SECTION 707.713. What standards for conducting investigations of abuse, neglect, and exploitation apply to the Child Care Investigations program?

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

(1) Each individual responsible for investigating reports of child abuse, neglect, or exploitation in a child care operation, or for conducting interviews during such investigations, must receive at least 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, neglect, and exploitation as defined in Texas Family Code (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) and division 5 of this subchapter (relating to Abuse, Neglect, and Exploitation);

(C) The types of abuse, neglect, and exploitation reported to DFPS;

(D) Forensic interviewing, including the collection of physical evidence and advanced training in investigative protocols and techniques; and

(E) Applicable 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) Individuals who investigate reports of child abuse should:

(A) Utilize Children's Advocacy Centers, as appropriate;

(B) Follow protocols to minimize the number of interviews with a child; and

(C) Coordinate with experts to be thorough and exercise professional judgment in determining the nature, extent, and number of interviews, observations, and examinations of suspected child abuse victims.

(5) All documents generated during investigations must be maintained according to the Child Care 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.

Source Note: The provisions of this §707.713 adopted to be effective July 15, 2020, 45 TexReg 4780