9000 Residential Child Care Investigations (RCCI) and HHSC Child Care Regulation (CCR)
SWI Policy and Procedures July 2024
This section focuses on DFPS Residential Child Care Investigations (RCCI) and Health and Human Services Commission (HHSC) Child Care Regulation (CCR). For information regarding day care operations, see 8000 Day Care Investigations (DCI) and HHSC Day Care Regulation (DCR).
See Program Names and Acronyms on the DFPS intranet.
Intake specialists assess two types of reports related to children in residential child care facilities in Texas:
- Abuse, neglect, or exploitation.
- Alleged minimum standards violations.
DFPS Residential Child Care Investigations (RCCI)
RCCI is the division of Child Protective Investigations that investigates allegations of abuse, neglect, or exploitation of a child within a residential child care operation that provides care to children under 18 years old for 24 hours a day. The intake specialist completes these reports as intakes.
40 Texas Administrative Code §707.711
40 Texas Administrative Code §707.713
40 Texas Administrative Code §707.715
40 Texas Administrative Code §707.717
HHSC Child Care Regulation (CCR)
CCR is the department within the Regulatory Services Division of HHSC that regulates residential child care operations and foster home placements. CCR was formerly known as Residential Child Care Licensing (RCL), a term still used in IMPACT.
Reports related to the licensure or standards compliance within a residential operation that do not include any allegations of abuse, neglect, or exploitation are handled by CCR, which regulates the operations. The intake specialist completes these reports as an I&R RCL Standards Compliance.
26 Texas Administrative Code, Chapter 745
40 Texas Administrative Code, Chapter 745
Definitions
Blatant Disregard
The real and significant harm to the child because of an act or omission by an employee, volunteer, or other person working under the auspices of a facility or program. The definition requires that both of the following are true:
- The harm would have been obvious to a reasonable caregiver or a reasonable member of the person’s profession in the same situation.
- The reasonable caregiver or reasonable member of the profession would have known to take precautionary measures to protect the child from the impending harm.
Caregiver
A person whose duties include the supervision, guidance, and protection of a child or children.
Catchment Area
A designated geographic area for which a single-source continuum contractor provides services.
Child
A person under 18 years of age.
Texas Human Resources Code §42.002(1)
Child in Care
Any child who is cared for in a child care operation regulated by CCR. The term is not only for children in DFPS conservatorship who are in licensed placements.
Child Placing Agency (CPA)
An organization or a person, other than the parent of a child, who plans for the placement of or places a child in a child care operation or adoptive home. A CPA is a licensed residential child care operation that may verify and regulate its own homes, subject to HHSC minimum standards.
Texas Human Resources Code §42.002(12)
Child without Placement
A child in DFPS conservatorship who does not have an official placement for more than one night. Example: A child in DFPS conservatorship stays in a church overnight.
For assessments of reports, see the Employee Allegedly Abuses, Neglects, or Mistreats a Child in an Official Capacity resource on the DFPS intranet.
Community-Based Care (CBC)
A model in which DFPS contracts with a nonprofit or governmental entity (called a single-source continuum contractor, or SSCC) that does the following:
- Oversees the placement of and services to children in DFPS conservatorship, including children and youth in paid foster care and kinship care.
- Works with the children’s families.
- Manages the adoptions and kinship placements for these children.
General Residential Operation (GRO)
A child care facility that provides care for seven or more children for 24 hours a day, including the following facilities:
- Children’s homes.
- Halfway houses.
- Residential treatment centers.
- Emergency shelters.
- Therapeutic camps.
Texas Human Resources Code §42.002(4)
Immediate Danger
An act or omission by an employee, volunteer, or other person working under the auspices of a facility or program which placed the child in a situation that resulted in or could have resulted in substantial emotional harm or substantial physical injury to the child.
License
A type of permit issued by CCR stating that an operation has met applicable statutes, administrative rules, and minimum standards and may operate. CCR issues licenses to all operations except certified operations and CPA-verified homes.
Minimum Standards
The minimum requirements for child care operations that are published in chapters of the Texas Administrative Code devoted to specific types of operations. HHSC enforces these requirements to protect the health, safety, and well-being of children.
26 Texas Administrative Code §748
40 Texas Administrative Code §749
Operation
A person or entity offering a program that may be subject to regulation by HHSC. An operation includes the following:
- Building and grounds where the program is offered.
- Any person involved in providing the program.
- Any equipment used in providing the program.
An operation can be a child care facility or listed family home.
26 Texas Administrative Code §745.21(30)
Regulation
The enforcement of statutes and the development and enforcement of rules, including minimum standards. Regulation includes the licensing, certifying, registering, and listing of an operation or child care administrator.
Residential Child Care Facility
A facility licensed or certified by HHSC that operates 24 hours a day. This includes general residential operations, child placing agencies, and agency foster homes.
Residential Treatment Center (RTC)
An operation that provides care and treatment services exclusively for children with emotional disorders. Such centers care for 13 or more children who are up to 18 years old.
Single Source Continuum Contractor (SSCC)
An entity with which DFPS contracts to provide the full continuum of foster care and case management services to children and families on behalf of Child Protective Services. The entity provides these services within a designated geographic area for the purpose of implementing community-based care as defined in Texas Family Code §264.152(4).
Unregulated Operation
An operation that provides child care that is subject to regulation but does not have a permit and is not in the process of applying for a permit. Sometimes referred to as an “illegal operation.”
Young Adult
An adult whose chronological age is between 18 and 22 years old, who is currently in a residential child care operation, and who continues to need child care services.
See HHSC Child Care Regulation Handbook, Definitions of Terms.
9100 Types of Residential Child Care Operations
9110 Residential Child Care Operations Regulated by CCR
SWI Policy and Procedures July 2024
Child Care Regulation regulates the following types of residential child care operations:
- General residential operations
- Child placing agencies (CPA)
- CPA foster homes
- CPA adoptive homes
See the Child Care Investigations Handbook, 1142 Types of Residential Child Care.
9120 Operations Exempt from Regulation by RCCR
SWI Policy and Procedures March 2024
Some operations that provide residential care for children are exempt from RCCR regulation. This is either by statute or because they are regulated by another agency. Common examples of operations that may be considered exempt include:
- Overnight youth camps.
- Short-term programs.
- Religious programs.
- Educational programs.
When SWI May Determine Exemption Status
The following five situations are exempt from RCCR regulation, and an intake specialist may identify them as such:
- A foreign exchange or sponsorship program, if the children are in the United States on a time-limited visa and under either the sponsorship of the person with whom they are living or the sponsorship of an organization. The intake specialist completes a CPI intake when there are allegations of abuse or neglect. If there is no abuse or neglect, the intake specialist completes the most appropriate I&R type.
- A juvenile detention or correctional facility certified under the TFC 261.405 that provides services solely for the Texas Juvenile Justice Department (TJJD). The intake specialist refers the caller to the TJJD at (866) 477-8354 to report abuse, neglect, or exploitation. If the caller is unwilling or unable to report to TJJD, the intake specialist completes an I&R Matter Referred On to TJJD. See 3173 Matter Referred On.
- A substance use treatment facility for youth. The intake specialist completes an I&R Referred to HHSC. See 3172 Referred to HHSC.
- Boarding schools. The intake specialist completes a CPI intake when there is abuse or neglect at a boarding school. If there is no abuse or neglect, the intake specialist completes the most appropriate I&R type. See 4526 Boarding Schools.
- A federally operated program that provides 24-hour care exclusively to people not lawfully present in the United States who are in the custody of the federal government. The intake specialist completes an I&R Matter Referred On to the Office of Refugee Resettlement (ORR). See 4750 Investigational Jurisdiction of Abuse, Neglect, or Exploitation of Unaccompanied Alien Children (UAC).
The intake specialist is not required to send an RCCI intake or an I&R RCL Standards Compliance in these five situations. The intake specialist determines if an intake for another program or an I&R is appropriate using standard procedures.
In the Child Care Investigations Handbook, see Appendix 1000-2: Decision Guide: Is the Care Being Provided Subject to Regulation?.
Residential Programs for which Exemption is Unclear
Apart from the five exceptions listed above, the intake specialist is not responsible for determining whether a residential child care program is subject to regulation or is exempt. Exemption determination requires the collection of extensive information and is only done by SWI screeners or RCCR field staff.
When a report is about operations for which regulation is unclear, the intake specialist assesses the information as either an RCCI intake or I&R RCL Standards Compliance, regardless of whether the facility is listed in IMPACT as an active or inactive operation.
9130 Unregulated Residential Child Care Operations
SWI Policy and Procedures July 2024
An intake specialist assesses a report regarding a residential operation that might be operating without required CCR permit the same as any other residential child care operation. The intake specialist completes a Residential Child Care Investigations intake if there are allegations of abuse or neglect. If all that is known is that the operation is not regulated by CCR, the intake specialist completes an I&R RCL Standards Compliance, even when there are no allegations about the following:
- Violation of minimum standard rules.
- Indications of abuse, neglect, or exploitation.
9140 Agency That Licenses a Residential Facility Is Unclear
SWI Policy and Procedures July 2024
Children’s residential facilities generally are licensed by one of the following:
- Department of Family and Protective Services (DFPS).
- Texas Juvenile Justice Department (TJJD).
- Health and Human Services (HHS) for facilities providing mental health and substance use services.
The intake specialist must complete a resource search to determine which agency has jurisdiction.
If the agency that licenses the facility cannot be determined or if the facility is unlicensed, the intake specialist assesses the information as a Residential Child Care Investigations intake or I&R RCL Standards Compliance, following standard procedures.
9150 Child Living with an Unrelated Caregiver
SWI Policy and Procedures October 2023
A child may be living with an unrelated caregiver. 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. See 4730 Child Living with an Unrelated Caregiver.
9200 RCCI Person List
SWI Policy and Procedures July 2024
The person list of a Residential Child Care Investigations intake includes the following:
- Alleged victims.
- Alleged perpetrators.
- Other staff of the facility who might have additional information.
- Parents or guardians of the victims.
The intake specialist does not need to obtain identifying information for children or staff who were not involved in the reported incident and do not have additional information.
9210 Types
SWI Policy and Procedures July 2024
The intake specialist identifies each person on the person list with an appropriate person type. A person can be a principal or collateral. The intake specialist must obtain identifying information for all principals and at least one relevant collateral.
See 2240 Types.
9211 Principal (PRN)
SWI Policy and Procedures July 2024
Residential Child Care Investigations (RCCI) defines a principal as an alleged victim or an alleged perpetrator.
See 2241 Principal (PRN).
Exception: All household members are designated as principals for RCCI intakes concerning foster home settings.
See 9242 Types and Roles Specific to a Foster Home Setting.
9212 Collateral (COL)
SWI Policy and Procedures July 2024
Residential Child Care Investigations defines a collateral (COL) as a witness or other person with additional information about the situation. A COL cannot be an alleged perpetrator or an alleged victim. Parents of the victim are always designated as collaterals.
Collaterals are always assigned the role of No Role (NO).
See
9242 Types and Roles Specific to a Foster Home Setting.
9213 Anonymous Reporters
SWI Policy and Procedures September 2023
A reporter may mention concerns about child abuse or neglect under CPI’s jurisdiction while making a report for RCCI or RCCR. A reporter can remain anonymous when making a report of abuse, neglect, or exploitation under the jurisdiction of any program except CPI. If the reporter chooses to remain anonymous, SWI cannot accept the report of child abuse or neglect under CPI’s jurisdiction.
9220 Roles
SWI Policy and Procedures July 2024
Residential Child Care Investigations (RCCI) uses the following roles:
- Alleged victim (VC)
- Alleged perpetrator (AP)
- Unknown (UK)
- No Role (NO)
RCCI does not use the alleged victim/perpetrator (VP) designation.
See 2250 Roles.
9221 Alleged Victim (VC)
SWI Policy and Procedures October 2023
RCCI defines an alleged victim as a child in care to whom abuse, neglect, or exploitation is alleged to have occurred while placed in a residential care operation. Only a child involved in a reported incident of abuse, neglect, or exploitation is listed as a victim. Each intake must have at least one alleged victim listed, even if the name or other demographics are not known.
9222 Alleged Perpetrator
SWI Policy and Procedures August 2024
RCCI defines an alleged perpetrator (AP) as a person who meets both of the following criteria:
- Works under the auspices of a residential care operation that DFPS has jurisdiction to investigate.
- Is alleged to have abused, neglected, or exploited a child in care.
This includes the following people:
- Any employee or volunteer of the operation.
- Any person under contract with the operation.
- A director, owner, operator, or administrator of the operation.
- Anyone who has responsibility for the children in care.
- Anyone who has unsupervised access to the children in care, including biological children of the owner or foster parents who are 10 years old or older.
- Anyone who regularly or routinely lives at the operation, including biological children of the owner or foster parents who are 10 years old or older.
- Any other person permitted by act or omission to have access to children in care.
The intake specialist creates an unknown person on the Person List when the identity of the alleged perpetrator is unknown or unclear at the time of the intake.
9222.1 Child as Perpetrator
SWI Policy and Procedures July 2024
A child in care refers to any child who is cared for in a child care operation regulated by Child Care Regulation (CCR), including children in DFPS conservatorship who are in licensed placements. A child in care is never assigned the role of alleged perpetrator in a Residential Child Care Investigations (RCCI) intake.
Report Alleging Abuse or Neglect by a Child in Care on Another Child in Care
When a report is made that a child in care in an CCR operation is allegedly abusing or neglecting another child in care, the intake specialist does as follows:
- Completes a neglectful supervision intake.
- Lists the caregiver as the alleged perpetrator.
- Lists both the perpetrating child and the victim of the perpetrating child as victims of neglectful supervision.
The incident must occur at the facility, under the supervision of someone who meets the definition of an alleged perpetrator or under no supervision, to be RCCI jurisdiction. If the incident happens at school or on a school bus with no caregiver under CCR present, it is CPI jurisdiction.
An intake specialist may assign the role of alleged perpetrator to a child in care who is 10 years old or older, including those in DFPS conservatorship, in a CPI intake. For instance, if a child in care is alleged to have abused a foster parent’s biological child, the intake specialist may assign the role of alleged perpetrator to that child in care in a CPI intake. The specialist would also complete an RCCI intake in which the caregiver is the alleged perpetrator and the perpetrating child is the victim of neglectful supervision.
Report Alleging Abuse or Neglect by Biological Child of the Caregiver
A caregiver’s biological child who abuses a child in care may be considered an alleged perpetrator in an RCCI intake if the child is 10 years old or older. 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.
An allegation of neglectful supervision with the caregiver as the alleged perpetrator is also completed for the child in care, because the caregiver was responsible for the child who was abused or neglected.
9222.2 Adult in Care as an Alleged Perpetrator
SWI Policy and Procedures July 2024
A young adult, 18 years old or older and in care, is not considered a child in care. Therefore, a young adult in the care of a Child Care Regulation operation who abuses a child in care may be considered an alleged perpetrator.
An allegation of neglectful supervision with the caregiver as the alleged perpetrator is also completed for the child in care, because the caregiver was responsible for the child who was abused or neglected.
9223 Unknown Role (UK)
SWI Policy and Procedures July 2024
When a person is identified as a principal but it cannot clearly be determined at intake whether he or she is an alleged victim or alleged perpetrator, that person is designated the role of Unknown (UK).
See 9242 Types and Roles Specific to a Foster Home Setting.
9224 No Role (NO)
SWI Policy and Procedures July 2024
If a person clearly is not involved as an alleged victim or alleged perpetrator, then he or she is designated a role of No Role (NO). However, this is often difficult to determine at the time of intake. In Residential Child Care Investigations intakes, only a collateral can be designated a role of NO. The intake specialist designates principals not clearly defined as a victim or an alleged perpetrator as Unknown (UK).
See:
9242 Types and Roles Specific to a Foster Home Setting.
9230 Relationship or Interest (Rel/Int)
SWI Policy and Procedures July 2024
The intake specialist designates the eldest alleged victim (VC) the Rel/Int of oldest victim (OV). The intake specialist designates all other people the Rel/Int option that best describes that person’s relationship to the OV.
The intake specialist documents other children in a residential setting by using the Rel/Int code of Unrelated Household Member (UH). The intake specialist documents an explanation of the relationship in the person notes and narrative.
See 2260 Relationship or Interest (Rel/Int).
9240 Person List Considerations for RCCI Intakes
9241 Types and Roles Specific to a Residential Facility or Shelter Setting
SWI Policy and Procedures July 2024
The intake specialist determines the roles of people involved in reported incidents as follows:
- When a child was not involved in a reported incident of abuse or neglect but witnessed the incident, the child is designated as a collateral (COL). If the child’s name is not known, the information is not listed on the person list. Instead, the intake specialist documents any identifying information in the narrative.
- Children in the facility who are not victims or did not witness the incident are not documented on the person list.
- A staff member who was involved in a reported incident, but whose role is unknown, is designated as a principal with an unknown role.
- A staff member who may have witnessed the incident is designated as a COL.
9242 Types and Roles Specific to a Foster Home Setting
SWI Policy and Procedures July 2024
An intake specialist determines the roles of people involved in reported incidents as follows:
- All household members are designated as principals.
- Only a child who is an alleged victim in a reported incident of abuse or neglect is designated as a victim.
- The roles of other children in the home are designated as unknown.
If names are not known, see 2210 Names.
See 9740 When a Victim is At Least 18 Years Old.
9300 RCCI 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 judgement to determine if one or more allegations are supported. If at least one allegation is supported, the intake specialist completes an intake.
9310 Abuse Allegations
SWI Policy and Procedures July 2024
Residential Child Care Investigations investigates allegations of emotional abuse, physical abuse, and sexual abuse.
9311 Emotional Abuse (EMAB)
SWI Policy and Procedures July 2024
Emotional abuse is defined as any of the following:
- Mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning.
- Causing or allowing the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child’s growth, development, or psychological functioning.
- The current use of a controlled substance in a manner or to the extent that the use results in mental or emotional injury to a child.
If there is the possibility that the act or omission caused physical injury to the child, then the allegation must be assessed as physical abuse.
“Observable and material impairment” means discernible and substantial damage or deterioration to a child’s emotional, social, and cognitive development. It may include but is not limited to the following:
- Depression
- Anxiety
- Panic attacks
- Suicide attempts
- Compulsive and obsessive behaviors
- Acting out or exhibiting chronic or acute aggressive behavior directed toward self or others
- Withdrawal from normal routine and relationships
- Memory lapse
- Decreased concentration
- Difficulty or inability to make decisions
- A substantial and observable change in behavior, emotional response, or cognition
40 Texas Administrative Code §707.787
9312 Physical Abuse (PHAB)
SWI Policy and Procedures February 2024
Physical abuse is defined as any of the following:
- Physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident.
- Failure to make a reasonable effort to prevent an action by another person that results in physical injury and substantial harm to the child.
- The current use of a controlled substance in a manner or to the extent that the use results in physical injury to a child.
- Causing, expressly permitting, or encouraging a child to use a controlled substance.
40 Texas Administrative Code §707.789
9313 Sexual Abuse (SXAB)
SWI Policy and Procedures July 2024
Sexual abuse is defined as 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 a young child or a person who is disabled 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, including any of the following:
- Compelling or encouraging the child in a manner that constitutes an offense of trafficking of a person under Texas Penal Code Section 20A.02(a)(7) or (8).
- Solicitation of prostitution under Texas Penal Code Section 43.021.
- Compelling prostitution under Texas Penal Code Section 43.05(a)(2).
- Causing, allowing, encouraging, or engaging in the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Texas Penal Code Section 43.21 or pornographic.
- Causing, allowing, encouraging, or engaging in a sexual performance by a child as defined by Texas Penal Code Section 43.25.
40 Texas Administrative Code §707.791
9320 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.
Neglect is defined as a negligent act or omission for which the following is true:
- Is committed by an employee, volunteer, or other person working under the auspices of a facility or program.
- Causes or may cause substantial emotional harm or physical injury to, or the death of, a child served by the facility or program as further described by rule or policy.
- May include a failure to comply with an individual treatment plan, plan of care, or individualized services plan.
Texas Family Code §261.001(4)(A)(iv)
RCCI investigates neglect allegations of:
- Medical neglect
- Neglectful supervision
- Physical neglect
9321 Medical Neglect (MDNG)
SWI Policy and Procedures July 2024
Medical neglect is defined as the failure to seek, obtain, or follow through with medical care for a child.
40 Texas Administrative Code §707.801
9322 Neglectful Supervision (NSUP)
SWI Policy and Procedures March 2023
Neglectful supervision is defined as an act or omission of 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 Subdivision (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)
9323 Physical Neglect (PHNG)
SWI Policy and Procedures July 2024
Physical neglect is defined as the failure to provide a child with food, clothing, and shelter necessary to sustain the life or health of the child.
40 Texas Administrative Code §707.801
9330 Exploitation (EXPL)
SWI Policy and Procedures July 2024
Exploitation is defined as the illegal or improper use of a child or of the resources of a child for monetary or personal benefit, profit, or gain by an employee, volunteer, or other person working under the auspices of a facility or program, as further described by rule or policy.
Texas Family Code § 261.001(3)
9331 Labor (LBTR) and Sex Trafficking (SXTR) in RCCI Reports
SWI Policy and Procedures March 2023
Labor trafficking is defined as any of the following:
- Knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Texas Penal Code §20A.02(a)(5) or (6).
- Failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under Texas Penal Code §20A.02(a)(5) or (6).
In this section, “trafficked” means enticing, recruiting, harboring, transporting, enslaving, or providing to others or obtaining for oneself, a child for labor or services through force, fraud, coercion, or exploitation. It involves giving or receiving monetary or nonmonetary remuneration, including the child’s services, and a pervasive loss of freedom for the child. Labor trafficking does not require that the child actually engage in forced labor or services. The definition of labor trafficking is met as long as there is a substantial risk of the child engaging in forced labor or services.
Sex trafficking is defined as any of the following:
- Knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under Texas Penal Code 20A.02(a)(7) or (8).
- Failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under Texas Penal Code 20A.02(a)(7) or (8).
In this section, “trafficked” means enticing, luring, recruiting, harboring, transporting, enslaving, selling, or holding captive a child for sexual conduct specified in Texas Penal Code §20A.02(a)(7). It involves giving or receiving monetary or nonmonetary remuneration, including the child’s sexual services, and a pervasive loss of freedom for the child. Sex trafficking does not require force, fraud, or coercion. The definition of sex trafficking is met even if it appears that the child agrees with the conduct or does not consider herself or himself to be a victim of sex trafficking.
9400 RCCI Priorities
SWI Policy and Procedures July 2024
The intake specialist assesses a Residential Child Care Investigations intake with one of the following priorities:
- Priority 1 (P1)
- Priority 2 (P2)
9410 Priority 1 (P1)
SWI Policy and Procedures July 2024
The intake specialist completes a Priority 1 (P1) Residential Child Care Investigations intake for either of the following scenarios:
- A child’s death, regardless of whether there are any allegations of abuse or neglect contributing to the death of the child.
- An immediate threat of serious physical or emotional harm or death of a child caused by abuse or neglect.
P1 intakes may also be appropriate when an alleged perpetrator continues to have access and present an immediate danger to other children, even if the victim child was removed from the situation.
If a child in DFPS conservatorship dies while in a licensed placement, see 4632 Death of a Child While in DFPS Conservatorship.
9420 Priority 2 (P2)
SWI Policy and Procedures July 2024
The intake specialist completes a Priority 2 (P2) Residential Child Care Investigations intake when the alleged abuse or neglect does not indicate immediate risk of death or serious harm.
9500 Information and Referrals (I&Rs)
SWI Policy and Procedures July 2024
The following sections describe completing an Information & Referral (I&R) report for Child Care Regulation and Residential Child Care Investigations (RCCI).
Any report about a residential child care facility that does not meet the legal definition of abuse, neglect, or exploitation for RCCI is either an I&R RCL Standards Compliance or an I&R to existing RCL case. The intake specialist assigns the I&R according to the Assignment Charts on the DFPS intranet.
See 3000 Information & Referral (I&R) Reports.
9510 I&R RCL Standards Compliance
SWI Policy and Procedures July 2024
Child Care Regulation (CCR) investigates reports of a home or facility that is subject to CCR licensure or regulation and is allegedly failing to comply with law or minimum standard rules.
When a report about a residential child care operation does not involve allegations of abuse, neglect, or exploitation, the intake specialist completes an I&R RCL Standards Compliance. However, the intake specialist does not complete this I&R type simply because the facility is mentioned during the report. The I&R RCL Standards Compliance is completed only when the report is about something that has occurred at the facility or under the supervision of the facility’s staff while away from the facility (such as during a field trip).
The intake specialist does not assess what is or is not a standards violation. All concerns about an CCR operation are sent to the program for review.
See:
9530 Reports Involving Children in DFPS Conservatorship in an CCR Operation
The intake specialist completes an I&R RCL Standards Compliance when all the following are true:
- SWI receives new information.
- The new information does not meet the criteria for a new intake.
- If there is an open RCCI case, the new information involves an incident different from the one being investigated in the open case.
If the intake specialist completes an I&R RCL Standards Compliance, it is not necessary to complete an additional I&R to the existing RCL case.
See 9520 I&R to Existing RCL Case
9520 I&R to Existing RCL Case
SWI Policy and Procedures July 2024
When a subsequent report provides information about an open Residential Child Care Investigations (RCCI) case and there are no new incidents of abuse, neglect, or exploitation that meet legal definitions, the intake specialist determines whether the information is relevant to the open stage of the existing RCCI case.
The intake specialist completes an I&R to existing RCL case when all the following occur:
- SWI receives new information.
- The new information does not meet the criteria for a new intake.
- The new information is relevant to the open case, or it is unclear if the information is relevant to the open case.
If the intake specialist completes an I&R to the existing RCL case, an additional I&R RCL Standards Compliance is not necessary.
See 3120 I&R to Existing Case.
9530 Reports Involving Children in DFPS Conservatorship in an CCR Operation
SWI Policy and Procedures July 2024
Required CVS Caseworker Notification
The intake specialist completes an I&R CVS Caseworker Notification anytime a child in DFPS conservatorship is a principal in an intake for any program.
See 3101 CVS Caseworker Notification.
Additional Required I&Rs
The intake specialist completes both an I&R to existing CPS Case and a Residential Child Care Investigation report (intake or I&R) in some instances.
For more information, see 4561.1 Situations That Require an I&R to Existing CPS Case and CCR Situations Involving a Child in DFPS Conservatorship on the DFPS intranet.
For adults in extended foster care in Child Care Regulation facilities, operations, or homes, see 9741 Adult Victim with a Disability.
9600 Processing RCCI Intakes
SWI Policy and Procedures July 2024
The following sections describe how to process a Residential Child Care Investigations intake. For a more complete reference, see 2600 Processing.
9610 Resource Section
SWI Policy and Procedures March 2024
The intake specialist completes the resource section and performs a resource search when completing an RCCI intake. The intake specialist uses the resource where the abuse, neglect, or exploitation occurred.
9611 General Residential Operations (GROs)
SWI Policy and Procedures April 2023
For facilities other than foster homes such as residential treatment centers, the intake specialist performs a search using the facility name or address. Usually, searching for the facility by its ZIP code is a reliable way to determine whether the facility is listed in IMPACT.
General residential operations (GROs) include any of the following:
- Basic child care facility (example: High Sky Children’s Ranch)
- Emergency shelter (example: Buckner Emergency Shelter)
- Residential treatment center (example: A Fresh Start RTC)
GROs often have multiple listings in the resources. Some of these listings may be for a child-specific contract. When conducting the resource search, the intake specialist chooses the facility name that meets the following criteria:
- It is listed with the address given by the reporter.
- It is listed without any additional letters or names.
- The facility has RCL in the Investigation Jurisdiction column.
9612 Foster Homes
SWI Policy and Procedures April 2023
Foster homes and foster group homes are identified in IMPACT as one of the following:
- Agency Home
- Agcy Ther FF Home
- Agency Home - Mod
- FPS F/A Homes
- Ind (of any type)
The intake specialist completes a resource search using the name of the foster parents or address to determine the facility type. Usually, searching for the facility by its ZIP code is a reliable way to determine whether the facility is listed in IMPACT.
9612.1 Child Placing Agency (CPA) Homes
SWI Policy and Procedures December 2023
If the facility type contains the word Agency or Agcy, the foster home is a child placing agency (CPA) home, and the CPA is the correct resource. If the CPA sub-contracts with a single-source continuum contractor (SSCC), the correct resource is still the CPA. If the client is an adult with a disability, see 9741 Adult Victim with a Disability.
The intake specialist selects the link on the foster parent’s name. The CPA that monitors the home is in the Contact box on the Resource Detail screen.
After obtaining the CPA’s name, the intake specialist completes a search using the CPA’s name. Occasionally, a CPA has more than one listing, which means there are multiple offices. When this occurs, the correct resource name to select is the one that has a check under the C column on the Resource Search Results page. If more than one name is checked, the intake specialist does the following:
- Selects the link on one of the names to access the Resource Detail screen.
- Selects the Facility Detail tab at the top of the screen and then the homes list.
If the foster family is listed, this is the correct CPA office.
The resource name is the name of the CPA, never the name of the foster parent.
9612.2 FPS Foster Homes and Non-FPS Adoptive Homes Maintained by CPS
SWI Policy and Procedures April 2023
If the facility type is FPS F/A Home, the home is a CPS foster or adoptive home. If the facility type is Non-FPS Adoptive Home, the intake specialist must determine the maintainer. To find the CPS region responsible for monitoring the home, the intake specialist selects the link on the foster parent’s name, which displays the Resource Detail page. The region’s number is in the Maintainer box.
The resource name is Texas Dept Of Fps Reg # (select the resource that corresponds to the region number where the foster home is located) and never the name of the foster parent.
9613 Child-Specific Contract (CSC)
SWI Policy and Procedures June 2024
The child-specific contract (CSC) resource has a child or youth’s specific name and the word “only” in parentheses. The intake specialist does not select the CSC resource. Instead, the intake specialist selects the Primary Resource Name and Primary Resource ID, which display in the CSC resource entry in IMPACT.
If the primary resource type is Other Facility with any facility type, including HCS Group 1-4, then jurisdiction depends on whether the victim has a Medicaid waiver. If the Medicaid waiver status is unknown, the intake specialist completes a report for Provider Investigations (PI) Facility.
The chart below provides examples of CSC resource names and the corresponding primary resource names (resource names are changed due to confidentiality).
| Child-Specific Contract Resource Name |
Primary Resource Name |
|---|---|
Autistic Ctr (jones Only) Resource ID: 25201023 |
Autistic Treatment Center, Inc Resource ID: 23700307 |
Treehouse (jones Only) Resource ID: 25290677 |
The Tree House Center Resource ID: 24557567 |
“Fh” often with the foster parent’s last name or the name of the business or caregiver. For example: A. Black Fh (B. Jones Only) Resource ID: 26331248 |
Jane’s Helping Hands Resource ID: 25714144 |
“Fh Rid” often with the foster parent’s last name or the name of the business or caregiver. For example: Jones Only Fh Rid Resource ID: 25453834 |
Greta Smith Resource ID: 23204733 |
See:
6843 Services in Non-Provider Investigations (PI) Settings without a Waiver
9614 Resource Is Unknown or Not Found
SWI Policy and Procedures April 2023
If the name of the foster parent or the facility is not known, a search of the child’s placement events may provide this information.
The intake specialist performs a person search using the victim’s name and takes the following steps after locating the correct name:
- Select the name.
- On the Person Detail screen, select View Placements Events from the View Options drop-down list.
- Select the Search button. A list of the child’s placements pulls up.
- Select the Placement link.
After taking the steps above, use the following table to determine the name of the foster parent or facility.
| If: |
Then: |
|---|---|
the child is placed in a foster home verified by a CPA … |
|
the child is placed in a foster home verified by CPS … |
|
If there is no resource found in IMPACT, the intake specialist manually enters any known information into the Resource section of the intake. If no information is known about the resource, the intake specialist enters Unknown as the resource name, chooses Other as the facility type, and documents a city and county for the address.
9615 When the Specific Foster Home Cannot Be Identified
SWI Policy and Procedures April 2023
Some children in foster care have multiple placements in their IMPACT history. A child may make an outcry of abuse or neglect that occurred in a previous foster home, but not identify the specific placement. If there is more than one foster home in which the abuse or neglect might have occurred, and the reporter is unable to identify the correct one, the intake specialist does as follows:
- Completes only one intake.
- Selects one of the foster homes to document in the Resource section of the intake from the child’s Placement Events.
- Documents in the narrative that it is unknown in which foster home the abuse or neglect occurred, and that it may be a different one from the one documented in the intake.
9620 Case Name
SWI Policy and Procedures October 2023
If the intake or I&R is about a foster home, the Child Placing Agency’s name is the case name. If the intake is about an RCCR operation such as a residential treatment center or shelter, the operation’s name is the case name.
See 9612 Foster Homes.
9630 County
SWI Policy and Procedures October 2023
The intake specialist assigns an RCCI intake to the county in which the residential facility or foster home, where the abuse or neglect occurred, is located.
If a foster home is with a Child Placing Agency (CPA), and the foster home and CPA are in different counties, the intake specialist must manually change the county.
9640 Law Enforcement Notification
SWI Policy and Procedures October 2021
All RCCI intakes include a law enforcement notification to the agency with jurisdiction to investigate an incident of abuse or neglect where that incident occurred. This might be a different location if the child was participating in an activity away from the operation or facility at the time of the incident.
If a report alleges any human trafficking, the intake specialist chooses both the law enforcement agency with jurisdiction and the Texas Department of Public Safety - Joint Crimes Information Center (JCIC) for notification.
9650 RCCI Call-Out and Assignment
9651 Assignment of P1 and P2 Intakes
SWI Policy and Procedures July 2024
IMPACT auto-assigns some reports. If the Auto Assign checkbox is grayed out or not appropriate, the intake specialist manually assigns the report according to the Assignment Charts on the DFPS intranet.
9652 Assignment of I&R RCL Standards Compliance
SWI Policy and Procedures July 2024
I&R RCL Standards Compliance, including I&Rs regarding children in DFPS conservatorship who have run away, are not called out to Child Care Regulation. The intake specialist assigns an I&R RCL Standards Compliance to the routing coordinator in the county in which the facility or foster home is located.
See the Assignment Charts on the DFPS intranet.
9700 RCCI Program or Agency Jurisdiction Special Topics
SWI Policy and Procedures July 2024
The following sections describe how to handle complex jurisdictional issues for Residential Child Care Investigations.
9710 Determining RCCI or CPI 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. See 4720 Determining CPI or RCCI Jurisdiction for a Child in a Relative or Fictive Kin Placement.
9720 A Resident’s Death in an RCCR Operation
SWI Policy and Procedures August 2024
Child Resident
The intake specialist completes a Priority 1 (P1) intake for any death of a child while under the care of staff of an operation regulated by RCCR. This applies even if there is no indication that abuse, neglect, or exploitation was a contributing factor in the death.
Examples include the following:
- A child at a residential treatment center (RTC) is stung by a bee and dies of an allergic reaction to the bee sting. This applies regardless of whether the RTC staff had previous knowledge of the child’s allergy to bees.
- A child dies in an automobile accident while riding in a vehicle permitted by the foster parents or approved caregiver. This applies regardless of whether the driver was a foster parent.
- A medically fragile child dies while in foster care. However, if the child’s placement at the time of death was a hospital, see 4632.2 Death of a Child in DFPS Conservatorship in an Unlicensed Placement.
If there are no clear allegations of abuse, neglect, or exploitation, the intake specialist does the following:
- Chooses the allegation most applicable to the situation.
- Creates an unknown alleged perpetrator (AP) on the Person List.
- Documents the unknown AP on the Intake Actions page.
When an intake specialist completes an RCCI intake about the death of a child in DFPS conservatorship, he or she also completes an I&R to Existing CPS Case and an I&R CVS Caseworker Notification.
If the child was in DFPS conservatorship at the time of death, see:
CCR Situations Involving a Child in DFPS Conservatorship (on the DFPS intranet)
3101 CVS Caseworker Notification
4561.1 Situations That Require an I&R to Existing CPS Case
4632.1 Program Jurisdiction for the Death of a Child in DFPS Conservatorship
If the child was not in DFPS conservatorship at the time of death, but there is an open case, the intake specialist also completes an I&R to Existing Case for the program that has the open case.
Adult Resident
If the resident was an adult with a disability in the care of an RCCR operation, see:
9740 When a Victim Is At Least 18 Years Old
If the resident was an adult but does not have a disability, see 9740 When a Victim Is At Least 18 Years Old.
9730 Administering Medications
SWI Policy and Procedures July 2024
The term “medication” refers to a drug that may be obtained with or without a prescription, excluding a topical ointment obtained without a prescription.
A caretaker, foster parent, or employee of a residential child care operation may administer a medication to a child only under the following circumstances:
- The child’s parent or legal guardian authorizes the operation to administer the medication.
- The authorized medication meets the following criteria:
- It is administered as stated on the label directions or as amended in writing by a practitioner.
- It is not expired.
If an operation employee or foster parent administers any medication to a child under circumstances other than those described above, the intake specialist completes an intake or an I&R RCL Standards Compliance. If the child suffered any serious negative effects from the medication (such as seizures), the intake specialist completes an intake for physical abuse. If the child does not sustain any or has only minor effects (such as drowsiness), the intake specialist completes an I&R RCL Standards Compliance.
9740 When a Victim Is 18 Years Old or Older
SWI Policy and Procedures September 2024
Residential Child Care Investigations (RCCI) does not have jurisdiction to investigate abuse, neglect, or exploitation of a victim who is 18 years old or older and who resides in a facility regulated by Residential Child Care Regulation (RCCR) at the time of the incident.
The intake specialist uses the table below to determine jurisdiction and assessment based on the victim’s age and disability status in an RCCR setting. The intake specialist designates the oldest person who is a victim as the oldest victim (OV) even if the victim is at least 18 years old at the time of the report.
| Scenario Number |
Oldest Victim’s Age at Time of Incident |
Scenario |
Jurisdiction and Assessment |
|---|---|---|---|
1 |
Under 18 years old. |
Meets legal definition for abuse, neglect, or exploitation. |
|
2 |
Under 18 years old. |
Does not meet legal definition for abuse, neglect, or exploitation. |
|
3 |
18 years old or older with no disability. No child is a victim. |
Meets or does not meet legal definition for abuse, neglect, or exploitation. |
|
4 |
18 years old or older with no disability. A child is also a victim. |
Meets legal definition for abuse, neglect, or exploitation. |
|
5 |
18 years old or older with no disability. A child is also a victim. |
Does not meet legal definition for abuse, neglect, or exploitation. |
|
6 |
18 years old or older with a disability. No child is a victim. |
Meets legal definition for abuse, neglect, or exploitation. |
|
7 |
18 years old or older with a disability. A child is also a victim. |
Meets legal definition for abuse, neglect, or exploitation. |
|
8 |
18 years old or older with a disability. A child may or may not also be a victim. |
Does not meet legal definition for abuse, neglect, or exploitation. |
|
See:
3101 CVS Caseworker Notification
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
CCR Situations Involving a Child in DFPS Conservatorship on the DFPS intranet.
9741 Adult Victim with a Disability
SWI Policy and Procedures March 2024
Residential Child Care Investigations (RCCI) does not have jurisdiction to investigate abuse, neglect, or exploitation of a victim who is an adult with a disability and currently resides in a facility regulated by Residential Child Care Regulation (RCCR).
When there is abuse, neglect, or exploitation of an adult with a disability who resides in an operation regulated by RCCR, the intake specialist completes the following:
- A PI Facility intake
- An I&R RCL Standards Compliance
When the information does not meet the legal definition of abuse, neglect, or exploitation, the intake specialist completes the following:
- An I&R AFC Client Rights/Fac Admn Issues
- An I&R RCL Standards Compliance
When there is also abuse, neglect, or exploitation of a child in the RCCR operation, the intake specialist completes the PI Facility intake for the adult and an RCCI intake for the child using standard procedures. If the intake specialist completes an RCCI intake, the I&R RCL Standards Compliance is not completed.
See:
6636 Child-Specific Contract (CSC)
6830 Dual Jurisdiction between PI Facility and Another HHS Division
9750 Assessing Reports of an Alleged Sex Offender in an RCCR Setting
SWI Policy and Procedures August 2024
The intake specialist uses the following table to determine the appropriate assessment and completes a report based on the following variables, whether the facility is listed as active or inactive in IMPACT:
- Current or past presence of an alleged sex offender in the residential child care operation.
- Current or past presence of a child or children in the residential child care operation.
- An outcry of sexual abuse (SXAB).
| Sex Offender Currently in Operation |
Children Currently in Operation |
Sex Offender Previously in Operation |
Children Previously in Operation |
Outcry |
Assessment and Rationale |
|---|---|---|---|---|---|
No |
Either Yes or No |
Yes |
Either Yes or No |
No |
I&R RCL Standards Compliance. There is no current risk to children to support an intake. |
Yes |
No |
Either Yes or No |
Either Yes or No |
No |
I&R RCL Standards Compliance. There is no current risk to children to support an intake. |
No |
Either Yes or No |
Yes |
Yes |
Yes |
RCCI intake for outcry of past SXAB. |
Yes |
Yes |
Either Yes or No |
Either Yes or No |
No |
RCCI intake. There is current risk to children but no outcry of SXAB. |
Yes |
Yes |
Either Yes or No |
Either Yes or No |
Yes |
RCCI intake. There is an outcry SXAB, and there is current risk to children. |
See 9751 Documenting Reports of an Alleged Sex Offender in an RCCR Facility.
9751 Documenting Reports of an Alleged Sex Offender in an RCCR Facility
SWI Policy and Procedures August 2024
When an alleged sex offender is currently working, or has worked in the past, under the auspices of a facility regulated by RCCR, the intake specialist completes either an RCCI intake or an I&R RCL Standards Compliance. See 9750 Assessing Reports of an Alleged Sex Offender in an RCCR Setting.
The intake specialist does the following when completing an RCCI intake with a specific outcry:
- Assigns the caregiver, which may include the administrator or hiring authority, as an alleged perpetrator (AP) of neglectful supervision (NSUP) if the caregiver knowingly employed an alleged or registered sex offender.
- Assigns the alleged or registered sex offender as an AP of sexual abuse (SXAB).
- Designates the child who made the outcry as the oldest victim (OV).
The intake specialist does the following when completing an RCCI intake without a specific outcry:
- Assesses an allegation of NSUP.
- Creates an unknown AP with the relationship of Foster Parent (FP) or Institution Personnel/volunteer (IP), depending on the RCCR setting.
- Creates an unknown Oldest Victim who is a child.
If the victim is an adult with a disability, see 9740 When a Victim Is At Least 18 Years Old.
9760 Abuse, Neglect, or Exploitation by a Home and Community Support Services (HCSSA) Provider
SWI Policy and Procedures March 2024
If a reporter alleges that a child in an RCCR placement is abused, neglected, or exploited by an HCSSA (home health) provider, the intake specialist does the following:
- Completes an RCCI intake.
- Assesses the allegation of neglectful supervision, regardless of the caregiver’s knowledge or role.
- Creates an unknown alleged perpetrator with the relationship of foster parent (FP) or Institution Personnel/volunteer (IP) depending on the RCCR setting.
- Creates an unknown Oldest Victim who is a child.
- Completes an I&R Referred to HHSC regarding the HCSSA provider.
An HCSSA provider cannot be an alleged perpetrator in an RCCI intake.
If the victim is an adult with a disability, see 9740 When a Victim Is At Least 18 Years Old.
See:
7620 Reports Involving Children in DFPS Conservatorship
7643 Past Allegations Related to a Client Who Was a Child at the Time of Incident
9770 Law Enforcement Reports Family Violence in an RCCR Foster Home
SWI Policy and Procedures March 2024
Law enforcement must report any family violence incident that meets the following criteria:
- Occurred at the address of a foster home regulated by RCCR.
- Involves anyone whose residential address matches that of a foster home regulated by RCCR.
The intake specialist performs an IMPACT resource search using the foster home’s resource identification number, if known, to determine whether the home is an RCCR foster home. If the home cannot be found following this initial search, the intake specialist searches using the name and address.
If law enforcement finds the foster home in the law enforcement database but the intake specialist is unable to locate the foster home in IMPACT, the intake specialist completes a report as an intake or I&R RCL Standards Compliance.
The intake specialist assesses information regarding family violence in foster homes using standard procedures.
Whether a foster home is shown in IMPACT to be active or inactive, the intake specialist completes an I&R RCL Standards Compliance.
The intake specialist obtains and documents the following information:
- All demographics and contact information of the people involved and details of the situation using standard procedures.
- The location of the incident, as the incident may have occurred at a location other than the foster home. See 2670 Law Enforcement Notification.
- The foster home’s resource identification number as found in the law enforcement database.
- Any action taken by law enforcement, as well as the law enforcement agency’s name and report or incident number.