Tex. Fam. Code Section 261.404
Investigations Regarding Certain Children Receiving Services from Certain Providers


(a)

Notwithstanding Section 261.005 (Reference to Executive Commissioner or Commission), in this section:

(1)

“Commission” means the Health and Human Services Commission.

(2)

“Executive commissioner” means the executive commissioner of the Health and Human Services Commission.

(a-1)

The commission shall investigate a report of abuse, neglect, or exploitation of a child receiving services from a provider, as those terms are defined by Section 48.251 (Definitions), Human Resources Code, or as otherwise defined by rule. The commission shall also investigate, under Subchapter F (Definitions), Chapter 48 (Investigations and Protective Services for Elderly Persons and Persons with Disabilities), Human Resources Code, a report of abuse, neglect, or exploitation of a child receiving services from an officer, employee, agent, contractor, or subcontractor of a home and community support services agency licensed under Chapter 142 (Home and Community Support Services), Health and Safety Code, if the officer, employee, agent, contractor, or subcontractor is or may be the person alleged to have committed the abuse, neglect, or exploitation.

(a-2)

For an investigation of a child living in a residence owned, operated, or controlled by a provider of services under the home and community-based services waiver program described by Section 534.001 (Definitions)(11)(B), Government Code, the department, in accordance with Subchapter E (Application of Subchapter), Chapter 48 (Investigations and Protective Services for Elderly Persons and Persons with Disabilities), Human Resources Code, may provide emergency protective services necessary to immediately protect the child from serious physical harm or death and, if necessary, obtain an emergency order for protective services under Section 48.208 (Emergency Order for Protective Services), Human Resources Code.

(a-3)

For an investigation of a child living in a residence owned, operated, or controlled by a provider of services under the home and community-based services waiver program described by Section 534.001 (Definitions)(11)(B), Government Code, regardless of whether the child is receiving services under that waiver program from the provider, the department shall provide protective services to the child in accordance with Subchapter E (Application of Subchapter), Chapter 48 (Investigations and Protective Services for Elderly Persons and Persons with Disabilities), Human Resources Code.

(a-4)

For purposes of this section, Subchapters E and F, Chapter 48 (Investigations and Protective Services for Elderly Persons and Persons with Disabilities), Human Resources Code, apply to an investigation of a child and to the provision of protective services to that child in the same manner those subchapters apply to an investigation of an elderly person or person with a disability and the provision of protective services to that person.

(b)

The commission shall investigate a report under this section under rules developed by the executive commissioner.

(c)

If a report under this section relates to a child with an intellectual disability receiving services in a state supported living center or the ICF-IID component of the Rio Grande State Center, the commission shall, within 24 hours of receiving the report, notify the facility in which the child is receiving services of the allegations in the report.

(d)

If, during the course of the commission’s investigation of reported abuse, neglect, or exploitation, a caseworker of the commission or the caseworker’s supervisor has cause to believe that a child with an intellectual disability described by Subsection (c) has been abused, neglected, or exploited by another person in a manner that constitutes a criminal offense under any law, including Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual), Penal Code, the caseworker shall immediately notify the commission’s office of inspector general and promptly provide the commission’s office of inspector general with a copy of the commission’s investigation report.

(e)

The definitions of “abuse” and “neglect” prescribed by Section 261.001 (Definitions) do not apply to an investigation under this section.

(f)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 1272 , Sec. 19(1), and Ch. 860 , Sec. 15(1), effective September 1, 2015
Added by Acts 1995, 74th Leg., ch. 751, Sec. 100, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 907, Sec. 39, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 7, eff. June 11, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.146, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 11, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 12, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 15(1), eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 19(1), eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.08, eff. April 1, 2025.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 3, eff. September 1, 2023.

(1)

“Commission” means the Health and Human Services Commission.

(2)

“Executive commissioner” means the executive commissioner of the Health and Human Services Commission.

(a-1)

The commission shall investigate a report of abuse, neglect, or exploitation of a child receiving services from a provider, as those terms are defined by Section 48.251 (Definitions), Human Resources Code, or as otherwise defined by rule. The commission shall also investigate, under Subchapter F (Definitions), Chapter 48 (Investigations and Protective Services for Elderly Persons and Persons with Disabilities), Human Resources Code, a report of abuse, neglect, or exploitation of a child receiving services from an officer, employee, agent, contractor, or subcontractor of a home and community support services agency licensed under Chapter 142 (Home and Community Support Services), Health and Safety Code, if the officer, employee, agent, contractor, or subcontractor is or may be the person alleged to have committed the abuse, neglect, or exploitation.

(a-2)

For an investigation of a child living in a residence owned, operated, or controlled by a provider of services under the home and community-based services waiver program described by Section 542.0001 (Definitions)(11)(B), Government Code, the department, in accordance with Subchapter E (Application of Subchapter), Chapter 48 (Investigations and Protective Services for Elderly Persons and Persons with Disabilities), Human Resources Code, may provide emergency protective services necessary to immediately protect the child from serious physical harm or death and, if necessary, obtain an emergency order for protective services under Section 48.208 (Emergency Order for Protective Services), Human Resources Code.

(a-3)

For an investigation of a child living in a residence owned, operated, or controlled by a provider of services under the home and community-based services waiver program described by Section 542.0001 (Definitions)(11)(B), Government Code, regardless of whether the child is receiving services under that waiver program from the provider, the department shall provide protective services to the child in accordance with Subchapter E (Application of Subchapter), Chapter 48 (Investigations and Protective Services for Elderly Persons and Persons with Disabilities), Human Resources Code.

(a-4)

For purposes of this section, Subchapters E and F, Chapter 48 (Investigations and Protective Services for Elderly Persons and Persons with Disabilities), Human Resources Code, apply to an investigation of a child and to the provision of protective services to that child in the same manner those subchapters apply to an investigation of an elderly person or person with a disability and the provision of protective services to that person.

(b)

The commission shall investigate a report under this section under rules developed by the executive commissioner.

(c)

If a report under this section relates to a child with an intellectual disability receiving services in a state supported living center or the ICF-IID component of the Rio Grande State Center, the commission shall, within 24 hours of receiving the report, notify the facility in which the child is receiving services of the allegations in the report.

(d)

If, during the course of the commission’s investigation of reported abuse, neglect, or exploitation, a caseworker of the commission or the caseworker’s supervisor has cause to believe that a child with an intellectual disability described by Subsection (c) has been abused, neglected, or exploited by another person in a manner that constitutes a criminal offense under any law, including Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual), Penal Code, the caseworker shall immediately notify the commission’s office of inspector general and promptly provide the commission’s office of inspector general with a copy of the commission’s investigation report.

(e)

The definitions of “abuse” and “neglect” prescribed by Section 261.001 (Definitions) do not apply to an investigation under this section.

(f)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 1272 , Sec. 19(1), and Ch. 860 , Sec. 15(1), effective September 1, 2015
Added by Acts 1995, 74th Leg., ch. 751, Sec. 100, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 907, Sec. 39, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 7, eff. June 11, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.146, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 11, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 12, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 860 (S.B. 1880), Sec. 15(1), eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1272 (S.B. 760), Sec. 19(1), eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.08, eff. April 1, 2025.
Acts 2023, 88th Leg., R.S., Ch. 887 (H.B. 4696), Sec. 3, eff. September 1, 2023.

Source: Section 261.404 — Investigations Regarding Certain Children Receiving Services from Certain Providers, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­261.­htm#261.­404 (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

§ 261.404’s source at texas​.gov