40 Tex. Admin. Code § 707.509

Current through Reg. 49, No. 24; June 14, 2024
Section 707.509 - What standards for conducting investigations of abuse and neglect apply to the Investigations program?

To encourage professionalism and consistency in the investigation of reports of child abuse and neglect, as specified in the Texas Family Code (TFC) §261.310, the Texas Department of Family and Protective Services adopts the following standards for individuals who investigate reports of child abuse and neglect:

(1) Each individual responsible for investigating reports of child abuse and neglect, or for conducting interviews during investigations of child abuse and neglect, must receive a minimum of 12 hours of professional training every year.
(2) The professional training curriculum for individuals who conduct investigations or investigation interviews must include information about:
(A) Abuse and neglect as defined in TFC §261.001 including the distinction between:
(i) Physical injuries resulting from abuse; and
(ii) Ordinary childhood injuries;
(B) Abuse involving mental or emotional injury as defined in TFC §261.001(1);
(C) Available treatment resources;
(D) The types of child abuse and neglect reported to DFPS, including information about the receipt of false reports;
(E) Forensic interviewing and investigatory techniques and the collection of physical evidence; and
(F) Federal child welfare laws.
(3) All investigatory interviews that are recorded should be recorded:
(A) Accurately, without interruption; and without alteration;
(B) Should be made on equipment that is capable of making an accurate recording; and
(C) Should be made by a person that is competent to make the recording.
(4) In accordance with Subchapter E of Chapter 264, Texas Family Code, investigators should:
(A) Utilize Children's Advocacy Centers when appropriate and follow protocols to minimize the number of interviews with a child; and
(B) Be thorough and exercise professional judgment and expertise in determining the nature, extent, and number of interviews and examinations of suspected child abuse victims.
(5) All documents generated during investigations must be maintained according to the Investigations published records retention schedule on the DFPS website, including:
(A) Original tape recordings of telephone intakes;
(B) Any recordings of interviews; and
(C) Worker case notes regarding the investigation.
(6) Investigators must make a reasonable effort to locate and notify each parent of an alleged victim of the report of abuse or neglect relating to the child victim.

40 Tex. Admin. Code § 707.509

Adopted by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4781, eff. 7/15/2020