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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700CHILD PROTECTIVE SERVICES
SUBCHAPTER DSCHOOL INVESTIGATIONS
RULE §700.408Conducting the School Investigation

(a) An investigation conducted under this subchapter shall include the following investigative steps, unless the allegations of child abuse and neglect can be clearly confirmed or ruled-out without recourse to one or more of these steps:

  (1) obtain a full statement of the allegation from the reporter, as appropriate to the case.

  (2) interview or examine each alleged victim, as appropriate in the case.

  (3) interview any other witnesses or persons who may have collateral information, including the child's parents or guardian.

  (4) interview the alleged perpetrator, when available.

  (5) obtain photographs, school records, or other pertinent physical evidence, if relevant to the investigation.

  (6) request that a parent of an alleged victim obtain a medical, psychological, or psychiatric examination of the child and that the records of such examination be provided to the Child Protective Services (CPS) investigator, if necessary, to properly investigate the allegations in the case.

  (7) request that the alleged perpetrator submit to a medical, psychological, or psychiatric examination and that the records of such examination be provided to the CPS investigator, if necessary, to properly investigate the allegations in the case.

  (8) cooperate with law enforcement in the event that law enforcement is conducting a joint investigation regarding the allegations.

(b) CPS will conduct a criminal history background check on the alleged perpetrator in accordance with Texas Government Code, §411.114, and §700.520 of this title (relating to Criminal Records Checks).

(c) The CPS investigator must complete the investigation, reach a disposition as to each allegation made in the report, and submit the investigation report and findings to a supervisor for approval within 30 days after initiating the investigation, unless an extension of time is approved by the worker's supervisor due to extenuating circumstances. The CPS supervisor must approve the investigation or return it to the investigator for further action, within ten days of receiving the investigative report. If the tenth day falls on a weekend or state holiday, the supervisor has until the next working day to complete the required review.

(d) Notwithstanding any other provision in this section, an investigation may be closed administratively at any point during the investigation, if it becomes apparent after initiating the investigation that the allegations made in the report do not, in fact, meet one or more of the criteria for investigation specified in §700.404 of this title (relating to Criteria for Accepting Reports and Conducting School Investigations). If a case is closed administratively, all allegations in the case are given the disposition of "administrative closure."


Source Note: The provisions of this §700.408 adopted to be effective August 7, 1998, 23 TexReg 7231.

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