Tex.
Fam. Code Section 261.307
Information Relating to Investigation Procedure and Child Placement Resources
(a)
After initiating an investigation of a parent or other person having legal custody of a child, the department shall, upon first contact with the parent or with the alleged perpetrator, provide to the person:(1)
a written summary that:(A)
is brief and easily understood;(B)
is written in a language that the person understands, or if the person is illiterate, is read to the person in a language that the person understands; and(C)
contains the following information:(i)
the department’s procedures for conducting an investigation of alleged child abuse or neglect, including:(a)
a description of the circumstances under which the department would request to remove the child from the home through the judicial system;(b)
an explanation that the law requires the department to refer all reports of alleged child abuse or neglect to a law enforcement agency for a separate determination of whether a criminal violation occurred; and(c)
an explanation that any statement or admission made by the person to anyone may be used against the person in a criminal case, as a basis to remove the child who is the subject of the investigation or any other child from the person’s care, custody, and control either temporarily or permanently, or as a basis to terminate the person’s relationship with the child who is the subject of the investigation or any other child;(ii)
the person’s right to file a complaint with the department or to request a review of the findings made by the department in the investigation;(iii)
the person’s right to review all records of the investigation unless the review would jeopardize an ongoing criminal investigation or the child’s safety;(iv)
the person’s right to seek legal counsel;(v)
references to the statutory and regulatory provisions governing child abuse and neglect and how the person may obtain copies of those provisions;(vi)
the process the person may use to acquire access to the child if the child is removed from the home;(vii)
the rights listed under Subdivision (2); and(viii)
the known allegations the department is investigating;(2)
a verbal notification of the right to:(A)
not speak with any agent of the department without legal counsel present;(B)
receive assistance from an attorney;(C)
have a court-appointed attorney if:(i)
the person is indigent;(ii)
the person is the parent of the child; and(iii)
the department seeks a court order in a suit filed under Section 262.101 (Filing Petition Before Taking Possession of Child) or 262.105 (Filing Petition After Taking Possession of Child in Emergency) or a court order requiring the person to participate in services under Section 264.203 (Required Participation);(D)
record any interaction or interview subject to the understanding that the recording may be subject to disclosure to the department, law enforcement, or another party under a court order;(E)
refuse to allow the investigator to enter the home or interview the child without a court order;(F)
have legal counsel present before allowing the investigator to enter the home or interview the child;(G)
withhold consent to the release of any medical or mental health records;(H)
withhold consent to any medical or psychological examination of the child;(I)
refuse to submit to a drug test; and(J)
consult with legal counsel prior to agreeing to any proposed voluntary safety plan;(3)
if the department determines that removal of the child may be warranted, a proposed child placement resources form that:(A)
instructs the parent or other person having legal custody of the child to:(i)
complete and return the form to the department or agency;(ii)
identify in the form at least three individuals who could be relative caregivers or designated caregivers, as those terms are defined by Section 264.751 (Definitions);(iii)
ask the child in a developmentally appropriate manner to identify any adult, particularly an adult residing in the child’s community, who could be a relative caregiver or designated caregiver for the child; and(iv)
list on the form the name of each individual identified by the child as a potential relative caregiver or designated caregiver; and(B)
informs the parent or other person of a location that is available to the parent or other person to submit the information in the form 24 hours a day either in person or by facsimile machine or e-mail; and(4)
an informational manual required by Section 261.3071 (Informational Manuals).(b)
The child placement resources form described by Subsection (a)(3) must include information on the periods of time by which the department must complete a background check.(c)
The department investigator shall document that the investigator provided the verbal notification required by Subsection (a)(2).(c)
Before taking any action under Section 261.304 (Investigation of Anonymous Report), a department representative must provide to a parent or other person having legal custody of a child who is under investigation:(1)
information regarding the representative’s identity;(2)
the summary described by Subsection (a)(1); and(3)
a reasonable amount of time to read or review the summary.(d)
The department shall adopt a form for the purpose of verifying that the parent or other person having legal custody of the child received the verbal notification and written summary required by this section. The department shall provide a true and correct copy of the signed form to the person who is the subject of the investigation or that person’s attorney, if represented by an attorney.(e)
If a person who is the subject of an investigation does not receive the verbal notification and written summary required by this section, any information obtained from the person, and any other information that would not have been discovered without that information, is not admissible for use against the person in any civil proceeding.
Source:
Section 261.307 — Information Relating to Investigation Procedure and Child Placement Resources, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.261.htm#261.307 (accessed Apr. 13, 2024).
