Tex. Fam. Code Section 261.301
Investigation of Report


(a)

With assistance from the appropriate state or local law enforcement agency as provided by this section, the department shall make a prompt and thorough investigation of a report of child abuse or neglect allegedly committed by a person responsible for a child’s care, custody, or welfare. The investigation shall be conducted without regard to any pending suit affecting the parent-child relationship.

(b)

A state agency shall investigate a report that alleges abuse, neglect, or exploitation occurred in a facility operated, licensed, certified, or registered by that agency as provided by Subchapter E. In conducting an investigation for a facility operated, licensed, certified, registered, or listed by the department, the department shall perform the investigation as provided by:

(1)

Subchapter E; and

(2)

the Human Resources Code.

(c)

The department is not required to investigate a report that alleges child abuse, neglect, or exploitation by a person other than a person responsible for a child’s care, custody, or welfare. The appropriate state or local law enforcement agency shall investigate that report if the agency determines an investigation should be conducted.

(d)

The executive commissioner shall by rule assign priorities and prescribe investigative procedures for investigations based on the severity and immediacy of the alleged harm to the child. The primary purpose of the investigation shall be the protection of the child. The rules must require the department, subject to the availability of funds, to:

(1)

immediately respond to a report of abuse and neglect that involves circumstances in which the death of the child or substantial bodily harm to the child would result unless the department immediately intervenes;

(2)

respond within 24 hours to a report of abuse and neglect that is assigned the highest priority, other than a report described by Subdivision (1); and

(3)

respond within 72 hours to a report of abuse and neglect that is assigned the second highest priority.

(e)

As necessary to provide for the protection of the child, the department shall determine:

(1)

the nature, extent, and cause of the abuse or neglect;

(2)

the identity of the person responsible for the abuse or neglect;

(3)

the names and conditions of the other children in the home;

(4)

an evaluation of the parents or persons responsible for the care of the child;

(5)

the adequacy of the home environment;

(6)

the relationship of the child to the persons responsible for the care, custody, or welfare of the child; and

(7)

all other pertinent data.

(f)

An investigation of a report to the department that alleges that a child has been or may be the victim of conduct that constitutes a criminal offense that poses an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child shall be conducted jointly by a peace officer, as defined by Article 2.12 (Who Are Peace Officers), Code of Criminal Procedure, from the appropriate local law enforcement agency and the department or the agency responsible for conducting an investigation under Subchapter E.

(f)

An investigation of a report to the department that alleges that a child has been or may be the victim of conduct that constitutes a criminal offense that poses an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child shall be conducted jointly by a peace officer, as defined by Article 2A.001 (Peace Officers Generally), Code of Criminal Procedure, from the appropriate local law enforcement agency and the department or the agency responsible for conducting an investigation under Subchapter E.

(g)

The inability or unwillingness of a local law enforcement agency to conduct a joint investigation under this section does not constitute grounds to prevent or prohibit the department from performing its duties under this subtitle. The department shall document any instance in which a law enforcement agency is unable or unwilling to conduct a joint investigation under this section.

(h)

The department and the appropriate local law enforcement agency shall conduct an investigation, other than an investigation under Subchapter E, as provided by this section and Article 2.27 (Investigation of Certain Reports Alleging Abuse), Code of Criminal Procedure, if the investigation is of a report that alleges that a child has been or may be the victim of conduct that constitutes a criminal offense that poses an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child. Immediately on receipt of a report described by this subsection, the department shall notify the appropriate local law enforcement agency of the report.

(h)

The department and the appropriate local law enforcement agency shall conduct an investigation, other than an investigation under Subchapter E, as provided by this section and Article 2A.057 (Investigation of Certain Reports Alleging Abuse, Neglect, or Exploitation), Code of Criminal Procedure, if the investigation is of a report that alleges that a child has been or may be the victim of conduct that constitutes a criminal offense that poses an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child. Immediately on receipt of a report described by this subsection, the department shall notify the appropriate local law enforcement agency of the report.

(i)

If at any time during an investigation of a report of child abuse or neglect to which the department has assigned the highest priority the department is unable to locate the child who is the subject of the report of abuse or neglect or the child’s family, the department shall notify the Department of Public Safety that the location of the child and the child’s family is unknown. If the Department of Public Safety locates the child and the child’s family, the Department of Public Safety shall notify the department of the location of the child and the child’s family.

(j)

In geographic areas with demonstrated need, the department shall designate employees to serve specifically as investigators and responders for after-hours reports of child abuse or neglect.

(k)

In an investigation of a report of abuse or neglect allegedly committed by a person responsible for a child’s care, custody, or welfare, the department shall determine whether the person is an active duty member of the United States armed forces or the spouse of a member on active duty. If the department determines the person is an active duty member of the United States armed forces or the spouse of a member on active duty, the department shall notify the United States Department of Defense Family Advocacy Program at the closest active duty military installation of the investigation.

(l)

After the 60th day after the date an investigation is closed, the department may not reopen the investigation or change the department’s finding in the investigation to find abuse or neglect occurred. Before the 60th day after the date an investigation is closed, the department may reopen a closed investigation and change the department’s finding in the investigation only for good cause shown. The commissioner by rule shall establish procedures for reopening a closed investigation as authorized by this section.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 94, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 943, Sec. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1022, Sec. 70, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1137, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1150, Sec. 4, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 23, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 867, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.16(a), eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.129, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1056 (H.B. 2053), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 9, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 356 (H.B. 2124), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 2, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 4, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(13), eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.050, eff. January 1, 2025.

Source: Section 261.301 — Investigation of Report, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­261.­htm#261.­301 (accessed Mar. 23, 2024).

261.001
Definitions
261.002
Central Registry
261.003
Application to Students in School for Deaf or School for Blind and Visually Impaired
261.004
Tracking of Recurrence of Child Abuse or Neglect Reports
261.005
Reference to Executive Commissioner or Commission
261.101
Persons Required to Report
261.102
Matters to Be Reported
261.103
Report Made to Appropriate Agency
261.104
Contents of Report
261.105
Referral of Report by Department or Law Enforcement
261.106
Immunities
261.107
False Report
261.108
Frivolous Claims Against Person Reporting
261.109
Failure to Report
261.110
Employer Retaliation Prohibited
261.111
Refusal of Psychiatric or Psychological Treatment of Child
261.201
Confidentiality and Disclosure of Information
261.202
Privileged Communication
261.203
Information Relating to Child Fatality
261.204
Annual Child Fatality Report
261.301
Investigation of Report
261.302
Conduct of Investigation
261.303
Interference with Investigation
261.304
Investigation of Anonymous Report
261.305
Access to Mental Health Records
261.306
Removal of Child from State
261.307
Information Relating to Investigation Procedure and Child Placement Resources
261.308
Submission of Investigation Report
261.309
Review of Department Investigations
261.310
Investigation Standards
261.311
Notice of Report
261.312
Review Teams
261.314
Testing
261.315
Removal of Certain Investigation Information from Records
261.316
Exemption from Fees for Medical Records
261.401
Agency Investigation
261.402
Investigative Reports
261.403
Complaints
261.404
Investigations Regarding Certain Children Receiving Services from Certain Providers
261.405
Investigations in Juvenile Justice Programs and Facilities
261.406
Investigations in Schools
261.407
Minimum Standards
261.408
Information Collection
261.409
Investigations in Facilities Under Texas Juvenile Justice Department Jurisdiction
261.410
Report of Abuse by Other Children
261.501
Filing Application for Protective Order in Certain Cases of Abuse or Neglect
261.502
Certification of Findings
261.503
Temporary Ex Parte Order
261.504
Required Findings
261.505
Application of Other Law
261.1055
Notification of District Attorneys
261.3011
Joint Investigation Guidelines and Training
261.3013
Case Closure Agreements Prohibited
261.3015
Alternative Response System
261.3016
Training of Personnel Receiving Reports of Abuse and Neglect
261.3017
Consultation with Physician Networks and Systems Regarding Certain Medical Conditions
261.3018
Abbreviated Investigation and Administrative Closure of Certain Cases
261.3021
Casework Documentation and Management
261.3022
Child Safety Check Alert List
261.3023
Law Enforcement Response to Child Safety Check Alert
261.3024
Removal from Child Safety Check Alert List
261.3027
Notice of Right to Record Interview
261.3031
Failure to Cooperate with Investigation
261.3032
Interference with Investigation
261.3071
Informational Manuals
261.3081
Notice Regarding Changes Made by Department to Investigation Report
261.3091
Notice of Right to Request Administrative Review
261.3105
Training Program for Persons Investigating Suspected Child Abuse or Neglect
261.3125
Child Safety Specialists
261.3126
Colocation of Investigators
261.30175
Mitigation of Provider Conflicts in Abuse or Neglect Investigation Consultations

Accessed:
Mar. 23, 2024

§ 261.301’s source at texas​.gov