SECTION 707.491. What procedures apply when the investigator makes contact with and conducts interviews of parent(s) and alleged perpetrator(s) during an investigation?

(a) At the first contact with the parent(s) or with the alleged perpetrator(s), regardless of whether or not the first contact is in person, the investigator must:

(1) Identify himself or herself; and

(2) Advise the parent(s) or alleged perpetrator(s) of the complaints or allegations in the report while protecting the identity of the reporter.

(b) If the first contact is not in person, at the first face-to-face contact, the investigator must also:

(1) Have the Texas Department of Family and Protective Services (DFPS) identification available for inspection;

(2) Explain DFPS's role and legal responsibilities in the investigation;

(3) Discuss each allegation in the report; and

(4) Ask for a response to the allegations or an explanation of the alleged victim's situation in light of the report.

(c) Any visit to interview the parent(s) or alleged perpetrator(s) may be announced or unannounced. The investigator decides whether to announce the visit based on the nature of the allegations and the need to protect the child. Prior to the interview of the parent(s) or alleged perpetrator(s), the investigator must inform the individual:

(1) orally and in writing of his or her right to audio or video record the interview and receive a copy of the Investigation program's current recording policy, and that the recording may be subject to subpoena under a court order; and

(2) in writing of his or her right to an administrative review of investigation findings if the Investigations program makes a finding of reason-to-believe against the individual.

(d) If at any point in the investigation we learn that a parent may be a victim of domestic violence, the investigator will provide that parent information on available community services available to domestic violence victims.

Source Note: The provisions of this §707.491 adopted to be effective July 15, 2020, 45 TexReg 4780; amended to be effective September 22, 2022, 47 TexReg 6250