused by someone meeting the criteria for an alleged perpetrator.
When It Is Unknown Which Child Initiated or Escalated the Age Inappropriate Sexual Behavior
When it is unknown which child initiated or escalated the age inappropriate sexual behavior, if the child was a victim of sexual abuse, or whether or not either child has a history of age inappropriate sexual behavior, the intake specialist does as follows:
- Considers all the children involved as victims.
- Completes the appropriate number of intakes for sexual abuse (SXAB).
- Does not list an AP.
Caregiver as an Alleged Perpetrator
The intake specialist assesses whether the caregiver is an alleged perpetrator in the situation. The intake specialist adds a neglectful supervision (NSUP) or sexual abuse (SXAB) allegation to the existing intake, listing the caregiver as the AP, if a caregiver meets both criteria:
- Knows of prior inappropriate sexual behavior.
- Does not take precautions to prevent subsequent incidents of inappropriate sexual behavior.
4531.4 Children Ages 13 or Younger Engaged in Sexual Activity
SWI Policy and Procedures March 2023
Caregivers are required to make a reasonable effort to prevent a child age 13 or younger from having a sexual relationship, regardless of whether the child states the relationship is consensual.
When a caregiver makes a reasonable effort to prevent the sexual activity, and the child continues to be sexually active, CPI does not consider this to be neglectful supervision. Placing a child on birth control does not equate to consenting to the child’s behavior.
The intake specialist assesses based on the available facts when a child, age 13 or younger, is known to be as follows:
- Sexually active.
- Pregnant.
- Tests positive for a sexually transmitted infection (STI).
For example, if a 13-year-old is known to be pregnant by a 14-year-old classmate, and her parents were unaware that she was sexually active, that would not be an intake.
When the only information available is that the child is sexually active, pregnant, or has an STI, the intake specialist completes an intake for Sexual Abuse (SXAB) with an unknown alleged perpetrator.
4532 Sexually Active Youth Ages 14 to 17
SWI Policy and Procedures March 2023
CPI investigates child sexual activity only when the act involves abuse or neglect as defined by the Texas Family Code §261.001. To establish neglectful supervision by the caregiver, CPI considers whether the situation presents “…a situation in which the child would be exposed to an immediate danger of sexual conduct harmful to the child.” See 40 Texas Administrative Code 707.467(2).
4532.1 A Youth Aged 14-16 Engaged in Sexual Activity
SWI Policy and Procedures March 2023
CPI investigates situations involving a child with a sexual partner who is more than three years older than the child as “sexual conduct harmful to a child.”
Texas Family Code §261.001(1)(E)
“More than three years older” means a time frame of three years and one day or greater between the two individuals’ dates of birth (DOBs). Often, this cannot be established at intake because the reporter does not know both individuals’ dates of birth. When DOBs are not available, but the known ages indicate a possibility of a three year and one day age difference, the intake specialist completes an intake for neglectful supervision (NSUP) if all other required criteria below are met. CPI then obtains the DOBs and either continues with the investigation or closes the intake.
In addition to the age difference criterion, the caregiver must be both:
- Aware of the relationship.
- Failed to make a reasonable effort to prevent it.
The intake specialist lists the youth’s caregiver as the alleged perpetrator. The youth’s partner is listed as a collateral (COL) with a role of NO.
If it is unknown whether the caregiver is aware of or made efforts to prevent the relationship, the intake specialist completes an I&R Non-FPS Criminal Matter Referred to Law. Additional I&Rs may be necessary.
Example
A family member reports that a 14-year-old and a 17-year-old are having sex with the knowledge and consent of the 14-year-old’s parents. The caller does not know the date of birth of the 17-year-old; therefore, the intake specialist cannot determine if there is a three year and one day age difference between them. The intake specialist completes an intake based on the ages, which indicate the possibility of more than a three-year age gap between the two partners.
4532.2 A Youth Aged 14-16 Living with an Unrelated Partner Who is More than Three Years Older
SWI Policy and Procedures March 2023
When a youth age 14-16 is living with an unrelated partner who is more than three years older, the intake specialist assesses for NSUP on the caregiver, based on 4532.1 A Youth Aged 14-16 Engaged in Sexual Activity. This applies whether the youth moved in with the partner, or the partner moved into the youth’s home.
When the sexual relationship began determines whether the youth’s sexual partner is an alleged perpetrator for sexual abuse.
| If: |
Then the youth’s sexual partner is considered: |
|---|---|
The sexual relationship began after the person started living with the youth. |
An alleged perpetrator of sexual abuse. |
The sexual relationship existed before the person started living with the youth, or it is unknown when the sexual relationship began. |
A boyfriend or girlfriend who is designated as a principal (PRN) with an unknown (UK) role. |
The reporter does not need to have direct knowledge of sexual activity. When a youth lives with an unrelated person and demonstrates behavior that indicates an intimate relationship with that person, it is reasonable for the intake specialist to assess as if a sexual relationship exists. The intake specialist completes an intake for NSUP based on available facts and the likelihood of sexual activity.
An intake is not appropriate if the sexual partner with whom the youth is living is not more than three years older.
4532.3 A Youth Aged 14-16 Has a Child and Is in a Relationship with an Unrelated Partner Who Is More Than Three Years Older
SWI Policy and Procedures March 2023
In this section, youth refers to the parent who is age 14 to 16, and child refers to the young child of the youth. When a youth is in a relationship with an unrelated partner who is more than three years older than the youth, the older partner is not categorized as a sex offender solely on the basis of having a sexual relationship with a youth age 14 to 16 who is more than three years younger. However, the partner could pose a sexual abuse risk to the child.
There is a risk of sexual abuse by the older partner to the child of the 14 to 16-year-old youth when any of the following are present:
- The older partner is on the sex offender registry.
- The older partner was or is being criminally prosecuted for the relationship with the 14 to 16-year-old, which indicates law enforcement concluded there was heightened concern.
- The older partner has a RTB for SXAB or SXTR in IMPACT history.
- The older partner was grooming the 14 to 16-year-old when the youth was a much younger age.
- The older partner is alleged to have engaged in a series of relationships with other much younger youth or a pattern of dating youth more than three years younger.
- There is a clear outcry that the older partner sexually assaulted, abused, or trafficked someone else in the past.
The older partner, who is the sexual partner of the 14 to 16-year-old, is the alleged perpetrator (AP). The older partner may or may not also be the father of the youth’s child.
4532.4 A Youth Age 17 Engaged in Sexual Activity
SWI Policy and Procedures March 2023
In most cases, CPI does not investigate sexual activity of youth who are 17, unless the partner is known to be one of the following:
- Caregiver
- Relative
- School personnel
- Household member that is not the youth’s partner
4533 A Child or Youth with a Developmental Delay Engaged in Sexual Activity
SWI Policy and Procedures March 2023
When the child has a developmental delay and functions at a lower age level, the intake specialist uses the developmental age of the child for assessment.
Example
An intake specialist completes a report for a 16-year-old who has a developmental delay and functions like a 10-year-old, when the caregiver is both:
- Aware that the child is having a sexual relationship.
- Failed to make a reasonable effort to prevent it.
Texas Family Code §261.001(1)(F)
4534 Limited Information about Sexually Active Children or Youth
SWI Policy and Procedures March 2023
SWI receives reports from healthcare and community providers who are mandated to report sexual activity involving children and youth. These reports are referred to as:
- WIC reports (for women, infants, and children).
- Rider 14 reports (though the rider number changes each legislative session – previously named Rider 11, 14, 18, 19, 23, 27, and 33 reports).
The intake specialist assesses each report individually with careful consideration to the available information. The intake specialist does as follows:
- Performs a history search for each person listed in the report.
- Uses standard guidelines to assess for abuse or neglect.
- Completes an intake, CRSR, or the appropriate I&R type.
4540 Designating a Child as an Alleged Perpetrator for Child-on-Child Abuse/Neglect under CPI Jurisdiction
SWI Policy and Procedures July 2024
When concerning behavior between children meets the legal definition of abuse or neglect, the intake specialist may consider a child, aged 10-17, an alleged perpetrator (AP). Such a designation requires special considerations that are not necessary when the AP is an adult.
See:
4122.2 Child as an Alleged Perpetrator
4123 Alleged Victim Perpetrator (VP)
The most common scenarios of child-on-child abuse or neglect include:
- Sexual abuse
- Physical abuse
- Neglectful supervision
4541 Child-on-Child Sexual Abuse (SXAB)
SWI Policy and Procedures July 2024
Some sexual behaviors between children are common. If help is needed to determine whether the behaviors are considered abusive, see Sexual Behavior on the DFPS intranet.
When the behavior meets the definition of sexual abuse, the intake specialist considers the following before designating a child as an alleged perpetrator:
- Age difference between the children.
- Developmental levels of the children.
- The use of force or coercion.
4542 Child-on-Child Physical Abuse (PHAB)
SWI Policy and Procedures July 2024
Some sibling rivalry is common, and sometimes this rivalry can lead to injuries. The intake specialist should not use injury as the single determining factor for designating a child as an alleged perpetrator (AP). When assessing for possible child on child physical abuse, the intake specialist considers the following:
- Age difference between the children
- Size difference between the children
- Developmental levels of the children
- Severity of injuries
- Frequency of violence or abuse
- Intent to cause harm
4543 Child-on-Child Neglectful Supervision (NSUP)
SWI Policy and Procedures July 2024
Before designating a child as an alleged perpetrator (AP) for Neglectful Supervision, the intake specialist first establishes both of the following:
- The adult caregiver specifically left one child in charge of others.
- The child in charge was aware of his or her responsibility to supervise the other child or children.
The intake specialist also considers the following:
- Age difference between the children.
- Developmental levels of the children.
- How often one child is responsible for supervising other children.
- Capabilities of the supervising child (mental, physical, behavioral).
- Needs of the child being supervised.
4544 Determining the Role of the Caregiver When Assessing for Child-on-Child Abuse or Neglect
SWI Policy and Procedures July 2024
When the intake specialist completes an intake for child-on-child abuse or neglect, he or she also considers whether the caregiver has taken reasonable measures to ensure the safety of the victimized child. If not, the situation may require an additional allegation of Neglectful Supervision (NSUP), naming the caregiver as the alleged perpetrator (AP).
This option also may be appropriate when none of the children involved qualify as an AP due to their age.
4550 Multifamily Households
SWI Policy and Procedures July 2024
In multifamily households, the intake specialist documents children as principals only in the intake for their own nuclear family. The intake specialist documents children of the other family or families in the household as collaterals. When the intake specialist only completes one intake, all household members are principals.
4551 Clarification of Terms: Family and Multifamily Household
SWI Policy and Procedures July 2024
Family
Family, in the context of a “one case per family” group, refers to:
- A nuclear family of parents or legal caretakers and their child or children by birth, conservatorship, adoption, or marriage.
- Families blended by marriage and living in the same home with stepparents, such as a parent with a child or children married to another person with a child or children.
These definitions of family apply even when the parent or legal caretaker does not live in the home with the child. For example, when a child lives with a relative or friend who does not have conservatorship, the child’s family in this context means his or her biological or legal parents, not the people with whom the child lives. The parent, or other legally responsible person, has the legal responsibility to ensure the child’s safety if the child is at risk of abuse or neglect.
Multifamily Households
Multifamily households include, but are not limited to, the following:
- More than one unrelated family group living in the same household. Examples:
- A parent and his or her child live with an unrelated roommate and his or her children.
- A mother and her children live with her partner and his or her child.
- More than one related family group living in the same household. Examples:
- Three sisters and their children live together.
- Several generations of a family live together.
- A household consisting of a family group and a child who is not in the conservatorship of anyone in the household, and whose parents do not live in the home. Example: An aunt, her boyfriend, and their child are caring for her sister’s two children, but the sister does not live in the home.
The intake specialist completes a separate intake for each family in the household, except in the following situations:
- Information does not clearly show it is a multifamily household. The intake specialist documents in the narrative section of the intake that this might be a multifamily household.
- It is a multifamily household, but allegations do not involve one of the families. Only one intake is completed on the multifamily household.
4552 Person Detail on Multifamily Intakes
SWI Policy and Procedures July 2024
The intake specialist completes the Person Detail on a multifamily household in the following way:
- Documents all adults as principals (PRNs) with their relationship to the oldest victim (OV).
- Documents the children as PRNs in the intake for their nuclear family.
- Documents the children of the other family or families in the household as collaterals.
Exception: If a child in one nuclear family is an alleged perpetrator (AP) in an intake involving another family in the household, that child is listed as a PRN, and his or her role is listed as AP.
4560 Children Placed Outside the Home
4561 Child in DFPS Conservatorship
SWI Policy and Procedures October 2023
The program responsible for investigating reports of abuse, neglect, or exploitation of children in DFPS conservatorship depends on the setting where the incident occurs.
Some situations require an I&R to Existing CPS Case. See:
4561.1 Situations That Require an I&R to Existing CPS Case
4561.2 Situations That Sometimes Require an I&R to Existing CPS Case and its Subitems
Additionally, an I&R CVS Caseworker Notification is required for any intake involving a child in DFPS conservatorship. See 3101 CVS Caseworker Notification.
4561.1 Situations That Require an I&R to Existing CPS Case
SWI Policy and Procedures October 2023
In addition to any intake or I&R completed for another program, the intake specialist also completes an I&R to Existing CPS Case when a child in DFPS conservatorship is in any of the following situations:
- The child runs away or returns to the placement after running away.
- The child is hospitalized or requires urgent, unplanned treatment by a medical professional because of injury, trauma, or illness.
- The child is arrested.
- The child dies.
- The child’s placement is no longer working (also referred to as the placement “breaks down”), and the child needs to be moved to another placement immediately.
- A report indicates that the child is involved in human trafficking.
Note: These instructions also apply to young adults ages 18-21 in DFPS conservatorship.
See:
3121 Specific Considerations for an I&R to Existing Case
4561.2 Situations That Sometimes Require an I&R to Existing CPS Case
SWI Policy and Procedures July 2024
The intake specialist sends an I&R to Existing CPS Case in some situations that do not require immediate notification to CPI or CPS, depending on the setting in which the incident occurred. See the subitems of this section for more information about specific types of situations.
See:
4711.3 Child in an Out-of-State Placement, including ICPC, Alleges Abuse or Neglect
4561.21 Incident in a Non-Licensed Setting
SWI Policy and Procedures October 2023
If the incident involves a child in DFPS conservatorship and supports an intake, the intake specialist completes the following:
- A CPI intake.
- An I&R CVS Caseworker Notification.
- An I&R to Existing CPS Case only if indicated in one of the following sections:
- Completing an I&R to Existing Case and an Intake or a Case-Related Special Request (CRSR) in 3120 I&R to Existing Case.
- 4561.1 Situations That Require an I&R to Existing CPS Case.
If the incident involves a child in DFPS conservatorship but does not support an intake, the intake specialist completes an I&R to Existing CPS Case.
4561.22 Incident in a Kinship Setting
SWI Policy and Procedures October 2023
If the incident involves a child in DFPS conservatorship and supports an intake, the intake specialist first determines which program has jurisdiction over the kinship home. See 4720 Determining CPI or RCCI Jurisdiction for a Child in a Relative or Fictive Kin Placement. The situation may require one or more of the following:
- A CPI or RCCI intake.
- An I&R CVS Caseworker Notification.
- An I&R to Existing CPS Case if indicated in one of the following sections:
- Completing an I&R to Existing Case and an intake or a Case-Related Special Request (CRSR) in 3120 I&R to Existing Case.
- 4561.1 Situations That Require an I&R to Existing CPS Case.
If the incident involves a child in DFPS conservatorship but does not support an intake, the intake specialist completes an I&R to Existing CPS Case.
Breakdown of Kinship Placement
The intake specialist completes an I&R to Existing CPS Case if all of the following are true:
- A child is in a kinship placement.
- The child is in DFPS conservatorship.
- There is an open SUB stage.
- The kinship caregiver reports he or she can no longer care for the child.
- There are no allegations of abuse or neglect by the caregiver.
The intake specialist completes an intake only if there is no open SUB stage and the kinship caregiver reports he or she can no longer care for the child. The kinship caregiver does not have a legal obligation to the child. Therefore, he or she cannot be an AP for abandonment (ABAN), RAPR, or NSUP in these situations. The intake specialist does the following:
- Completes a CPI intake with the biological or legal parent as the alleged perpetrator (AP).
- Assesses for an allegation of refusal to assume parental responsibility (RAPR) or neglectful supervision (NSUP), depending on the circumstances of the case.
4561.23 Incident in a Residential Child Care Setting
SWI Policy and Procedures October 2023
Residential Child Care Regulation (RCCR) notifies CPS when a child in DFPS conservatorship is mentioned in an RCCI intake or an I&R RCL Standards Compliance.
If the incident supports an intake, the intake specialist completes both of the following:
- An RCCI intake.
- An I&R CVS Caseworker Notification.
If the incident does not support an intake, the intake specialist completes one of the following:
- An I&R to Existing RCL Case, if relevant to the case.
- An I&R RCL Standards Compliance.
The intake specialist does not complete an additional I&R to Existing CPS Case unless one of the following applies:
- There is an open CPS case that does not include a SUB stage. (This may occur if the child is involved in more than one open CPI or CPS case.)
- An I&R to Existing CPS Case is indicated on the CCR Situations Involving a Child in DFPS Conservatorship document on the DFPS intranet.
- The situation falls under 4561.1 Situations That Require an I&R to Existing CPS Case.
See 9530 Reports Involving Children in DFPS Conservatorship in a RCCR Operation.
4561.24 Incident in a Day Care Setting
SWI Policy and Procedures October 2023
Day Care Regulation (DCR) notifies CPS when a child in DFPS conservatorship is mentioned in a DCI intake or an I&R DCL Standards Compliance.
If the incident supports an intake, the intake specialist completes both of the following:
- A DCI intake.
- An I&R CVS Caseworker Notification.
If the incident does not support an intake, the intake specialist completes one of the following:
- An I&R to Existing DCL Case, if relevant to the case.
- An I&R DCL Standards Compliance.
The intake specialist does not complete an additional I&R to Existing CPS Case unless one of the following applies:
- There is an open CPS case that does not include a SUB stage. (This may occur if the child is involved in more than one open CPI or CPS case.)
- An I&R to Existing CPS Case is indicated on the CCR Situations Involving a Child in DFPS Conservatorship document on the DFPS intranet.
- The situation falls under 4561.1 Situations That Require an I&R to Existing CPS Case .
4561.25 Incident in a Provider Investigations (Facility or Community) Setting
SWI Policy and Procedures October 2023
PI Intake That Involves a Child in DFPS Conservatorship
When the incident involves a child in DFPS conservatorship and supports a Provider Investigations (PI) intake, the intake specialist completes both of the following:
- A PI (Facility or Community) intake.
- An I&R CVS Caseworker Notification.
When completing a PI intake, the intake specialist does not complete an additional I&R to Existing CPS Case unless one of the following applies:
- There is an open CPS case that does not include a SUB stage. (This may occur if the child is involved in more than one open CPI or CPS case.)
- The situation falls under 4561.1 Situations That Require an I&R to Existing CPS Case.
Incident That Is Not an Intake But Involves a Child in DFPS Conservatorship
If the incident involves a child in DFPS conservatorship but does not support an intake, the intake specialist completes one of the following:
- An I&R to Existing PI Case (facility or community), if relevant to the case.
- An I&R AFC Client Rights/Fac Admn Issues if PI Facility has jurisdiction and there is not an existing PI Facility case.
- An I&R Referred to HHSC if PI Community has jurisdiction and there is not an existing PI Community case.
When completing an I&R to Existing PI Case, an I&R AFC Client Rights/Fac Admn Issues, or a I&R Referred to HHSC, the intake specialist does not complete an additional I&R to Existing CPS Case unless the situation falls under 4561.1 Situations That Require an I&R to Existing CPS Case.
See:
6500 Report Does Not Meet the Definition of Abuse, Neglect, or Exploitation
6720 Reports Involving Children in DFPS Conservatorship or Adults in DFPS Extended Foster Care
7620 Reports Involving Children in DFPS Conservatorship
4561.3 Youth in Conservatorship Has a Child
SWI Policy and Procedures October 2023
When a youth has a child before entering DFPS conservatorship, or a child is born to the youth while in DFPS conservatorship, CPS field staff may request a case-related special request (CRSR) if both of the following apply:
- The youth’s child is going to live with the youth parent in the same placement.
- The youth’s child is not in DFPS conservatorship.
The intake specialist completes a separate CRSR–Request for Local Public Service for each child who is going to live with the youth in the youth’s placement. Separate CRSRs allow the youth parent’s caregivers to be reimbursed for the care of each of the youth’s children living with the youth in care.
The intake specialist does the following:
- Asks whether the report needs backdating to ensure proper payment to the youth parent’s caregiver for the entire time that the youth’s child has been at that placement.
- Uses the name of the youth parent as the case name for each CRSR.
- Routes each CRSR to the county with the open conservatorship case for the youth parent.
If there are concerns of abuse or neglect of the youth’s child, see 4561.4 Youth in Conservatorship Abuses or Neglects Own Child.
See:
2821.1 Determining the Date and Time of the Report
4800 CPI Case-Related Special Requests
4821 CRSR – Requests for Local Public Service (C-PB)
Child Protective Services Handbook, 6440 When a Youth in Substitute Care is Pregnant or Parenting
4561.4 Youth in Conservatorship Abuses or Neglects Own Child
SWI Policy and Procedures October 2023
If it is alleged that a youth parent in DFPS conservatorship abused or neglected the youth’s own child, the intake specialist bases some parts of the assessment on whether the youth’s child is also in DFPS conservatorship.
The intake specialist looks at the youth’s child’s case history to determine whether the child is in DFPS conservatorship, as follows:
- Youth’s children who are not in DFPS conservatorship, but who have an active SUB stage for placement with the youth, show SUB C-PB in case history.
- Children who are in DFPS conservatorship show SUB REG in case history.
The intake specialist does the following:
- If both the youth parent and the youth’s child are in DFPS conservatorship, then the intake specialist completes one RCCI intake. The youth parent and child are alleged victims of neglectful supervision, and the adult caregiver is the alleged perpetrator.
- If the youth parent is in DFPS conservatorship, but the youth’s child is not, then the intake specialist completes two intakes, as follows:
- A CPI intake with the youth parent as the alleged perpetrator of abuse or neglect and the youth’s child as the alleged victim. The case name is the name of the youth parent.
- An RCCI intake with the youth parent’s caregiver as the alleged perpetrator of neglectful supervision and the youth parent as the only alleged victim.
The intake specialist also completes an I&R CVS Caseworker Notification for any child or youth in DFPS conservatorship who is a principal in an intake.
See:
3101 CVS Caseworker Notification
4562 Child Removed by Non-DFPS Entities
4562.1 Court-Ordered Investigations or Removals
SWI Policy and Procedures July 2024
The intake specialist completes a P1 intake if a court orders either:
- An investigation into alleged abuse or neglect.
- A removal.
If a court orders intervention not alleging abuse or neglect, the intake specialist completes a case-related special request (CRSR) using the Court Ordered Request (C-CO) type.
4562.2 Children Placed in a Shelter by Law Enforcement
SWI Policy and Procedures July 2024
When a law enforcement officer places a child in an emergency shelter and calls SWI, the intake specialist first assesses whether there is abuse or neglect.
The intake specialist completes:
- A Priority 1 (P1) intake if abuse or neglect is alleged.
- A CRSR – Request for Local Public Service (C-PB), if there are no allegations but law enforcement requests help from CPI.
4563 Youth in the Custody of the Texas Juvenile Justice Department (TJJD)
SWI Policy and Procedures December 2023
Youth in the custody of the Texas Juvenile Justice Department (TJJD) may not have an appropriate home to which they may return upon release from a state-run TJJD facility. This does not include county juvenile detention centers. TJJD staff attempts to find family members or other appropriate placement for these children upon release. If unsuccessful, TJJD staff requests CPI assistance.
If the report includes allegations of abuse or neglect, assess the situation per standard procedures. If there are no concerns for abuse or neglect, and the request is 90 days or less from the youth’s release date, the intake specialist does the following:
- Completes and closes an I&R Matter Referred On.
- Sends an email to the Policy and Performance Management (PPM) unit at the QA Unit mailbox with the request and the Report ID.
If a request is 91 days or more from the youth’s release date, the intake specialist informs the caller of the timeline, if able, and completes an I&R Clearly Not Reportable Re: Children.
4564 Placement Assistance for Therapeutic Needs
SWI Policy and Procedures October 2023
When a parent or legal guardian is seeking therapeutic services for a child who has unmet emotional or behavioral health needs, there may be resources available to provide assistance through DFPS referrals.
4564.1 Residential Treatment Center Project
SWI Policy and Procedures October 2023
When community-based programs are unable to meet the child’s needs, DFPS may explore seeking temporary legal custody to help the parent or legal guardian meet the child’s therapeutic needs. A court may grant temporary legal custody in either of the following ways:
- Joint managing conservatorship (JMC) shared between the parent or guardian and DFPS.
- Temporary managing conservatorship (TMC) given to DFPS while the child receives therapeutic services.
The intake specialist bases the assessment on all of the following factors:
- Relationship of the requester to the child.
- Reason for the placement assistance.
- Whether the child was adopted from DFPS conservatorship.
- Whether abuse or neglect is alleged, in addition to the placement request.
See 4564.3 Assessing Reports Involving Placement Assistance for Therapeutic Needs.
The Residential Treatment Center Project allows a child who needs therapeutic placement to receive intensive mental health care in a residential treatment center, while the child’s parent or guardian maintains legal responsibility. If the family lives in Texas, and the child’s emotional or behavioral needs cannot be met in a family setting, Texas Health and Human Services (HHS) may be able to provide the family with an out-of-home placement for the child through this project.
When a parent, guardian, or mental health professional requests therapeutic placement for a child, the intake specialist does the following:
- If there are allegations of abuse or neglect, assesses according to standard procedures.
- If there are no allegations of abuse or neglect, refers the parent, guardian, or mental health professional to the local mental health authority (LMHA) or local behavioral health authority (LBHA) to ask for a referral to the Residential Treatment Center Project. The intake specialist completes an I&R Matter Referred On and closes the I&R.
The LMHA or LBHA sends the referral directly to HHS. For a listing of LMHAs and LBHAs, see the Find Your Local Mental Health or Behavioral Health Authority webpage.
See the Child Protective Services Handbook, 2390 Working with Families Seeking Assistance with Mental Health Services for Children with Severe Emotional Disturbance (SED).
4564.2 Post-Adoption Substitute Care Services
SWI Policy and Procedures October 2023
An adoptive parent who adopted a child from DFPS conservatorship may become unable to care for the child because of the child’s therapeutic needs, including the following:
- Emotional or behavioral issues related to trauma experienced before the adoptive placement.
- Genetic issues not known before consummation of the adoption.
The adoptive parent may contact DFPS to request placement of the adopted child for therapeutic or behavioral reasons. Families must meet special criteria to qualify for post-adoption substitute care services. However, intake specialists are not required to determine whether a family meets the criteria.
When an adoptive parent requests therapeutic placement for the adopted child, the intake specialist does the following:
- Completes a CPI intake.
- Includes an allegation of refusal to assume parental responsibility (RAPR) with no alleged perpetrator. This allows CPI to assess the case to determine whether the child is eligible for the post-adoption substitute care program.
- Assesses all other allegations of abuse or neglect according to standard procedures.
- Assigns roles according to the abuse or neglect allegations. If there are no abuse or neglect allegations, the adoptive parent’s person type is principal (PRN) and role is unknown (UNK).
- Assesses priority based on how soon the child needs out-of-home placement.
See the Child Protective Services Handbook, 6961 Post Adoption Substitute Care Services.
4564.21 Assessing Reports for Post-Adoption Substitute Care
SWI Policy and Procedures March 2023
When a parent or guardian of a child adopted through DFPS seeks placement of a child for therapeutic needs, the intake specialist follows usual Statewide Intake procedures. Assessment depends on whether allegations of abuse or neglect are present.
Families must meet special criteria to qualify for Post-Adoption Substitute Care services. Intake specialists are not required to establish the criteria.
No Abuse or Neglect Is Alleged
When a parent or guardian requests a therapeutic placement, and there are no allegations of abuse or neglect against the caregiver, the intake specialist does as follows:
- Completes a CPI intake alleging refusal to assume parental responsibility (RAPR) without assigning a perpetrator.
- Documents the caregiver’s person type as PRN with a role of UNK.
- Assesses priority based on how quickly the child requires out-of-home placement.
The intake specialist uses this process only when there are no allegations of abuse or neglect and the presenting problems are solely the result of emotional or behavioral issues.
See Child Protective Services Handbook, 6961 Postadoption Substitute Care Services.
Abuse or Neglect Is Alleged
If there is alleged abuse or neglect by the caregiver, in addition to the caregiver’s request for placement assistance, the intake specialist does as follows:
- Completes a CPI intake.
- Assigns roles according to the abuse or neglect allegations.
- Includes the allegation of RAPR but does not assign an alleged perpetrator. (This allows the case to be assessed for the placement program, if appropriate.)
4564.3 Assessing Reports Involving Placement Assistance for Therapeutic Needs
SWI Policy and Procedures July 2024
The intake specialist refers to the table below to determine how to assess a report involving placement assistance for therapeutic needs. Assessment depends on all of the following factors:
- Relationship of the requester to the child.
- Reason for the placement assistance.
- Whether the child was adopted from DFPS conservatorship.
- Whether abuse or neglect is alleged, in addition to the placement request.
| Requester |
Reason for Placement Assistance |
Child Adopted from DFPS Conservatorship |
Allegation of Abuse or Neglect |
Assessment |
|---|---|---|---|---|
Adoptive parent |
Therapeutic or behavior reasons |
Yes |
Yes |
|
Adoptive parent |
Therapeutic or behavior reasons |
Yes |
No, and the problems are solely the result of emotional, behavioral, or genetic issues |
|
Parent, guardian, or mental health professional |
Therapeutic or behavior reasons; request for referral to Residential Treatment Center Project |
No |
Yes |
|
Parent, guardian, or mental health professional |
Therapeutic or behavior reasons; request for referral to Residential Treatment Center Project |
No |
No, and the problems are solely the result of emotional, behavioral, or genetic issues |
|
Requester |
Reason for Placement Assistance |
Child Adopted from DFPS Conservatorship |
Allegation of Abuse or Neglect |
Assessment |
4570 Reports Involving Family Violence
4571 PHAB as a Result of Exposure to Family Violence
SWI Policy and Procedures July 2024
When a child is injured during family violence, the intake specialist considers:
- The age of the child.
- The severity of the injury.
- The presence of special needs or disabilities.
- Direct threats of physical harm to the child.
The intake specialist completes an intake for PHAB when:
- Family violence results in any physical injury to a child aged five or younger, or a child of any age with special needs or a disability that raises the child’s level of vulnerability.
- Family violence results in a substantial physical injury to a child of any age.
- A caregiver threatens to kill or substantially harm a child, and factors indicate the following:
- A reasonable likelihood that the caregiver may follow through with the threat.
- The child shows genuine fear of harm.
See 4574 Designating Roles for Family Violence-Related Intakes.
4572 NSUP as a Result of Exposure to Family Violence
SWI Policy and Procedures July 2024
When assessing for Neglectful Supervision (NSUP), the intake specialist considers whether the child is in the proximity of the violence. Proximity is defined as the child being located in a place that reasonably places the child at risk of physical harm in relation to the level of violence. The intake specialist also considers:
- The child’s level of vulnerability.
- Injuries sustained by the child.
- The severity of injuries sustained by the caregiver. This is an indicator of the level of violence, which helps the intake specialist determine the threat of harm to the child.
The intake specialist completes an intake for NSUP in the following circumstances:
- A caregiver is in proximity of a child while committing family violence that has the potential to cause serious harm to the child, such as:
- Throwing objects.
- Using weapons to harm or threaten others.
- Striking others when a child is likely to be hit.
- A child, of any age, attempts to intervene by placing himself in close proximity to the violence.
- A household member assaults a caregiver who is supervising a vulnerable child, and the severity of the caregiver’s injuries prevent him or her from providing appropriate care and supervision for the child. This situation does not require the child to be in proximity to the violence.
- A child, age five or older, sustains a minor injury from exposure to family violence, but the severity of the incident could have resulted in a more serious injury. If a child younger than five is injured, see 4571 PHAB as a Result of Exposure to Family Violence.
See 4574 Designating Roles for Family Violence-Related Intakes.
Texas Administrative Code §707.477
4573 EMAB as a Result of Exposure to Family Violence
SWI Policy and Procedures July 2024
When assessing for emotional abuse (EMAB) as a result of exposure to family violence, the intake specialist explores the child’s behaviors to look for a link between the violence and the child’s behaviors.
See 4211 Emotional Abuse (EMAB).
The intake specialist uses professional judgment to do the following:
- Identify behaviors or symptoms.
- Determine whether these symptoms present an observable and material impairment in the child’s growth, development, or psychological functioning.
See 4574 Designating Roles for Family Violence-Related Intakes.
Texas Family Code §261.001(1)(A),(B)
Texas Administrative Code §707.477
Texas Administrative Code §707.453
4574 Designating Roles for Family Violence-Related Intakes
SWI Policy and Procedures July 2024
The intake specialist considers specific criteria in the Texas Administrative Code (TAC) when identifying alleged perpetrators (APs) of family violence. Information to support TAC definitions may not be known at the intake stage. Once abuse or neglect has been determined, the intake specialist makes the following designations:
- Designates the role of the AP based on which adult caused harm to another adult in a way that presented a safety threat to a child.
- Designates the role of the adult victim of family violence as Unknown, which allows CPS to change the role after the caseworker assesses the entire situation and determines whether specific criteria outlined in Texas Administrative Code §707.477 are applicable.
The intake specialist does not consider the frequency of occurrence when designating roles. Additionally, the actions of the adult victim of family violence in defending herself, himself, or the children should not be considered as “engaging” or “participating” in family violence.
Both adults may be designated a role of AP in the following situations:
- Both have caused harm during separate incidents.
- One adult demonstrated aggression, but the other adult intensified the violence beyond what was necessary for self-protection. (For example: Mother pushes aunt and then walks away. Aunt responds by grabbing a hammer and hitting mother in the head.)
4580 Motorized Vehicles (Including ATVs)
SWI Policy and Procedures July 2024
CPI generally does not investigate situations related to traffic violations, such as driving without proper car seats, use of seatbelts, or speeding with a child in the vehicle. Law enforcement agencies have jurisdiction to investigate these cases. The intake specialist obtains additional information and considers all other factors to determine if the situation falls under CPI jurisdiction to investigate.
4581 Driving without a Car Seat or Seat Belt
SWI Policy and Procedures July 2024
Though failing to secure a young child in a car seat or with a seat belt is against Texas law, this alone does not constitute child abuse or neglect.
When SWI receives a report alleging that parents or caregivers did not secure their children with car seats or seat belts, the intake specialist:
- Gathers additional information.
- Assesses the situation according to DFPS’s interpretation of the legal definitions of abuse and neglect.
If an unrestrained child is injured or dies in a traffic accident, the intake specialist completes an intake only when there are additional safety issues such as:
- Parent was under the influence of drugs or alcohol at the time of the car accident.
- Parent knowingly took unsafe actions that directly placed the child in substantial danger of harm, such as trying to outrun police in a car chase or using their vehicle as a weapon.
4582 Caregiver Driving While under the Influence of Drugs or Alcohol
SWI Policy and Procedures July 2024
The intake specialist focuses the interview on how the caregiver’s substance use affects his or her ability to care for the children, and how the caregiver’s behavior affects the safety of the children.
Law Enforcement Reporting
When law enforcement reports a caregiver driving under the influence of drugs or alcohol with a child in the car, the intake specialist is not required to establish potential harm or patterns of behavior. Law enforcement officials provide a professional opinion as to the caregiver’s impairment. Therefore, when law enforcement reports these situations, the intake specialist recommends an investigation.
All Other Reporters
When the reporter is not law enforcement, the intake specialist obtains additional information to establish whether the situation falls under CPI jurisdiction.
Relevant factors may include, but are not limited to:
- How the caregiver acts or drives while under the influence.
- Frequency of occurrence.
- If the child has been injured.
4583 Children Left Alone in Vehicles
SWI Policy and Procedures July 2024
The intake specialist carefully assesses situations involving children left unsupervised in motor vehicles, a potentially dangerous combination, and all associated safety issues before determining whether the incident falls under CPI jurisdiction.
Safety factors to be considered include, but are not limited to:
- Age and capabilities of the child
- Sufficiency of ventilation
- Time left alone in the car
- Temperature and weather outside
- Location of the vehicle
- The child’s physical and emotional condition (overheated, scared, worried, and so on)
- Whether the child is participating in dangerous behaviors (playing with the car’s controls, climbing in the trunk, exiting the vehicle)
Any combination of these factors may warrant an intake. The intake specialist completes a thorough interview to fully assess each situation on an individual basis.
4600 CPI and CPS Special Topics – Part 2
SWI Policy and Procedures December 2020
The following are topics specific to CPI and CPS.
4610 Locating Families
SWI Policy and Procedures December 2020
When a report is made concerning a child or family who was previously involved with CPI or CPS but is now missing, CPI or CPS must respond as quickly as possible. These types of cases are identified in IMPACT by:
- A red sunburst on an Unable to Complete (UTC) case.
- The Child Safety Check Alert List (CSCAL) designation.
Both designations require special procedures.
4611 UTC Case with a Red Sunburst
SWI Policy and Procedures December 2022
When a CPI investigation is closed with a disposition of Unable to Complete (UTC) and the investigation was completed within the past 12 months, a red sunburst indicator may display next to the case number on the Case List page. Not every case with UTC disposition will have a red sunburst. The red sunburst designation is removed from the case after a year has passed since the last investigation. SWI only follows UTC procedures when a UTC case is designated with a red sunburst.
A case might have both Child Safety Check Alert List (CSCAL) and UTC designations. In those situations, CSCAL procedures are followed.
See Child Protective Services Handbook, 3110 Purpose of the Child Safety Check Alert List (CSCAL).
4611.1 UTC Procedures
SWI Policy and Procedures July 2024
When a red sunburst is found during a history search on any principal in the Unable to Complete (UTC) case, the intake specialist determines whether Child Protective Investigations (CPI) has initiated an investigation since the family’s most recent UTC closure. The intake specialist then follows the instructions under the applicable subheading (Investigation Since UTC or No Investigation Since UTC) below.
Investigation Since UTC
If CPI has initiated an investigation since the family’s most recent UTC closure, the intake specialist assesses and processes the report according to standard procedures.
No Investigation Since UTC
If CPI has not initiated an investigation since the family’s most recent UTC closure, the intake specialist follows the instructions under the applicable scenario (A, B, or C) below.
Exception: When the reporter is anonymous, the intake specialist follows instructions under scenarios A and C only. DFPS cannot accept anonymous reports of child abuse or neglect under CPI’s jurisdiction. If an anonymous reporter discloses new allegations (scenario B) that meet the legal definition of child abuse or neglect, the intake specialist completes an I&R Refused to Report.
See:
2122.7 Anonymous Reporter Reveals Enough Information to Find an Existing CPI Case
Scenario A: New Locating Information and No New Allegations
If CPI has not initiated an investigation since the UTC closure, the reporter is providing new locating information, and there are no new allegations, the intake specialist takes the following steps:
- Duplicates the intake through the New Using feature.
- Updates the existing information, for all persons, to reflect the new locating information.
- Manually changes the county, if the updated locating information is out of state, and the new intake is assigned to the county that investigated the UTC case.
- Assesses a Priority 1.
- Documents, in the Assessment/History section of the narrative, “Per UTC policy, this is being entered as a P1 intake.”
- Auto-assigns the intake. If auto-assign is not available, refer to the Assignment Charts.
- Completes an I&R to Existing CPS Case to the new intake that was generated in the first step above. This I&R documents the contact that led to the new P1 intake.
- Auto-assigns the I&R.
- Gives the reporter the report ID number for the I&R when the reporter is not anonymous.
Scenario B: New Allegations
If CPI has not initiated an investigation since the UTC closure, and there are new allegations, whether the reporter can or cannot provide current locating information, the intake specialist does as follows:
- Completes a new P1 intake.
- Documents the current locating information, if the reporter provides it. If no new locating information is provided, he or she documents the most recent locating information from IMPACT.
- Documents the current allegations.
- Documents, in the Assessment/History section of the narrative, “Per UTC policy, this intake is being entered as a P1.” (It is not necessary to complete a separate I&R.)
- Auto-assigns the intake.
See exception for anonymous reporters above under No Investigation Since UTC.
Scenario C: No New Locating Information and No New Allegations
If CPI has not initiated an investigation since the UTC closure, the reporter cannot provide new locating information, and there are no new allegations, the intake specialist completes the I&R type that is most relevant to the situation.
SWI does not generate a case-related special request (CRSR) for the following reasons:
- DFPS field staff already conducted a Texas Integrated Eligibility Redesign System (TIERS) search.
- DFPS field staff exhausted all other methods for locating the family.
See 4615 Not Enough Locating Information for a CPI Intake.
The intake specialist refers to the table below for additional guidance in processing UTC reports.
| Case Stage |
Sunburst |
Procedures |
|---|---|---|
Closed UTC |
No |
Follow standard assessing and processing procedures. Justification: The case is not flagged with a sunburst. |
Closed UTC |
Yes |
Follow UTC procedures outlined in this section. Justification: The fact that the case is flagged with a red sunburst indicates that it has been less than 12 months since CPI last had contact with the family. |
Closed UTC and Open CSCAL |
Yes |
Follow CSCAL procedures. Justification: CSCAL procedures take precedence over UTC procedures, because they offer immediate assistance to officers on scene, while UTC procedures allow for a 24-hour response. |
4612 The CSCAL Program (Child Safety Check Alert List)
SWI Policy and Procedures December 2020
The Texas Department of Public Safety (DPS) runs CSCAL, an automated program that helps DFPS find families that move and cannot be located, for purposes of:
- Investigating a report of child abuse or neglect.
- Alternative response.
- Providing protective services to a family receiving family-based support services.
- Providing, in limited circumstances, protective services to the family of a child who is in the managing conservatorship of DFPS.
The CSCAL designation is displayed as Special Handling on the Case Summary page as “Child Safety Check Alert List.” In addition to the CSCAL designation, a red sunburst may also be present in case history, indicating the case is also UTC. When a case reflects both designations, the intake specialist follows CSCAL procedures.
4612.1 CSCAL Reported by Law Enforcement
SWI Policy and Procedures June 2023
When law enforcement encounters a person on the Child Safety Check Alert List (CSCAL), they report the information to SWI.
The intake specialist:
- Gathers identifying and locating information for each person on the CSCAL.
- Requests the DFPS case number or the originating case agency (OCA) number. (OCA is the term some law enforcement agencies use to refer to the DFPS case number).
- Performs a case or person search to determine if the people on the CSCAL are principals (PRNs) in an open or closed CPS case in IMPACT.
Principal (PRN) Match Found
Regardless of CSCAL designation in IMPACT, if the people named in the CSCAL are listed as PRNs in any open or closed CPS case, the intake specialist:
- Tells law enforcement that he or she will immediately contact the local CPI office to relay the information.
- Requests law enforcement stay with the PRNs and wait for contact from the local CPI office. If law enforcement cannot stay or already let the PRNs go, the procedures for the intake specialist are the same.
- Uses the table below to complete the report.
| If: |
Then the intake specialist: |
|---|---|
There are no new allegations, and the case is open. |
|
There are no new allegations, and the case is closed. |
|
There are new allegations, and the case is open or closed. |
|
No Match Found or Collateral (COL) Match Only
The intake specialist may not find a person search match or may find that the person searched is only a collateral (COL) in the CSCAL case. When this happens, the intake specialist selects CSCAL from the Disaster Relief Code drop-down menu on the Report Information page, but otherwise assesses the current information according to standard procedures.
4612.2 CSCAL Discovered During Routine History Search
SWI Policy and Procedures July 2024
The intake specialist might discover a CSCAL designation when performing a routine history search. The intake specialist determines whether any people in the current report are principals (PRNs) in the case with the CSCAL designation.
Principal (PRN) Match Found
When a routine history search reveals that people in a current report are PRNs in a DFPS case with a CSCAL designation, the intake specialist uses the table below to complete the report. This applies even when the family’s current location is out of state.
Exception: When the reporter is anonymous, the intake specialist follows instructions in the table below only when there are no new allegations. DFPS cannot accept anonymous reports of child abuse or neglect under CPI’s jurisdiction. If an anonymous reporter discloses new allegations that meet the legal definition of child abuse or neglect, the intake specialist completes an I&R Refused to Report.
See:
2122.7 Anonymous Reporter Reveals Enough Information to Find an Existing CPI Case
| If: |
And: |
Then the intake specialist: |
|---|---|---|
There are no new allegations. |
The case is open. |
|
There are no new allegations. |
The case is closed. |
|
There are new allegations. |
The case is open or closed. |
See exception for anonymous reporters above. |
Principal (PRN) Match Found/No Locating
The intake specialist processes the report as an I&R most applicable to the situation if the reporter could not provide current locating information, even when there are new allegations, and whether the previous case is currently open or closed. SWI does not generate a CRSR because CPI staff has already exhausted all other methods for locating the family.
When the reporter is anonymous, the intake specialist completes the most applicable I&R type based on what information the reporter discloses.
See:
2122.7 Anonymous Reporter Reveals Enough Information to Find an Existing CPI Case
Collateral (COL) Match Found
When a routine history search reveals that the person being searched is only a collateral (COL) in a CSCAL designated case, the intake specialist:
- Does not follow CSCAL procedures.
- Assesses and prioritizes the current information according to standard procedures.
4613 HHSC Unable to Locate Parent or Guardian of a Child in an ICF/IID or Nursing Facility
SWI Policy and Procedures July 2024
Health and Human Services Commission (HHSC) staff sends a referral to the SWI QAUNIT mailbox when either of the following are true:
- An intermediate care facility (ICF) was unable to locate a parent or guardian for a child with an intellectual disability or related condition for a full year.
- A nursing facility is unable to locate a resident child’s parent or guardian for a full year.
In these cases, the intake specialist:
- Completes a Priority 2 (P2) intake with an allegation of abandonment (ABAN).
- Designates the HHSC staff submitting the referral as the reporter.
- Documents in the narrative that the referral is in accordance with Government Code §531.165.
- Assigns the report to the parent or guardian’s last known county of residence or to the county where the facility is located, if HHSC is unable to provide the parent or guardian’s last known county of residence.
- Emails the attachments completed and sent by HHSC (DFPS Diligent Search Form 2277 and HHSC checklist for Parent/Guardian Search) to the CPI routing coordinator (RC) of the region to which the P2 was sent.
4614 Limited Locating Information
SWI Policy and Procedures July 2024
When a reporter has limited locating information, the intake specialist asks the reporter whether he or she has any of the following information:
- Directions to the home.
- A post office box or rural route address (even if directions are not known).
- The name, address, or other locating information for the child’s school or day care.
- The name, address, or other locating information for the workplaces of the household members.
- The current location of the child or household members if the location is different from the residence, or if the residence is unknown. The intake specialist attempts to obtain specific dates and times when the child or household member is at this location.
- A Texas license plate number that is registered to a valid address.
The intake specialist completes an intake when sufficient locating information is obtained. If the intake specialist is unable to complete an intake, he or she follows the instructions in 4615 Not Enough Locating Information for a CPI Intake and its subsections.
Child Is Believed to Be Unhoused
Being unhoused is not a sole qualifier for an intake because the child is not always in a state of abuse or neglect. The intake specialist explores the safety of the children and the impact being unhoused has on them. The child may be otherwise healthy and well-cared-for, despite the family’s situation.
When there are abuse or neglect allegations and the family is believed to be unhoused, the intake specialist asks for additional information to help locate the child. This includes the following:
- A physical description of the child.
- The current location of the child, if known.
- A summary of the family’s habits or patterns, including specific locations the family frequents or activities the family participates in at certain times and dates.
If the reporter provides enough information to expect that the child can be identified and located, the intake specialist completes a CPI intake. If the intake specialist is unable to complete an intake, he or she follows 4615 Not Enough Locating Information for a CPI Intake and its subsections.
4615 Not Enough Locating Information for a CPI Intake
SWI Policy and Procedures July 2024
The reporter may be unable to provide sufficient locating information to process an intake. When this occurs, the intake specialist does the following:
- Searches in IMPACT and on the internet.
- Requests a TIERS search. See 4615.1 Requesting a TIERS Search.
- Contacts SWI support staff by instant message to request a license plate search, if that is the only information available. See 2490 License Plate Searches.
The intake specialist completes an I&R Clearly Not Reportable Re: Child when both of the following are true:
- There is no locating information available.
- The reporter is not able to provide the full name (first and last) of any of the following people:
- An alleged perpetrator.
- A victim.
- Any adult household member of a victim or alleged perpetrator.
4615.1 Requesting a TIERS Search
SWI Policy and Procedures July 2024
The intake specialist contacts support staff by instant message and requests a TIERS search when all of the following apply:
- There is not enough locating information to process an intake about a child.
- The family lives in Texas (or, based on the report, it appears likely that the family lives in Texas).
- The intake specialist has obtained the first and last name of at least one of the following people:
- An alleged perpetrator.
- A victim.
- Any adult household member of a victim or alleged perpetrator.
See 2480 Texas Integrated Eligibility Redesign System (TIERS) Searches.
The intake specialist provides the report ID number and all other information that support staff requests.
Successful TIERS Search
If the search is successful, support staff provides the locating information to the intake specialist, and the intake specialist completes the intake.
Unsuccessful TIERS Search
If the search is unsuccessful, support staff notifies the intake specialist, who then completes a CRSR-Req Local Public Svc and submits it to the Supervisor Approval workload.
4615.2 Processing a CRSR Completed Due to a Lack of Locating Information
SWI Policy and Procedures July 2024
Before completing a CRSR due to a lack of locating information, the intake specialist follows the steps in 2480 Texas Integrated Eligibility Redesign System (TIERS) Searches.
If a CRSR-Req Local Public Svc is appropriate, the intake specialist does the following:
- Completes the Report Information page. A county must be documented for the person chosen as the case name. Because the county is unknown, the intake specialist selects “Travis County” as the county and Other as the Address Type.
- Submits the CRSR to the Supervisor Approval workload.
- Notifies the supervisor channel that he or she submitted a CRSR completed due to lack of locating to the Supervisor Approval workload.
The supervisor then does the following:
- Follows the instructions in the Close a Case Related Special Request section of the SWI IMPACT User Guide on the DFPS intranet and chooses the reason Services Completed.
- Completes the CRSR Lack of Locating Notification email template, which notifies SWI support staff that the CRSR requires action.
Support staff sends the information to Family Inquiry Network/Database Research System (FINDRS) to request assistance in obtaining locating information. FINDRS sends a reply email with the results to each person on the CRSR Lack of Locating Notification email template.
4615.3 Processing Results of the FINDRS Search
SWI Policy and Procedures July 2024
Upon receipt of a response from FINDRS, the following steps occur:
- Support staff notifies the supervisor or worker V who initiated the email template to FINDRS that the results were received, so that he or she is aware it is in progress. There is no expectation for the original supervisor or worker V to take additional action.
- Support staff notifies Workforce Management and provides the RightFax number associated with the response.
- Workforce Management assigns the RightFax number to a designated intake specialist for processing.
- The intake specialist uses the RightFax number to access the report from the Mail/Fax workload in IMPACT and completes an intake or I&R, depending on the results.
The information from FINDRS contains the original report ID number or the case number, and the new locating information, if any.
Successful FINDRS Search
If the FINDRS search results contain new locating information, the intake specialist does the following:
- Duplicates the original report (using the New Using feature).
- Enters the new locating information.
- Completes an intake.
See 2812 Duplicating a Report (New Using).
Unsuccessful FINDRS Search
If the FINDRS search does not find any new locating information, the intake specialist completes an I&R Clearly Not Reportable Re: Child. He or she does not duplicate the original report.
4620 Methamphetamine Labs
SWI Policy and Procedures July 2024
When a child is alleged to be exposed to methamphetamine manufacturing (commonly known as meth labs), the intake specialist completes an intake.
Prioritization
When a law enforcement official or representative (such as victim services) informs SWI that police are at a home or are planning to respond to a home where methamphetamines are being manufactured and children are present, the intake specialist completes a Priority 1 (P1) intake.
When a reporter other than law enforcement reports suspicion that methamphetamines are being manufactured in the home, the intake specialist obtains detailed information about the following:
- The location of the lab in the home.
- When and how often the drug is being made.
- Where the chemicals are stored.
- Whether there is a chemical odor in the home.
- Whether the children have access to the chemicals or processing equipment.
- Whether the children have sustained harm as a result of the manufacturing.
If the information regarding a methamphetamines lab in the home appears to be credible, the intake specialist completes a Priority 1 (P1) intake.
If the reporter has no specific details, the intake specialist assesses the priority based on all the risk factors.
Special Handling
Suspected manufacturing of methamphetamines requires special handling. If the report meets the requirement for special handling, the intake specialist:
- Marks the Special Handling checkbox.
- Documents brief comments, such as the location of the lab, in the Special Handling section on the Intake Actions page.
- Enters the details in the narrative and in the Special Handling Comments box.
See:
2666 Suspected Manufacturing of Methamphetamines
4630 Child Death
SWI Policy and Procedures March 2023
Any report of a child death requires the intake specialist to consult with a supervisor, worker V, or acting supervisor. Intake specialists who are acting supervisors do not have to consult on child death reports, but may do so, if needed.
When an intake is assessed, the staffing supervisor, worker V, or acting supervisor does as follows:
- Consults the Child Death Report & Notification guidelines.
- Completes notification if required.
See 4631 Death of a Child Not in DFPS Conservatorship.
4631 Death of a Child Not in DFPS Conservatorship
SWI Policy and Procedures March 2023
The intake specialist assesses reports involving a child’s death, regardless of how much time has passed since the child’s death. The intake specialist’s assessment depends on these factors:
- Jurisdiction.
- If the child’s death was investigated previously.
- If there are current allegations of abuse or neglect to other living children.
- If the reported information indicates abuse or neglect as a contributing factor to the child’s death.
To determine if the child’s death was investigated previously, consider closed investigation stages. The merged case may still be open, but the investigation stage involving the child death is closed.
A child death is not considered investigated previously when:
- There is an open investigation stage involving the child’s death.
- There is an open or closed CRSR involving the child’s death.
4631.1 Priority 1 (P1)
SWI Policy and Procedures March 2023
The intake specialist completes a P1 intake when all the following conditions apply:
- The situation is under CPI jurisdiction.
- CPI has not investigated the child’s death.
- It is alleged or suspected that abuse or neglect is a contributing factor to the child’s death.
Note: This may include current allegations of abuse or neglect to other living children. The intake specialist designates the oldest victim child, living or deceased, as OV on the person list in IMPACT.
4631.2 Case-Related Special Request (CRSR)
SWI Policy and Procedures March 2023
The intake specialist completes a CRSR – Request for Local Public Service (C-PB) when reported by a professional or non-professional and all of the following conditions apply:
- The situation is under CPI jurisdiction.
- CPI has not investigated the child’s death.
- There are no current allegations of abuse or neglect for other living children.
- Any of the following situations apply:
- It is unclear whether abuse or neglect contributed to the child’s death.
- The cause of death is unknown.
See 4821 CRSR – Request for Local Public Service (C-PB).
CPI conducts inquiries into the child death CRSR. When field staff obtain information that there is abuse or neglect, field staff contact SWI to request a reentry of the CRSR as an intake.
See:
2865.1 Reentering a Child Death CRSR as an Intake
4631.3 Current Allegations with Vague Child Death Information
SWI Policy and Procedures March 2023
The intake specialist completes an intake when all the following conditions apply:
- The situation is under CPI jurisdiction.
- There are current allegations of abuse or neglect for other living children.
- The information about the child’s death is vague.
A previous or current investigation involving the child’s death is not a factor in assessment in this situation because the information is too vague. If there is an open case related to the child’s death, the intake specialist pastes it at the top of the narrative.
The intake specialist assesses a priority based on the current safety threats and documents information about the child’s death only in the narrative. The intake specialist does not include the deceased child on the person list.
4631.4 Current Allegations with Clear Child Death Information
SWI Policy and Procedures March 2023
The intake specialist completes an intake when all the following conditions apply:
- The situation is under CPI jurisdiction.
- CPI investigated the child’s death and closed the investigation stage.
- There are current allegations of abuse or neglect for other living children.
- Abuse or neglect is alleged or suspected as a contributing factor in the child’s death.
The intake specialist assesses a priority based on the current safety threats and documents information about the child’s death only in the narrative. The intake specialist does not include the deceased child on the person list.
4631.5 Priority None (PN)
SWI Policy and Procedures March 2023
The intake specialist assesses a report as a Priority None (PN) with a PN code of Child Death/Incident Addressed in Previous Case when all the following conditions apply:
- The situation is under CPI jurisdiction.
- CPI investigated the child’s death and closed the investigation stage.
- There are no current allegations of abuse or neglect for other living children.
- Abuse or neglect is alleged or suspected as a contributing factor in the child’s death.
See 4333 Child Death/Incident Addressed in Previous Case.
The intake specialist assesses a report as a Priority None (PN) with a PN code of Past Abuse or Neglect; No Current Safety Issues when all the following conditions apply:
- The situation is under CPI jurisdiction.
- CPI did not investigate the child’s death or did, but CPI closed the investigation stage.
- There are no current allegations of abuse or neglect for the deceased child or other living children; however, there are allegations of past abuse or neglect.
- The information about the child’s death is vague.
A previous or current investigation involving the child’s death is not a factor in assessment in this situation, because there is past abuse or neglect and the child death information is too vague, unclear, or unknown.
See 4331 Past Abuse or Neglect; No Current Safety Issues.
4631.6 Information and Referral (I&R)
SWI Policy and Procedures March 2023
The intake specialist completes an I&R in any of the following situations:
- The situation is not under DFPS jurisdiction.
- A child died, and the cause of death is believed to be:
- The result of natural causes.
- No abuse or neglect is alleged or suspected.
- Information about the child’s death is vague, and there are no other victims.
The type of I&R assessed depends on the situation.
4631.7 Child Death Assessment Table
SWI Policy and Procedures September 2024
The intake specialist uses the table below to determine how to assess a report involving a child death. For the purposes of this table, assume CPI has jurisdiction in all of the situations, except the last one.
| Situation Number |
Child Death History |
Current Allegations for Other Living Victims |
Abuse or Neglect |
Assessment |
|---|---|---|---|---|
1 |
Never investigated. |
No |
Abuse or neglect is alleged or suspected as a contributing factor in the child’s death. |
P1 |
2 |
Never investigated. |
Yes |
Both: Abuse or neglect is alleged or suspected as a contributing factor in the child’s death. Current allegations of abuse or neglect for other living children. |
P1 |
3 |
Never investigated. |
No |
Either: It is unclear whether abuse or neglect contributed to the child’s death. The cause of death is unknown. And: No allegation of past abuse or neglect for the deceased child or other living children. |
CRSR |
4 |
Never investigated or investigated and the investigation stage is closed. |
Yes |
Both: Vague child death information. Current allegations of abuse or neglect for other living children. |
Intake based on current safety threats. Child death information documented only in the narrative. |
5 |
Never investigated or investigated and the investigation stage is closed. |
No |
Both: Vague, unclear, or unknown child death information. Allegations of past abuse or neglect for deceased child or other living children. |
PN: Past Abuse or Neglect; No Current Safety Issues. Child death information documented only in the narrative. |
6 |
Investigated and investigation stage is closed. |
Yes |
Both: Abuse or neglect is alleged or suspected as a contributing factor to the child’s death. Current allegations of abuse or neglect for other living children. |
Intake based on current safety threats. Child death information documented only in the narrative. |
7 |
Investigated and investigation stage is closed. |
No |
Abuse or neglect alleged or suspected as a contributing factor in the child’s death. |
PN: Child Death/Incident Addressed in Previous Case |
8 |
Never investigated or investigated and the investigation stage is closed. Not DFPS jurisdiction. |
No |
Either: No abuse or neglect alleged or suspected. Child death believed to be a result of natural causes. Vague death information. |
I&R |
4632 Death of a Child in DFPS Conservatorship
4632.1 Program Jurisdiction for the Death of a Child in DFPS Conservatorship
SWI Policy and Procedures June 2023
Children in DFPS conservatorship often reside in placements or other living arrangements that fall under the jurisdiction of various programs in DFPS and other state agencies. Each of these programs assesses a child’s death differently. Before completing a report for the death of a child in DFPS conservatorship, the intake specialist determines the type of placement or living arrangement that the child was in at the time of death. These types include the following:
- An unlicensed placement (for example, the home of a kinship caregiver who is not verified as a foster parent).
- A facility under the jurisdiction of the Texas Juvenile Justice Department (TJJD).
- A nursing home.
- A facility under the jurisdiction of Child Care Investigations (CCI) (for example, a foster home or day care).
- A facility or community provider under the jurisdiction of Provider Investigations (PI).
Notifying the Local CPS Office of the Death of a Child in DFPS Conservatorship
The intake specialist notifies the CPS office in the county that had conservatorship of the child who died, regardless of which agency or DFPS program has jurisdiction to investigate.
In most instances, the intake specialist makes this notification by completing an I&R to Existing CPS Case and an I&R CVS Caseworker Notification.
See:
3101 CVS Caseworker Notification
4561 Children in DFPS Conservatorship
4561.1 Situations That Require an I&R to Existing CPS Case
4632.2 Death of a Child in DFPS Conservatorship in an Unlicensed Placement
SWI Policy and Procedures June 2023
Unlicensed placements or living arrangements may include any of the following:
- A child who lived in an unlicensed kinship placement (that is, one that was not verified as a foster home).
- A child who lived in the child’s family’s home.
- A child who was on runaway status, with no licensed placement listed in IMPACT.
- A child who died while hospitalized in a medical facility, and the hospital was listed in IMPACT as the child’s placement at the time of death.
The intake specialist completes a priority 1 (P1) intake for CPI if both of the following apply:
- A child in DFPS conservatorship dies in a placement or living arrangement that does not require licensure. If the placement or living arrangement requires licensure but does not have a license, see:
- CPI has not already investigated the death.
A P1 intake is required even if there is no indication that abuse, neglect, or exploitation was a contributing factor in the death.
The intake specialist also completes an I&R CVS Caseworker Notification.
If there is an open case involving the child in a different county than the county responsible for investigating the death, the intake specialist also completes an I&R to Existing CPS Case. This I&R is not needed if a CPI intake is going to the same county as the child’s conservatorship case, and the only open stage of service is the SUB stage.
If there are no clear allegations, the intake specialist does the following:
- Chooses the allegation most applicable to the situation.
- Does not designate an Alleged Perpetrator on the Person List.
- Leaves the Alleged Perpetrator field on the Intake Actions page blank.
See:
3101 CVS Caseworker Notification
3121 Specific Considerations for an I&R to Existing Case
4561.1 Situations That Require an I&R to Existing CPS Case
4632.3 Death of a Child in DFPS Conservatorship in a Facility under the Jurisdiction of the Texas Juvenile Justice Department (TJJD)
SWI Policy and Procedures June 2023
When a child in DFPS conservatorship dies while incarcerated in a facility under the jurisdiction of the Texas Juvenile Justice Department (TJJD), the intake specialist refers the reporter to the administration of the TJJD facility and to the appropriate law enforcement agency.
The intake specialist completes the following:
- An I&R to Existing CPS Case.
- An I&R Non-FPS Criminal Matter Referred to Law to the law enforcement agency with jurisdiction. This includes the Texas Department of Public Safety – Joint Crimes Information Center (JCIC) if the situation involves any human trafficking.
- An I&R Matter Referred On to TJJD. The intake specialist assigns this I&R to the faxing workload.
See:
3121 Specific Considerations for an I&R to Existing Case
3171 Non-FPS Criminal Matter Referred to Law
4561.1 Situations That Require an I&R to Existing CPS Case
4632.4 Death of a Child in DFPS Conservatorship in a Nursing Home
SWI Policy and Procedures June 2023
When a child in DFPS conservatorship dies while the child is a patient in a nursing home, the intake specialist refers the reporter to Health and Human Services (HHS) Complaint and Incident Intake (CII) and to the appropriate law enforcement agency.
The intake specialist completes the following:
- An I&R to Existing CPS Case.
- An I&R Non-FPS Criminal Matter Referred to Law to the law enforcement agency with jurisdiction. This includes the Texas Department of Public Safety – Joint Crimes Information Center (JCIC) if the situation involves any human trafficking.
- An I&R Referred to HHSC. The intake specialist assigns this I&R to the faxing workload.
See:
3121 Specific Considerations for an I&R to Existing Case
3171 Non-FPS Criminal Matter Referred to Law
4561.1 Situations That Require an I&R to Existing CPS Case
4632.5 Death of a Child in DFPS Conservatorship in a Facility under the Jurisdiction of Child Care Investigations (CCI)
SWI Policy and Procedures June 2023
When a child in DFPS conservatorship dies while in the care of a child care facility that is subject to regulation by Child Care Regulation (CCR) (DCR for day care or RCCR for residential child care, including foster homes), see:
CCR Situations Involving a Child in DFPS Conservatorship (on the DFPS intranet)
3101 CVS Caseworker Notification
8720 A Child’s Death in a DCR Operation
9720 A Resident’s Death in an RCCR Operation
4632.6 Death of a Child in DFPS Conservatorship in a Situation under the Jurisdiction of Provider Investigations (PI)
SWI Policy and Procedures June 2023
When a child in DFPS conservatorship dies while in the care of a facility or community provider under the jurisdiction of Provider Investigations, see:
3101 CVS Caseworker Notification
6720 Reports Involving Children in DFPS Conservatorship or Adults in DFPS Extended Foster Care
7620 Reports Involving Children in DFPS Conservatorship
4640 Forced or Coerced Marriage
SWI Policy and Procedures July 2024
Forced or coerced marriage abuse is when someone forces or coerces a child to get married or to marry a specific person.
Texas Family Code §261.001(1)(M)
When the intake specialist receives information that a caregiver is forcing or coercing a child into marriage against the child’s will, he or she completes an intake. The allegation is dependent upon the circumstances.
When the situation clearly meets intake criteria for an existing allegation, the intake specialist designates that allegation. For example:
- If a caregiver threatens to cause substantial physical harm to a child if the child does not marry, an intake for Physical Abuse (PHAB) is appropriate.
- If a child experiences observable emotional harm as a result of being forced or coerced into marriage, an intake for Emotional Abuse (EMAB) is appropriate.
When the situation does not clearly fall under any of the existing allegation types, the intake specialist defaults to an allegation of Neglectful Supervision (NSUP).
When the Marriage Has Already Occurred
Once a child enters into a legal marriage, the child is emancipated, and DFPS no longer has jurisdiction to investigate. However, when assessing claims of forced or coerced marriage, the intake specialist is not responsible for determining whether the child has entered into a legal marriage. When an alleged incident of forced or coerced marriage has already occurred, the intake specialist completes an intake and designates the most appropriate allegation. CPI will determine whether the marriage is legally valid.
4700 Special Program or Agency Jurisdictional Topics
SWI Policy and Procedures June 2023
The following sections describe how to address complex jurisdictional issues for CPI and CPS.
4710 Incidents Involving Abuse or Neglect Out of State
SWI Policy and Procedures June 2023
When SWI receives a report involving abuse or neglect and the child, the alleged perpetrator (AP), or incident is out-of-state, the intake specialist considers the following to determine jurisdiction:
- The child’s primary residence.
- The child’s current location.
- The AP’s primary residence.
- Where the incident occurred.
See 4711.1 CPI Out-of-State Table to determine jurisdiction and SWI action, including report type and rationale.
See 4822 CRSR – Out of State (C-OS) for requests for home visits or courtesy interviews for someone in Texas.
4711 Incidents, Victims, or Perpetrators Out of State
4711.1 CPI Out-of-State Table
SWI Policy and Procedures September 2024
The intake specialist uses the following table to determine how to assess a report that meets the Texas legal definition of abuse or neglect and involves either of the following:
- Someone who lives out of state.
- An incident that occurs out of state.
In the table, “Out of State” refers to anywhere outside Texas, including other countries.
A child’s primary residence is usually with the managing conservator. The child’s primary residence remains the state that initiated the placement (sending state) when the child is placed through an Interstate Compact on the Placement of Children (ICPC) agreement.
If the child is traveling from one place to another, and the child’s current location or destination is in Texas, then the intake specialist uses the Texas location as the child’s location.
When another state has an active investigation, the out-of-state caseworker may contact SWI to request a home visit or courtesy interview. The intake specialist does not use the table in this situation, because that state is already investigating the allegations. See 4822 CRSR – Out of State (C-OS).
Exception
The intake specialist usually does not send a report of child abuse or neglect to any agency, including to programs equivalent to CPI in other states or countries, if both of the following are true:
- The reporter is anonymous.
- The report falls under CPI’s jurisdiction, if the incident happened in Texas.
If other information in the report does not meet the Texas legal definition of abuse or neglect, the intake specialist considers whether to send it to a program equivalent to CPI in another state or country. If the intake specialist sends this information to a program equivalent to CPI in another state or country, the intake specialist does as follows:
- If information that meets the Texas legal definition of child abuse or neglect from an anonymous reporter is directly relevant to the report faxed to the other agency or program, the intake specialist includes it in the I&R Matter Referred On or CRSR-Request for Local Public Service.
- If information that meets the Texas legal definition of child abuse or neglect from an anonymous reporter is not directly relevant to the report faxed to the other agency or program, the intake specialist completes and closes a separate I&R of the most appropriate type without the New Using function.
See:
| Scenario Number |
Child’s Primary Residence |
Child’s Current Location |
AP’s Primary Residence |
Where Incident Occurred |
SWI Action |
Reasons for Action |
|---|---|---|---|---|---|---|
1 |
Texas |
Texas |
Texas |
Out of State |
Intake to county where child lives. |
The child’s primary residence is Texas. |
2 |
Texas |
Texas |
Out of State |
Texas or Out of State |
Intake to county where child lives. |
The child’s primary residence is Texas. |
3 |
Texas |
Out of State |
Texas |
Texas or Out of State |
Intake to county where child lives. |
The child’s primary residence is Texas, and the child may be at risk if he or she returns to Texas where the AP lives. |
4 |
Texas |
Out of State |
Out of State |
Texas or Out of State |
Intake to county where child lives. |
The child’s primary residence is Texas. |
5 |
Out of State |
Texas |
Texas |
Texas or Out of State |
Intake to county where child is located. |
The AP lives in Texas, and the child is currently in Texas. |
6 |
Out of State |
Texas |
Out of State |
Texas |
Intake to county where child is located. |
Incident occurred in Texas, and the child is currently in Texas. |
7 |
Out of State |
Out of State |
Texas |
Texas |
Intake to county where AP lives. |
Incident occurred in Texas, and the AP lives in Texas. |
8 |
Out of State |
Texas |
Out of State |
Out of State |
One of the following: |
One of the following:
Regardless of access, there is no current safety threat to the child.
|
9 |
Out of State |
Out of State |
Texas |
Out of State |
Incident occurred out of state, and the child is not a Texas resident and is currently away from the AP’s residence. No Texas CPI action, unless the other state’s protective services agency requests it. |
|
10 |
Out of State |
Out of State |
Out of State |
Out of State |
Two I&Rs:
|
The AP and the child both live out of state, and the child is not currently in Texas. |
11 |
Out of State |
Out of State |
Out of State |
Texas |
Two I&Rs: |
Both of the following:
|
Scenario Number |
Child’s Primary Residence |
Child’s Current Location |
AP’s Primary Residence |
Where Incident Occurred |
SWI Action |
Reasons for Action |
If a child is the subject of an ICPC agreement (either a Texas child placed in another state or another state’s child is placed in Texas), see 4711.3 Child in an Out-of-State Placement, Including ICPC, Alleges Abuse or Neglect.
4711.2 I&Rs for Out-of-State Situations
SWI Policy and Procedures September 2023
When 4711.1 CPI Out-of-State Table indicates that the situation is an I&R, follow the procedures specific to the I&R type as follows:
3171 Non-FPS Criminal Matter Referred to Law
When the child resides in another state, the I&R Matter Referred On is faxed to the other state’s child protective services agency. When the child resides in Mexico, the intake specialist assigns the I&R Matter Referred On to the appropriate regional contact who facilitates communication with Desarrollo Integral de la Familia (DIF). See 4714 Child Resides in Mexico. DIF is the Mexican equivalent of Child Protective Investigations and Child Protective Services.
In these situations, the report is either auto-assigned or manually assigned to the Faxing workload.
Exception: The intake specialist usually does not send a report of child abuse or neglect to any agency, including to programs equivalent to CPI in other states or countries, if both of the following are true.
- The reporter is anonymous.
- The report would fall under CPI’s jurisdiction if the incident happened in Texas.
If other information in the report does not meet the definition of abuse or neglect under Texas law, the intake specialist considers whether to send it to a program that is equivalent to CPI in another state. If the intake specialist faxes information to a program that is equivalent to CPI in another state, the intake specialist does the following:
- If information about child abuse or neglect under Texas law from an anonymous reporter is directly relevant to the report faxed to the other agency or program, the intake specialist includes it in the I&R Matter Referred On.
- If information about child abuse or neglect under Texas law from an anonymous reporter is not directly relevant to the report faxed to the other agency or program, the intake specialist completes and closes a separate I&R of the most appropriate type without the New Using function.
See:
4711.3 Child in an Out-of-State Placement, Including ICPC, Alleges Abuse or Neglect
SWI Policy and Procedures July 2024
The intake specialist completes an I&R Matter Referred On when a child in an ICPC placement (SUB stage type C-IC) alleges abuse or neglect that occurred in another state.
Additionally, the intake specialist completes an I&R to Existing CPS Case when all of the following are true:
- There is an open CPS case in Texas in SUB stage.
- The child is placed through an ICPC agreement in another state.
- The child is alleged to have been abused or neglected in the out-of-state placement.
If a child from another state is in an Interstate Compact of a Placement of a Child (ICPC) placement in Texas, the intake specialist assesses according to standard procedures for a CPI or RCCI intake, or an I&R to Existing Case, even if the SUB stage type is C-IC. The intake specialist selects the county where the child is placed in Texas when assigning or calling out an I&R to Existing Case, if the SUB stage is C-IC and the county says “OUT OF STATE.” If it does not involve an ICPC placement, see 4711.1 CPI Out-of-State Table.
A child placed out of state through ICPC is still a Texas resident. Texas is still considered the child’s primary residence.
Exception: The intake specialist usually does not send a report of child abuse or neglect to any agency, including law enforcement or programs equivalent to CPI in other states or countries, if both of the following are true:
- The reporter is anonymous.
- The report would fall under CPI’s jurisdiction if the incident happened in Texas.
If there is information in the report that does not meet the definition of abuse or neglect under Texas law, the intake specialist considers whether to send it to another agency. This information could include safety issues with the ICPC placement or anonymous reports of child abuse or neglect occurring both in Texas and outside of Texas. If the intake specialist faxes this information to another agency or a program that is equivalent to CPI in another state, the intake specialist does as follows:
- Includes the information in the I&R Matter Referred On, if information about child abuse or neglect under Texas law from an anonymous reporter is directly relevant to the report faxed to the other agency or program..
- Completes and closes a separate I&R of the most appropriate type without the New Using function, if information about child abuse or neglect under Texas law from an anonymous reporter is not directly relevant to the report faxed to the other agency or program.
If an anonymous reporter reveals enough information to find an open case, the intake specialist follows procedures in 2122.7 Anonymous Reporter Reveals Enough Information to Find an Existing CPI Case.
See:
| Scenario Number |
Child’s Primary Residence |
Child’s Current Location |
AP’s Primary Residence |
Where Incident Occurred |
SWI Action |
Reasons for Action |
|---|---|---|---|---|---|---|
1 |
Texas |
Out of state through ICPC |
Texas |
Texas or out of state |
Intake to county where AP lives. |
The AP lives in Texas. The child’s primary residence is in Texas, and the child may be at risk if he or she returns to Texas where the AP lives. |
2 |
Texas |
Out of state through ICPC |
Out of State |
Texas or out of state |
Two I&Rs:
If incident occurred in Texas, an additional I&R Non-FPS Criminal Matter Referred to Law. |
The child’s primary residence is Texas, but the child’s current location and the AP are out of state, and the abuse, neglect, or exploitation investigational jurisdiction is out of state. |
3 |
Out of State |
Texas through ICPC |
Texas |
Texas or out of state |
Intake to county where child is located. |
The AP lives in Texas, and the child is currently in Texas. |
4 |
Out of State |
Texas through ICPC |
Out of State |
Texas |
Intake to county where the child is located. |
Incident occurred in Texas, and the child is currently in Texas. |
5 |
Out of State |
Texas through ICPC |
Out of State |
Out of state |
One of the following:
|
One of the following:
|
Scenario Number |
Child’s Primary Residence |
Child’s Current Location |
AP’s Primary Residence |
Where Incident Occurred |
SWI Action |
Reasons for Action |
See:
3121 Specific Considerations for an I&R to Existing Case
3416 Request for an Interstate Compact on the Placement of Children (ICPC)
2372 Out-of-State Abuse or Neglect Incidents in the Child Protective Services Handbook
4712 Abuse or Neglect Both in Texas and Out of State
SWI Policy and Procedures September 2023
If incidents of abuse or neglect occurred to the same child in both Texas and another state, the intake specialist reviews 4711.1 CPI Out-of-State Table to decide whether to complete a Texas CPI intake or another report type.
If a Texas CPI intake is indicated in the table, the intake specialist completes a CPI intake and documents the Texas law enforcement jurisdiction. The intake specialist does not complete an I&R Matter Referred On to fax to the other state unless there are additional children at risk of or being abused or neglected in the other state. See 4712.1 Texas CPI Intake and Additional Children at Risk in Another State.
The local CPI office is responsible for contacting another state’s protective services agency, if needed, for the investigation regarding the child (such as a request for a courtesy interview or referral of the case to the other state’s protective services agency for the child).
If a Texas CPI intake or CRSR is not indicated in the table, the intake specialist completes an I&R Matter Referred On to fax to the other state’s protective services agency as well as an I&R Non-FPS Criminal Matter Referred to Law for Texas law enforcement.
Exception: The intake specialist usually does not send a report of child abuse or neglect to any agency, including to programs equivalent to CPI in other states or countries, if both of the following are true.
- The reporter is anonymous.
- The report is under CPI’s jurisdiction or it would be if the incident happened in Texas.
If other information in the report does not meet the definition of abuse or neglect under Texas law, the intake specialist considers whether to send it to a program that is equivalent to CPI in another state. If the intake specialist faxes this information to a program that is equivalent to CPI in another state, the intake specialist does the following:
- If information about child abuse or neglect under Texas law from an anonymous reporter is directly relevant to the report faxed to the other agency or program, the intake specialist includes it in the I&R Matter Referred On and the I&R Non-FPS Criminal Matter Referred to Law.
- If information about child abuse or neglect under Texas law from an anonymous reporter is not directly relevant to the report faxed to the other agency or program, the intake specialist completes and closes a separate I&R of the most appropriate type without the New Using function.
See:
4712.1 Texas CPI Intake and Additional Children at Risk in Another State
SWI Policy and Procedures September 2023
When safety threats are present for children in another state, the intake specialist refers the reporter to the appropriate out-of-state protective services agency. If the intake specialist completes a CPI intake for abuse or neglect occurring in Texas and the reporter agrees to contact the other state’s protective services agency about additional children, the intake specialist does not complete an I&R Matter Referred On for the concerns in the other state. The intake specialist documents in the CPI intake narrative that the reporter agreed to call the other state’s protective services agency about the additional children living in that state.
If the reporter is unwilling or unable to contact the other state’s protective services agency, or the report is received via fax, mail, or internet, the intake specialist completes an I&R Matter Referred On to the other state’s protective services agency.
Exception: The intake specialist usually does not send a report of child abuse or neglect to any agency, including programs equivalent to CPI in other states or countries, if both of the following are true:
- The reporter is anonymous.
- The report would be under CPI’s jurisdiction if the incident happened in Texas.
If other information in the report does not meet the definition of abuse or neglect under Texas law, the intake specialist considers whether to send it to a program that is equivalent to CPI in another state. If the intake specialist faxes this information a program that is equivalent to CPI in another state, the intake specialist does the following:
- If information about child abuse or neglect under Texas law from an anonymous reporter is directly relevant to the report faxed to the other agency or program, the intake specialist includes it in the I&R Matter Referred On.
- If information about child abuse or neglect under Texas law from an anonymous reporter is not directly relevant to the report faxed to the other agency or program, the intake specialist completes and closes a separate I&R of the most appropriate type without the New Using function.
See:
4713 When Another Country Has Authority to Investigate
SWI Policy and Procedures September 2023
The intake specialist does not send information about child abuse or neglect to any country other than Mexico. If a country other than Mexico has jurisdiction to investigate, the intake specialist completes an I&R Clearly Not Reportable Re: Child.
4714 Child Resides in Mexico
SWI Policy and Procedures September 2023
Regions 6, 10, and 11 have CPI and CPS staff who facilitate communication between CPS and Desarrollo Integral de la Familia (DIF), the Mexican equivalent of CPI and CPS. The intake specialist assigns reports to these regional contacts based on the child’s state of residency in Mexico. It is important to obtain the child’s address in Mexico to ensure the report is assigned to the correct regional contact. The Assignment Charts list contact information as well as which Mexican states each regional contact covers.
When an intake specialist receives a report of abuse or neglect, as determined by Texas’ legal definition, and the child resides in Mexico, the intake specialist uses 4711.1 CPI Out-of-State Table to determine whether to complete a report for Texas or refer the report to Mexico.
When completing a report for Texas, the report is assigned to the appropriate county in Texas.
When referring the report to Mexico, the intake specialist takes the following steps:
- Completes an I&R Matter Referred On.
- Assigns the I&R to the regional contact designated for the child’s Mexican state of residency.
- Calls the regional contact to notify him or her of the assignment. (It is acceptable to leave a voice message.)
If the child’s address in Mexico is unknown at the time of the report, the intake specialist chooses one of the regional contacts listed in the Assignment Charts and follows the steps above.
When the report is about a child who resides in Mexico and it does not meet the Texas legal definition of abuse or neglect, the intake specialist completes the I&R type most appropriate to the situation.
Regardless of whether the allegation meets the Texas legal definition of abuse or neglect, when a professional is requesting CPI’s help regarding a child who resides in Mexico, the intake specialist does the following:
- Completes a CRSR – Request for Local Public Service instead of an I&R Matter Referred On.
- Assigns the CRSR to the regional contact designated for the child’s Mexican state of residency.
- Calls the regional contact to notify him or her of the assignment. (It is acceptable to leave a voice message.)
See 4820 Types of Case-Related Special Requests (CRSRs) Entered by SWI.
Exception: The intake specialist usually does not send a report of child abuse or neglect any agency, including to programs equivalent to CPI in other states or countries, if both of the following are true.
- The reporter is anonymous.
- The report is under CPI’s jurisdiction or it would be if the incident happened in Texas.
If other information in the report does not meet the definition of abuse or neglect under Texas law, the intake specialist considers whether to send it to DIF. If the intake specialist faxes this information to DIF, the intake specialist does the following:
- If information about child abuse or neglect under Texas law from an anonymous reporter is directly relevant to the report faxed to DIF, the intake specialist includes it in the I&R Matter Referred On or CRSR-Request for Local Public Service.
- If information about child abuse or neglect under Texas law from an anonymous reporter is not directly relevant to the report faxed to DIF, the intake specialist completes and closes a separate I&R of the most appropriate type without the New Using function.
See:
4720 Determining CPI or RCCI Jurisdiction for a Child in a Relative or Fictive Kin Placement
SWI Policy and Procedures October 2023
A child in DFPS conservatorship may be placed with a relative or fictive kin. Examples of fictive kin include a close family friend, a former stepparent, a parent’s significant other, or a godparent.
If there are allegations of abuse or neglect by the relative, fictive kin, or someone else in the home, the jurisdiction depends on whether the home is verified by a licensed child-placing agency (CPA), as follows:
- RCCI, if the relative or fictive kin home is a foster home verified by a licensed CPA. (In this situation, see the CCR Situations Involving a Child in DFPS Conservatorship guidelines on the DFPS intranet.)
- CPI, if the home is not verified by a licensed CPA.
If the information supports an intake for any program, the intake specialist completes both of the following:
- An intake for the appropriate program.
- An I&R CVS Caseworker Notification
The intake specialist completes an I&R to Existing CPS Case if indicated in any of the following:
3121 Specific Considerations for an I&R to Existing Case
4561.1 Situations That Require an I&R to Existing CPS Case
4561.2 Situations That Sometimes Require an I&R to Existing CPS Case
See:
9710 Determining RCCI or CPI Jurisdiction for a Child in a Relative or Fictive Kin Placement
4730 Child Living with an Unrelated Caregiver
SWI Policy and Procedures October 2023
An unrelated caregiver is a caregiver who is not the child’s relative. When a child is staying with an unrelated caregiver, the intake specialist must determine jurisdiction.
4731 Residential Child Care Investigations (RCCI) Jurisdiction
SWI Policy and Procedures October 2023
IMPACT resources contain homes and operations verified by Residential Child Care Regulation (RCCR). If the resource has RCL in the Investigation Jurisdiction column, then RCCI has jurisdiction, unless it is a child-specific contract.
If a home or operation is not in IMPACT resources, the home or operation may be unregulated. Unregulated residential child care operations may fall under RCCI jurisdiction if all the following apply:
- Two or more children who are unrelated to the caregiver live with the caregiver. (This applies regardless of whether the children are related to each other.)
- The unrelated caregiver receives compensation for the care of the children.
- There is not a written agreement between the parent and unrelated caregiver about the care of the children.
Homes and operations are not under RCCI jurisdiction if they are licensed by either of the following:
- A different HHS program, such as Provider Investigations.
- Another entity, such as the federal Office of Refugee Resettlement (ORR).
However, child placing agencies (CPAs) housing unaccompanied alien children are regulated by RCCR and under RCCI jurisdiction.
If there is not enough information about the home or operation to determine jurisdiction, the intake specialist completes one of the following:
- An RCCI intake if the information meets the legal definition of abuse, neglect, or exploitation.
- An I&R RCL Standards Compliance if the information does not meet the legal definition of abuse, neglect, or exploitation.
See:
Texas Human Resources Code (HRC) §42.041(b)(20)
9100 Types of Residential Child Care Operations
9150 Child Living with an Unrelated Caregiver
9530 Reports Involving Children in DFPS Conservatorship in an RCCR Operation
9710 Determining RCCI or CPI Jurisdiction for a Child in a Relative or Fictive Kin Placement
4732 Provider Investigations (PI) Jurisdiction
SWI Policy and Procedures April 2023
IMPACT resources contain some operations licensed by HHS. If the resource has AFC in the investigation jurisdiction column, then PI has jurisdiction. If the operation is not in IMPACT resources, the operation may be in the LTC Provider Search, licensed by RCCR or another entity, or an unlicensed boarding home. See the Agency and Program Jurisdiction resource on the DFPS intranet.
See:
4760 Child lives in an HCS Group Home or Receives Services in Another Setting
6720 Reports Involving Children in DFPS Conservatorship or Adults in DFPS Extended Foster Care
4733 Child Protective Investigations (CPI) Jurisdiction
SWI Policy and Procedures October 2023
If the home or residential operation does not appear to be under the jurisdiction of RCCI (whether unregulated or currently verified) or PI, the intake specialist assesses for CPI. See 4731 Residential Child Care Investigations (RCCI) Jurisdiction.
See 4561.2 Situations That Sometimes Require an I&R to Existing CPS Case.
4734 Child-Specific Contract (CSC)
SWI Policy and Procedures September 2024
CPS uses a child-specific contract (CSC) when a child in DFPS conservatorship needs any of the following:
- A placement in a facility or foster home that does not have an ongoing contract with DFPS.
- A higher level of care than a placement regularly provides.
- Specific additional services.
CSCs show in IMPACT as the business name, followed by the child or youth’s first initial, last name, and the word “only” in parentheses. For example: Daybreak Community Services (B. Smith Only).
The jurisdiction for these contracts varies depending on the type of setting and the child’s Medicaid waiver status. The existence of a contract alone does not change the jurisdiction of a setting or indicate a child’s Medicaid waiver status.
See:
4760 Child Lives in an HCS Group Home or Receives Services in Another Setting
For information on how Provider Investigations (PI) or Residential Child Care Investigations (RCCI) jurisdiction looks in IMPACT, see 6636 Child-Specific Contract (CSC) and 9613 Child-Specific Contract (CSC).
4735 Information and Referral (I&R)
SWI Policy and Procedures October 2023
The intake specialist completes an I&R (using the I&R type that is most appropriate to the situation) when the situation meets both of the following criteria:
- The intake specialist is unable to establish that the home or operation is verified by RCCR or licensed by HHS.
- The information does not meet the criteria for an RCCI, CPI, or PI intake.
4740 Other Unrelated Caregivers
4741 Care Provided in a Child's Home
SWI Policy and Procedures July 2023
The intake specialist completes an intake for CPI if the allegations of abuse or neglect of a child focus on an unrelated person providing one-time, occasional, or ongoing care inside the child’s home (such as a babysitter).
The case name is the name of the parent, with the unrelated caregiver as the alleged perpetrator and relationship as Babysitter (BA).
If the parent does not appear to be protective, the intake specialist assesses whether the parent should be listed as an additional alleged perpetrator. The intake specialist sends only one intake to CPI because the caregiver is not subject to licensure by Child Care Regulation (CCR).
If safety issues involve the caregiver’s own children, the intake specialist assesses for a separate CPI intake on the caregiver’s household.
If the information does not meet the legal definition of abuse or neglect, the intake specialist completes an I&R of the most appropriate type.
4741.1 Specialized Ongoing Care in a Child's Home
SWI Policy and Procedures July 2023
If a child lives at home and has a medical condition that meets the level of care requirements for admittance to a nursing home, the child may receive specialized services in his or her family’s home. Programs that provide these services include:
- Youth Empowerment Services (YES)
- STAR Kids (Medically Dependent Children Program)
- Community Living Assistance and Support Services (CLASS)
- Deaf Blind with Multiple Disabilities (DBMD)
- Home and Community-based Services (HCS)
- Texas Home Living (TxHmL)
|
Alleged Perpetrator |
SWI Action |
An employee, officer, agent, contractor, or subcontractor of an HCSSA |
I&R to HHSC |
Not affiliated with an HCSSA, but paid by Medicaid |
Intake for PI Community if there is abuse, neglect, or exploitation. Otherwise, an I&R Referred to HHSC |
Not affiliated with an HCSSA, but paid by HCS or TxHmL |
Intake for PI Facility if there is abuse, neglect, or exploitation. Otherwise, an I&R AFC Client Rights/Fac Admn Issues |
The intake specialist assesses the parent’s protective actions. If it is determined the parent is not protective, the intake specialist assesses whether an additional intake for CPI, with the parent as the alleged perpetrator, is appropriate.
.
4742 Care Provided Outside of a Child’s Home
SWI Policy and Procedures July 2024
If allegations of abuse or neglect of a child focus on an unrelated person providing less than 24-hour-a-day care outside the child’s home, the intake specialist determines whether the caregiver is subject to regulation by Day Care Regulation (DCR).
See:
8710 Determining Whether Child Care Provided in the Caregiver’s Home is Subject to Regulation by DCR
8130 Unregulated Day Care Operations
If the caregiver is subject to licensure by DCR, whether licensed or not, the intake specialist completes a report for DCI.
If the caregiver is not subject to licensure by DCR, the intake specialist completes an I&R Non-FPS Criminal Matter.
See 3171 Non-FPS Criminal Matter Referred to Law.
In either situation (subject to regulation or not), the intake specialist also considers the parent’s role to determine whether the parent is protective. If it is alleged that the parent is not protective and the situation meets the legal definition of neglect, the intake specialist completes an additional intake for CPI with the parent as the alleged perpetrator.
4743 Parents and Child Care Provider Both Possible Perpetrators
SWI Policy and Procedures July 2024
When there are allegations of abuse or neglect, but it is not known whether the perpetrator is the parent or child care provider subject to licensure by Day Care Regulation (DCR), the intake specialist completes dual intakes for both CPI and DCI.
When determining whether dual intakes are needed, the intake specialist considers the following factors:
- Whether information indicates where the incident occurred or who was caring for the child when the harm occurred.
- Whether there is conflicting information about where the incident occurred.
- If information is provided about where the incident occurred but there is reason to doubt the validity of that information.
When a child is the victim of abuse, neglect, or exploitation by a child care provider, and the parent is not protective, dual intakes may be necessary depending on severity of the abuse, neglect, or exploitation.
See:
8000 Day Care Investigations (DCI) and HHS Day Care Regulation (DCR)
9000 Residential Child Care Investigations (RCCI) and HHS Child Care Regulation (CCR)
4750 Investigational Jurisdiction of Abuse, Neglect, or Exploitation of Unaccompanied Alien Children (UAC)
SWI Policy and Procedures June 2023
An undocumented child who is not accompanied by a parent or caregiver is referred to as an unaccompanied alien child (UAC). UACs are usually detained by U.S. Customs and Border Protection and placed in federal custody. Federal shelters often house UACs until they can be placed with a sponsor. Sponsors are not licensed foster parents.
SWI has specific procedures for situations involving UACs.
The alleged perpetrator’s relationship to the child determines the agency with jurisdiction.
| AP’s Relationship to UAC |
Jurisdiction and Assessment |
|---|---|
U.S. Customs and Border Protection employee |
Refer the reporter to the Department of Homeland Security’s Office of the Inspector General (OIG) at (800) 323-8603. If the reporter declines to report the situation to the Department of Homeland Security OIG hotline, complete an I&R Matter Referred On. At the top of the narrative, document: “Please fax to Department of Homeland Security OIG.” |
Family or household member in home country |
CPI PN (Past A/N) |
School personnel or volunteer in home country |
CPI P2 |
Employee of federal shelter that is not subject to state licensure or monitoring |
Refer the reporter to the Office of Refugee Resettlement (ORR) hotline at (800) 203-7001. If the reporter declines to report the situation to the ORR hotline, complete an I&R Matter Referred On. At the top of the narrative, document: “Please fax to ORR.” |
Employee of a facility regulated by RCCR |
RCCI intake or I&R RCL Standards Compliance |
Sponsor or member of sponsor’s household in Texas |
CPI P1, P2, or PN. If a UAC placed with a sponsor runs away, complete an I&R Non-FPS Criminal Matter Referred to Law. |
The intake specialist completes a CRSR, Request for Local Public Service (C-PB) when law enforcement requests CPI assistance with a UAC and there are no allegations of abuse, neglect, or exploitation.
4751 Tracking Reports Regarding Unaccompanied Alien Children
SWI Policy and Procedures June 2023
The intake specialist selects Unaccomp Child Xing Border from the Disaster Relief Code drop-down menu on the Report Information page to track reports regarding UACs. The intake specialist selects this disaster relief code whether the child is in federal custody or not.
4760 Child Lives in an HCS Group Home or Receives Services in Another Setting
SWI Policy and Procedures September 2023
Provider Investigations (PI) Facility has jurisdiction to investigate abuse, neglect, or exploitation of a child who resides in one of the following settings:
- A Home and Community-based Services (HCS) group home.
- A setting with services to meet the child’s special needs paid for by a Medicaid waiver.
Residential Child Care Investigations has jurisdiction to investigate abuse, neglect, or exploitation of a child when all of the following apply:
- The child does not reside in an HCS group home.
- The child receives services to meet his or her special needs, but those services are not paid for by a Medicaid waiver.
- The child resides in an operation or home licensed by Residential Child Care Regulation (RCCR) or verified by a child placing agency (CPA).
Child Protective Investigations (CPI) has jurisdiction to investigate abuse or neglect of a child receiving services when all of the following apply:
- The child does not reside in an HCS group home.
- The child resides in a setting with services to meet his or her special needs, but those services are not paid for by a Medicaid waiver.
- The home is not licensed by RCCR.
Texas Health and Human Services (HHS) has jurisdiction to investigate a home and community support services agency (HCSSA) provider. The intake specialist completes an I&R Referred to HHSC unless the information is included in a PI intake.
The child may receive services for his or her special needs that are paid for by a child-specific contract, by non-Medicaid insurance, privately, or by other funds. These services may be similar to those offered through the HCS program, but they are not necessarily HCS services paid for by a Medicaid waiver.
Services from an HCSSA are different than HCS services. An HCSSA is a home health agency assisting with activities of daily living. If it is unclear whether the services are from an HCSSA or HCS, the intake specialist defaults to PI Facility.
See:
6841 Home and Community-based Services (HCS) Group Homes
6842 Services in Non-Provider Investigations (PI) Settings with a Waiver
7222.1 Alleged Perpetrator and Payment Source
7620 Reports Involving Children in DFPS Conservatorship
7720 Ensuring the Community Provider Does Not Work for a Facility
4800 CPI Case-Related Special Requests
SWI Policy and Procedures June 2023
The intake specialist completes a Case-Related Special Request (CRSR) when there are no allegations of abuse or neglect, but CPI assistance is needed.
See 3120 I&R to Existing Case and 3121 Specific Considerations for an I&R to Existing Case to determine if an additional I&R is needed.
4810 Requirements for CRSRs
SWI Policy and Procedures July 2024
Person List
The intake specialist obtains and documents the following information on the Call Person Detail page for all individuals involved in the report:
- Identifying Information: first and last name, Rel/Int, DOB (or age, if DOB is unknown), SSN, gender, language, race, and ethnicity.
- Person Type is either PRN or COL.
- Role is always NO.
- Rel/Int for the child or adult of interest is Self.
- Locating Information: an address, phone number, or other locating information for all individuals involved.
Person searches are performed on all PRNs on the person list.
Narrative
The intake specialist documents in the narrative all other information regarding the request for assistance. This should include the following:
- Additional locating and contact information for those involved.
- Dates, times, and location of court hearings.
- Any deadlines for the requester.
- Any other details that might be pertinent to the caseworker handling the request.
4820 Types of Case-Related Special Requests (CRSRs) Entered by SWI
SWI Policy and Procedures June 2023
Although there are many CRSR types, SWI uses only a select few. The specific CRSR types used by SWI are described below.
4821 CRSR – Requests for Local Public Service (C-PB)
SWI Policy and Procedures July 2024
A C-PB (also known as PBS) is a request from a professional reporter for CPI assistance that does not involve allegations of abuse, neglect, or exploitation. Some reports involving a child’s death use this type of CRSR when appropriate. Most CRSRs taken by SWI are C-PB requests.
See:
2721 Law Enforcement Requests to Speak to Field Staff
4561.3 Youth in Conservatorship Has a Child
4562.2 Children Placed in a Shelter by Law Enforcement
4615.2 Processing a CRSR Completed Due to a Lack of Locating Information
4631 Death of a Child Not in DFPS Conservatorship
4631.2 Case-Related Special Request (CRSR)
4822 CRSR – Out of State (C-OS)
SWI Policy and Procedures September 2024
A Request – Out of State usually involves a request from another state’s child protective service agency for assistance related to one of its cases.
The intake specialist completes a Request – Out of State when both of the following occur:
- A caseworker from another state’s protective service agency contacts SWI about a case the out-of-state agency is investigating.
- The caseworker requests that Texas DFPS staff do a courtesy interview or a home visit with people currently in Texas.
In these situations, the intake specialist does not complete an intake for Texas CPI, because another state’s protective service agency is already addressing the allegations.
Exception
The intake specialist completes an intake instead of a CRSR, if the out-of-state caseworker also makes allegations of abuse or neglect occurring in Texas, including allegations of past abuse or neglect. See 4331 Past Abuse or Neglect; No Current Safety Issues.
4823 Court-Ordered Request (C-CO)
SWI Policy and Procedures December 2020
Court-Ordered Requests are used for anything ordered by a court that does not meet guidelines for an intake.
4824 CRSR – Protective Service Alert (C-SA)
SWI Policy and Procedures July 2024
Protective Service Alerts (PSAs) are notifications from child protective agencies outside Texas. The families referenced in the notifications are under investigation by the other state’s protective services agency but have no known address.
When a PSA is received, the intake specialist searches each family member for history.
Match Found to an Open Case
If a match is found and reveals an open DFPS case, the intake specialist enters the PSA as an I&R to Existing CPS Case. The I&R is automatically assigned to the routing coordinator.
No Match Found, or Match Found to Closed Case
If no match is found, or the only match that is found is to a closed case, the intake enters the PSA information as a CRSR with the following steps:
- Enters the person sending the PSA to SWI as the reporter.
- Selects the Program Type as CPS.
- Selects the Special Request Type as Protective Service Alert.
- Submits the report to the Supervisor Approval workload.
- Notifies the Floor Support channel of the submitted CRSR.
- A supervisor or worker V completes the closure per the Process a Protective Services Alert (PSA) section of the SWI IMPACT User Guide on the DFPS intranet.
4825 CRSR – Return to Care (C-RC)
SWI Policy and Procedures December 2020
CPS has a Return for Extended Foster Care program for young adults ages 18 to 21 years old who meet all of the following criteria:
- Have aged out of the CPS foster care system.
- Desire to return to CPS paid care to participate in DFPS Extended Foster Care.
4825.1 Referring a Young Adult Wishing to Return to Care
SWI Policy and Procedures December 2023
When SWI receives a call regarding a young adult requesting to return to care, the intake specialist does the following:
- Refers the caller to the regional Preparation for Adult Living (PAL) coordinator in the region where the young adult is currently located.
- Provides the name and office phone number for pertinent staff from the Regional Preparation for Adult Living (PAL) Coordinators page of the CPS section of the DFPS public website.
- Completes an I&R Other Business Call.
- Closes the report.
4825.2 Processing a Report for a Young Adult Wishing to Return to Care
SWI Policy and Procedures December 2023
The Preparation for Adult Living (PAL) employee usually enters his or her own Return to Care CRSRs. In rare cases, technical issues arise that require PAL employees to contact SWI to enter the report. In these cases, the intake specialist:
- Completes a CRSR - Return to Care.
- Documents the young adult as Self (SL) on the Person List.
- Explains the circumstances of the situation in the narrative.
- Assigns the case to the county where the young adult is currently located.
4825.3 Young Adults Returning to Care with Children of Their Own
SWI Policy and Procedures July 2024
A young adult returning to care with his or her own children may need a CRSR – Return to Care for the young adult and a CRSR – Request for Local Public Service for each child.
See:
4561.3 Youth in Conservatorship Has a Child
4561.4 Youth in Conservatorship Abuses or Neglects Own Child
4825.2 Processing a Report for a Young Adult Wishing to Return to Care
Backdating the CRSR
When SWI enters a CRSR, the intake specialist asks if the report needs to be backdated to ensure proper payment to the placement provider.
See 2821.1 Determining the Date and Time of the Report.
4826 CRSR – Expedited Background Check (C-EBC)
SWI Policy and Procedures July 2024
CPI or CPS staff request IMPACT searches and criminal background checks to determine the appropriateness and safety of voluntary placements. These requests should only be made when the requestor cannot access IMPACT and no other CPI or CPS staff is available. This CRSR type is used exclusively by the specialists in the E-Unit designated to perform these background checks. Once completed, the specialist assigns a CRSR to the DFPS staff who requested the check.