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Section 1000
1000 Legal Basis, Regulated Programs, Records, and Technology
1100 DFPS Authority to Investigate Abuse, Neglect, and Exploitation
1110 Federal Laws and Requirements
1111 The United States Constitution
1113 The Child Abuse Prevention and Treatment Act
1120 State Laws Supporting Child Care Investigations
1121 Texas Human Resources Code
1123 Texas Administrative Code
1124 State Laws and Rules Regulating Child Care
1140 Child Care Operations and Activities Subject to Regulation
1141 Types of Child Day Care Operations
1142 Types of Residential Child Care
1143 Types of Licensed Administrators
1150 Investigation Jurisdiction
1151 Referring Additional Allegations to Appropriate Agencies During an Ongoing Investigation
1152 Determining Whether an Operation Is Subject to Regulation
1153 Obtaining Consent to Enter an Unregulated Operation
1154 Actions When Entry to an Unregulated Operation Is Refused
1220 Complex Investigations Division
1230 Field Program Administrators
1240 The Role of the Supervisor
1241 Supervisor Experience and Training
1250 The Role of the Investigator
1252 Investigator Training Curriculum
1253 Guidelines for Average Caseloads
1300 Working with Other Agencies, Departments, or Programs
1311 CPI Special Investigators
1311.1 Assigning a CPI Special Investigator
1311.2 Special Investigations Assistance When Investigating Trafficking Allegations
1311.3 Special Investigations Assistance When Investigating Death or Near-Fatal Incidents
1312 Heightened Monitoring (Residential Child Care Only)
1313 DFPS Residential Contracts (Residential Child Care Only)
1313.1 Twenty-Four-Hour Awake Night Supervision (Residential Child Care Only)
1313.2 Notifying the Contract Manager of Investigation Findings
1314 Caseworkers for Children in DFPS Care
1321 Notifying Law Enforcement
1322 Conducting a Joint Investigation with Law Enforcement
1323 Documenting Contact with Law Enforcement
1330 HHSC Child Care Regulation
1340 Family Advocates and Other Advocacy Organizations
1343 Participation in Meetings
1344 Participation in Interviews
1400 Technology Supporting Investigations
1410 Use of State-Issued Equipment
1420 Legal Requirements to Take Photos
1431 Personally Identifiable Information
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Section 2000
2000 Notifications, Records, and Requests for Information
2100 Notifications During Investigations
2110 Notifications Made at Beginning of Investigation
2111 Notifying the Operation of an Investigation
2111.1 Methods of Notifying the Operation
2111.2 Exceptions to Notifying the Operation
2112 Notifications of Investigations Involving a Child in DFPS Conservatorship
2112.1 How to Notify the CPS Caseworker and Supervisor
2112.2 Maintaining Contact With the CPS Caseworker of Alleged Victims
2112.3 Documenting Contact With the CPS Caseworker
2113 Notifying a School District About Allegations Against a Public School Employee
2120 Notifying Parents, Guardians, or Managing Conservators of Interview With Child
2121 Notifying a Parent of an Alleged Victim
2130 Notifying Relevant Parties of the Results of an Investigation
2131 Notification to Parent of an Alleged Victim of the Results of an Abuse or Neglect Investigation
2132 Special Notifications for Investigations Involving Children in DFPS Conservatorship
2133 Notification to the Alleged Perpetrator for an Abuse or Neglect Investigation
2133.1 For Findings of Reason to Believe
2133.2 If the Alleged Perpetrator Is an Employee of the Operation
2133.3 If the Alleged Perpetrator Is a Minor (10 to 17 years of age)
2133.4 If a Due Process Hearing Is Requested
2134 Notifying the Residential Care Operation of the Results of an Investigation
2134.1 Documenting the Notification to the Residential Care Operation
2134.2 Release of Necessary Information
2135 Notifying the Reporter of Investigation Results
2136 Notification to Child Care Licensing
2200 Maintaining Evidence and Other Confidential Records
2211 The Content and Organization of Licensing Records
2212 Custody of Licensing Records
2212.1 Assigning, Reassigning, and Transferring Records
2220 Maintaining an Investigation File
2221 Maintaining Electronic Investigation Files
2221.1 Electronic Documents Finalized After Investigation Approval
2221.2 Documents Received After Investigation Closure
2222 Managing Physical Investigation Files
2222.1 Managing Information That Cannot Be Converted to Electronic Records
2230 Documenting and Storing Digital Photographs, Audio, Video, and Scanned Information
2231 Documenting Photographs, Audio, Video, and Scanned Information
2232 Storage of Digital Photographs, Audio, Video, and Scanned Information
2233 Printing or Destroying Photographs
2240 Documenting the Investigation
2241 Documentation of Case Notes
2242 Confidentiality of the Reporter’s Identity
2242.1 Responding to Requests for the Reporter’s Identity
2243 Documentation of All Investigations
2243.1 Additional Documentation for Abuse or Neglect Investigations
2244 Documentation on the Investigation Conclusion Page in CLASS
2244.1 Initiation of Investigation Field
2244.2 Observation Made During Inspection Field
2244.41 Findings Involving Child Sexual Aggression
2244.42 Findings Involving Child-on-Child Physical Abuse
2244.43 Explanation of Disposition Based on Preponderance
2244.44 Final Disposition and Summary of Due Process
2244.6 Updating the Person Detail Page
2300 Responding to Requests for Information
2310 Protecting Confidential Information
2320 Confidential Information Not for Release to the Public
2321 Confidential Information That May Be Released In Certain Situations
2322 How to Determine if a Person is a Prospective Adoptive Parent
2330 Information for General Release
2331 Providing the Minimum Standard Rules
2332 Providing Information About Child-Care Operations
2332.1 Providing Information About Child-Care Options
2333 Referring Requestors to the DFPS Web Site
2340 Responding to Requests From Parents and Managing Conservators
2350 Responding to Requests From DFPS Staff and Other Agencies
2352 Releasing to Other Agencies
2360 Releasing Information to the Media
2361 When to Contact a Regional Public Information Officer (PIO)
2362 Requests Beyond General Release
2363 Other Reasons to Contact a Regional PIO
2364 When the Regional PIO Is Unavailable
2365 When to Contact the State Office PIO
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Section 3000
3100 Definitions for Child Care Investigations
3130 Allegations of Child Trafficking (Sex and Labor Trafficking)
3131 Informing Special Investigations of Child Sex or Labor Trafficking
3132 Informing Law Enforcement of Child Sex or Labor Trafficking
3133 Confirmed and Suspected Victims of Child Sex or Labor Trafficking
3140 Allegations Involving Child Sexual Aggression or Child-on-Child Physical Abuse
3141 Documenting Child Sexual Aggression Determinations for a Child in DFPS Conservatorship
3211 Merging and Linking Investigations in IMPACT and CLASS
3212 Face-to-Face Contact Requirements on a Merged Intake during an Open Investigation
3220 Repeated Reports with No New Allegations
3230 Reports of Incidents That Occurred in the Past
3240 Incidents Reported by an Operation, Known as Self-Reports
3250 Reports Requiring Special Handling
3251 Processing Sensitive Intake Reports
3252 Processing Intake Reports Receiving Media Attention
3253 Processing Intake Reports Involving Disaster Relief
3254 Processing Intake Reports Involving H1N1
3300 Assessing and Processing Intake Reports
3310 Reports Received from Statewide Intake (SWI)
3311.1 RCCI Intake Reports Determined Appropriate for Priority None (PN)
3311.2 Contacting the SWI RCCI Screening Unit Outside Regular Business Hours
3312 Intake Reports That Do Not Require Screening
3320 Assessing an Intake Report for Type of Investigation and Priority
3321 Assessing an Intake Report for Type of Investigation
3321.1 Intake Reports to Be Investigated
3321.2 Intake Reports to Be Closed Without an Investigation
3322 Assessing an Intake Report for Priority
3322.1 Classifying an Intake Report as a Priority 1 Investigation
3322.2 Classifying an Intake Report as a Priority 2 Investigation
3322.3 Selecting the Priority of an Intake Report in CLASS
3330 Assessing an Intake Report for Allegation Types
3331.1 Selecting Allegations of Abuse, Neglect, or Exploitation in IMPACT
3332.1 Selecting Allegations of Violations in CLASS
3332.2 Allegation Involving a Child Under the Age of 6 (Child-Placing Agency Only)
3340 Processing Intake Reports in IMPACT and CLASS
3341 Investigate, Downgrade, or Close an Intake Report
3341.1 Changing the Priority of an Abuse, Neglect, or Exploitation Intake Report
3341.2 Reclassifying an Intake Report to a Priority None (PN) Intake Report
3341.3 Notification of Priority None (PN) Intake Reports Involving a Child in DFPS Conservatorship
3342 IMPACT and CLASS Options for Changing the Priority, Downgrading, or Closing an Intake Report
3342.1 IMPACT Options for Changing the Priority, Reclassifying, or Closing an Intake Report
3342.2 CLASS Options for Closing an Intake Report
3350 Preparing the Investigation in IMPACT and CLASS
3351 Progressing an Intake Report to an Investigation
3352 Progressing an Intake Report to an Investigation in IMPACT
3353 Progressing an Intake Report to an Investigation in CLASS
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Section 4000
4100 Overview of Investigations
4110 Components of a Thorough Investigation
4120 Supervisor Consultations during an Investigation
4121 Investigation Assignment Conference
4124 Dispositional Staffing and Determining the Findings
4130 Protecting a Reporter’s Confidentiality During an Investigation
4131 Identifying New Reporters During an Investigation
4200 Preparing for the Investigation
4210 Preparing Equipment and Other Required Items
4220 Reviewing Background Checks on Principals
4221 Releasing of a Copy of the DPS Criminal Records Check
4240 Conducting a Risk Assessment of Regulatory History
4241 Requesting a Risk Assessment of Regulatory History
4242 Conducting a Risk Assessment of Regulatory History
4243 Documenting the Risk Assessment of Regulatory History
4300 Conducting the Investigation
4310 Initiating the Investigation
4311 Time Frames for Initiation
4311.1 Time Frame for Initiating a Priority 1 (P1) Investigation
4311.2 Time Frame for Initiating a Priority 2 (P2) Investigation
4312 Time Frames for Face-to-Face Contact with Alleged Victims
4313 Documenting Face-to-Face Contact with Alleged Victims
4321 Gathering Evidence Related to Interviews
4322 Using Photos, Audio, Video, and Scanned Information
4322.1 Using Photos, Audio, Video, and Scanned Information as Investigative Tools
4322.2 Using Audio and Video Recordings as an Investigative Tool
4322.3 Taking Photos as Evidence
4322.31 Taking Sensitive Photos
4322.32 Taking Photos That Present Better Evidence
4323 Obtaining Written Documents as Evidence
4323.1 Obtaining Medical Records
4323.2 Obtaining Reports From Law Enforcement
4323.3 Reviewing Documents From CPS
4323.4 Obtaining Documents From the Operation
4324 Maintaining Records of Correspondence
4411 Testing the Recording Equipment
4412 Authenticating the Recording
4413 Exceptions to Recording the Interview
4414 Documenting Whether an Interview Was Recorded
4415 Using an Alternative Recording Device
4420 Observing and Interviewing Children
4421 Age and Ability Requirements for Observing and Interviewing Children
4422 Observing and Interviewing Alleged Victims
4422.1 Interview Takes Place before Receipt of Intake Report
4422.2 Contacting a Children’s Advocacy Center about Certain Allegations
4423 Observing and Interviewing a Child Related to a Child Care Provider
4431 Interviewing Alleged Perpetrators
4431.1 Before Conducting an Interview with an Alleged Perpetrator
4431.2 During an Interview with an Alleged Perpetrator
4431.3 Interview of an Alleged Perpetrator by Law Enforcement
4431.4 Alleged Perpetrator Fails to Cooperate with the Investigation
4432 Interviewing Principal and Collateral Sources
4440 Requesting a Courtesy Interview
4450 Interviewing Persons With Limited English Proficiency
4451 Using an Interpreter to Conduct an Interview
4452 Documenting the Use of Interpretation Services
4500 Assessing the Immediate Safety of Children
4520 Evaluating the Need for a Safety Intervention
4530 Implementing a DFPS Safety Plan
4531 Documenting a Safety Plan
4532 Restricting an Alleged Perpetrator's Contact with Children or Role at the Operation
4533 Notifying the Child Care Regulations Representative of the DFPS Safety Plan
4534 Operation Refuses to Implement a Safety Plan
4540 Evaluating and Ending a DFPS Safety Plan
4541 Revising or Extending a DFPS Safety Plan
4550 Handling Immediate Danger to Children
4600 Completing the Investigation
4610 Time Frames for Completion of the Investigation
4611 Extending Time Frames for Completing an Investigation
4611.1 Criteria for Requesting Additional Time to Complete the Investigation
4611.2 Documenting an Extension
4611.3 Obtaining an Additional Extension
4611.4 Time Frame for Supervisor to Approve or Reject an Extension Request
4621 Elements of Abuse, Neglect, and Exploitation
4622 Assigning the Severity to a Reason to Believe Disposition
4623 Issuing a Finding of Abuse, Neglect, or Exploitation When the Perpetrator Cannot Be Determined
4624 Allegations That Merit Administrative Closure
4624.1 Investigator Responsibilities When Recommending an Administrative Closure of an Investigation
4700 Submitting and Approving Investigations
4710 Submitting an Investigation
4720 Reviewing an Investigation
4721 Investigations Requiring Secondary Approval
4722 Submitting an Investigation for Secondary Approval
4730 Rejecting and Resubmitting an Investigation
4740 After an Investigation Is Approved
4741 Reopening a Closed Investigation
4741.1 Required Notification When an Investigation Is Reopened
4741.2 Required Notification When Changes Are Made to a Closed Investigation
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Section 5000
5100 Administrators and Other Persons in Charge as Perpetrators
5110 Repeated Allegations Involving the Same Operation or Person in Charge
5120 Multiple Referral Investigations
5200 Handling Obstruction of an Investigation
5210 Obstruction by the Operation
5220 Obstruction by the Alleged Perpetrator
5230 Obstruction by Regulated Operations
5240 Obstruction by Unregulated Operations
5300 Investigations of Fatalities and Near-Fatal Incidents
5310 Investigation of a Child’s Death
5311 Actions in the First 24 Hours
5311.1 Notifications of a Child Fatality
5311.11 Notifying Law Enforcement About a Child’s Death
5311.12 Notifying the Medical Examiner or Justice of the Peace of a Child Fatality
5311.13 Notifications Within DFPS
5312 Final Findings of the Medical Examiner
5313 Requesting an Extension Due to Pending Autopsy or Criminal Investigation Results
5320 Investigation of a Child’s Near Fatality
5321 Actions in the First 24 Hours
5322 Supervisory Approval of the Investigation of a Near Fatality
5330 Releasing Information about an Investigation of a Child’s Death or Near Fatality
5331 Information Required to Be Released before the Investigation Is Complete
5334 Legal Review of Information to Be Released
5400 Special Considerations for Certain Types of Reports
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Section 6000
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Section 7000
7000 Administrative Reviews and Appeals of Investigation Findings
7110 The Right to an Administrative Review
7111 When An Individual Is Entitled to an Administrative Review
7112 Explaining the Right to an Administrative Review
7113 Waiving the Right to an Administrative Review
7120 Roles for Conducting an Administrative Review
7130 Receiving a Request for an Administrative Review
7131 Determining Whether a Request for an Administrative Review Meets the Due Date
7131.1 When the Request for an Administrative Review Meets the Due Date
7131.2 When the Request for an Administrative Review Does Not Meet the Due Date
7132 Determining Whether a Request for an Administrative Review Is Complete
7132.1 When a Request for an Administrative Review Is Complete
7132.2 When a Request for an Administrative Review Is Incomplete
7140 Initiating Contact With the Requestor of an Administrative Review
7141 Scheduling an Administrative Review Conference
7142 Documenting the Initial Contact With the Requestor in CLASS
7150 Conducting an Administrative Review Conference
7151 If the Requester Waives the Right to the Administrative Review Conference
7160 Deciding the Outcome of an Administrative Review
7161 Documenting the Outcome of an Administrative Review in CLASS
7162 Documenting the Outcome of an Administrative Review in IMPACT
7163 Amending an Action or Decision as the Result of an Administrative Review
7170 Notifying a Requestor About the Outcome of an Administrative Review
7171 Notifying an Individual of the Outcome of the Administrative Review
7200 Hearings Concerning Child Abuse or Neglect Findings
7210 Due Process Hearings for Persons Investigated by Licensing
7212 Waiving the Right to a Due Process Hearing
7220 Documenting the Results of the Due Process Hearing
7221 Overturning or Changing a Finding of Abuse, Neglect, or Exploitation
7222 Upholding a Finding of Abuse, Neglect, or Exploitation
7223 Sustaining a Perpetrator in IMPACT
7224 Documenting the Final Disposition for Abuse, Neglect, or Exploitation Investigations in CLASS
7232 Notifying the Residential Care Operation About an Overturned or Changed Finding
7240 Documentation and Notification of Due Process Hearings for Perpetrators Who Are Minors
7241 Minor Does Not Request a Due Process Hearing
7242 When a Minor Turns Eighteen
7243 Release Hearings When CCI Releases Investigation Findings
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Appendices
Appendices Section 1000: General Information
Appendix 1000-2: Decision Guide: Is the Care Being Provided Subject to Regulation?
Appendix 1000-3: Security Roles and Functions in CLASS
Appendices Section 2000: Notifications and Other Confidential Investigation Information
Appendix 2000-1: Notification Time Frames
Appendix 2000-2: Organizing Investigation Records
Appendix 2000-3: Educational Materials
Appendices Section 4000: Investigations
Appendix 4000-1: Investigation Time Frames
Appendix 4000-2: Supervisor and Secondary Approver Time Frames
Appendices Section 7000: Administrative Reviews and Appeals of Investigation Findings
Appendix 7000-1: Guidelines for Preparing Records for SOAH Hearings and Tracking