2. Today's Program
• State Law
• Local Statistics
• Making a CPS referral and reporting
requirements
• Definitions of Abuse and Neglect
• Indicators of Abuse and Neglect
• Preventative Measures
• CPS Services
3. Texas Law (Texas Family Code)
• Sec. 261.101. REQUIRED TO REPORT; TIME TO REPORT.
– 48 Hours to make a report if abuse neglect suspected
• Sec. 261.109.  FAILURE TO REPORT; Criminal Penalty
• Sec. 261.107.  FALSE REPORT; Civil / Criminal Penalty
• Sec. 261.106.  IMMUNITIES; Good Faith Reporting Civil /
Criminal immunities
• Sec. 261.110.  EMPLOYER RETALIATION PROHIBITED;    Â
for reporting abuse/neglect
4. Texas Family Code
• Sec. 261.302.  CONDUCT OF INVESTIGATION. (a) The investigation
may include:
• (1) a visit to the child's home, unless the alleged abuse or neglect can be
confirmed or clearly ruled out without a home visit; and
• (2) an interview with and examination of the subject child, which may
include a medical, psychological, or psychiatric examination.
• (b) The interview with and examination of the child may:
• (1) be conducted at any reasonable time and place, including the child's
home or the child's school;
• (2) include the presence of persons the department determines are
necessary; and
• (3) include transporting the child for purposes relating to the interview or
investigation.
5. Texas Family Code Cont
• b-1) Before the department may transport a child as provided by Subsection (b)(3), the department shall attempt to notify the parent or
other person having custody of the child of the transport.
• (c) The investigation may include an interview with the child's parents and an interview with and medical, psychological, or psychiatric
examination of any child in the home.
• (d) If, before an investigation is completed, the investigating agency believes that the immediate removal of a child from the child's home
is necessary to protect the child from further abuse or neglect, the investigating agency shall file a petition or take other action under
Chapter 262 to provide for the temporary care and protection of the child.
• (e) An interview with a child in which the allegations of the current investigation are discussed and that is conducted by the department
during the investigation stage shall be audiotaped or videotaped unless:
• (1) the recording equipment malfunctions and the malfunction is not the result of a failure to maintain the equipment or bring adequate
supplies for the equipment;
• (2) the child is unwilling to allow the interview to be recorded after the department makes a reasonable effort consistent with the child's
age and development and the circumstances of the case to convince the child to allow the recording; or
• (3) due to circumstances that could not have been reasonably foreseen or prevented by the department, the department does not have
the necessary recording equipment because the department employee conducting the interview does not ordinarily conduct interviews.
• (e-1) An interview with a child alleged to be a victim of physical abuse or sexual abuse conducted by an investigating agency other than
the department shall be audiotaped or videotaped unless the investigating agency determines that good cause exists for not audiotaping
or videotaping the interview in accordance with rules of the agency. Good cause may include, but is not limited to, such considerations as
the age of the child and the nature and seriousness of the allegations under investigation. Nothing in this subsection shall be construed
as prohibiting the investigating agency from audiotaping or videotaping an interview of a child on any case for which such audiotaping or
videotaping is not required under this subsection. The fact that the investigating agency failed to audiotape or videotape an interview is
admissible at the trial of the offense that is the subject of the interview.
• (f) A person commits an offense if the person is notified of the time of the transport of a child by the department and the location from
which the transport is initiated and the person is present at the location when the transport is initiated and attempts to interfere with the
department's investigation. An offense under this subsection is a Class B misdemeanor. It is an exception to the application of this
subsection that the department requested the person to be present at the site of the transport.
6. Texas Family Code
• Sec. 261.111. REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICALÂ
TREATMENTÂ OFÂ CHILD.
• (a) In this section, "psychotropic medication" has the meaning assigned by
Section 266.001.
• (b) The refusal of a parent, guardian, or managing or possessory
conservator of a child to administer or consent to the administration of a
psychotropic medication to the child, or to consent to any other psychiatric
or psychological treatment of the child, does not by itself constitute neglect
of the child unless the refusal to consent:
• (1) presents a substantial risk of death, disfigurement, or bodily injury to the
child; or
• (2) has resulted in an observable and material impairment to the growth,
development, or functioning of the child.
7. Texas Family Code
• Sec. 261.303.  INTERFERENCE WITH INVESTIGATION;  COURT ORDER. (a) A person may not interfere with
an investigation of a report of child abuse or neglect conducted by the department.
• (b) If admission to the home, school, or any place where the child may be cannot be obtained, then for good
cause shown the court having family law jurisdiction shall order the parent, the person responsible for the care of
the children, or the person in charge of any place where the child may be to allow entrance for the interview,
examination, and investigation.
• (c) If a parent or person responsible for the child's care does not consent to release of the child's prior medical,
psychological, or psychiatric records or to a medical, psychological, or psychiatric examination of the child that is
requested by the department, the court having family law jurisdiction shall, for good cause shown, order the
records to be released or the examination to be made at the times and places designated by the court.
• (d) A person, including a medical facility, that makes a report under Subchapter B shall release to theÂ
department, as part of the required report under Section 261.103, records that directly relate to theÂ
suspected abuse or neglect without requiring parental consent or a court order.  If a child is transferredÂ
from a reporting medical facility to another medical facility to treat the injury or condition that formed theÂ
basis for the original report, the transferee medical facility shall, at the department's request, release toÂ
the department records relating to the injury or condition without requiring parental consent or a courtÂ
order.
• (e) A person, including a utility company, that has confidential locating or identifying information regarding a
family that is the subject of an investigation under this chapter shall release that information to the department on
request. The release of information to the department as required by this subsection by a person, including a
utility company, is not subject to Section 552.352, Government Code, or any other law providing liability for the
release of confidential information.
8. Texas Family Code
• Sec. 261.316. EXEMPTION FROM FEES FOR MEDICALÂ
RECORDS. The department is exempt from the payment of a fee
otherwise required or authorized by law to obtain a medical record
from a hospital or health care provider if the request for a record is
made in the course of an investigation by the department.
9. The Report
• Reporting suspected abuse/neglect
– Call State Wide Intake @ 1-800-252-5400
– E- Report @ www.txabusehotline.org
– List of details
• Name
• Age
• Location/contact information
• Suspected abuse/neglect
ALWAYSÂ CALLÂ 911Â INÂ CASEÂ OFÂ
EMERGENCYÂ
10. FY 2015 Most Common…
• Person reporting abuse/neglect
• School Professional (19.5%)
• Medical Professional (17.5%)
• Law Enforcement (16.0%)
• Allegation confirmed
• Neglectful Supervision (69.0%)
• Confirmed perpetrator of abuse/neglect
• Relationship: Parent (79%)
• Gender: Female (56%)
• Age: Age 26-35 (42%)
• Characteristic of confirmed victim
• Age: Age 1 to 3 (22%)
• Gender: Female (51%)
Source – DFPS 2014/2015 Data Books
12. What does CPS Investigate
1- Physical Abuse
2- Sexual Abuse
3- Emotional Abuse
4- Physical Neglect
5- Medical Neglect
6- Neglectful Supervision
7- Abandonment
8- Refusal Parents Responsibility
9- Sex Trafficking
10- Labor Trafficking
13. Investigation Initiation Time Frames
CPS Investigation Report Priorities
– Priority 1: 24 hour contact
– Priority 2: 72 hour contact
Priority I Reports: include all reports of children who appear to face an
immediate risk of abuse or neglect that could result in death or serious harm.
Investigations of these reports must start within 24 hours of receiving the call
report.
Priority II Reports: include all reports of abuse or neglect that are not assigned
as Priority I. These investigations must start within 72 hours of receiving the
report.
Some reports do not meet the legal definition of abuse or neglect, as defined in
the Texas Family Code, and are not assigned a priority or investigated.
14. CPS Investigations
• CPS conducts a civil investigation not criminal
(preponderance of the evidence)
• Law requires a joint investigation with Law Enforcement in
certain situations
• All reports must be referred to the appropriate law
enforcement agency for possible criminal prosecution.
• During the 78th Regular Session, the Texas Legislature
passed Senate Bill 669, requiring law enforcement to
accompany CPS caseworkers when responding to Priority 1
reports of abuse/neglect that involve children who appear to
face immediate risk of physical or sexual abuse.
15. CPS Terms
• Reason to believe: Abuse or neglect occurred based on a preponderance
of the evidence. This means when all evidence is weighed, it is more likely
than not that abuse or neglect occurred.
• Ruled out: Staff determines that it is reasonable to conclude that the abuse
or neglect has not occurred based on the information that is available.
• Unable to Complete: The investigation cannot be concluded. This is
usually because the family could not be located to begin the investigation or
the family was contacted but later moved and could not be located to
complete the investigation or the family refused to cooperate with the
investigation. CPS policy outlines several actions that the caseworker must
complete to make this disposition.
• Unable to determine: CPS concludes that none of the dispositions above
is appropriate.
• Administrative closure: CPS intervention is unwarranted based on
information that comes to light after the case is assigned for investigation.
16. What Happens in an Investigation
• Child interviewed
• LE or Medical Staff contacted as needed
• Parents and collaterals interviewed
• Investigation conclusion
– Ruled out
– Opened for FBSS Services
– Court ordered removal – case to CVS
• Reunification
• Termination
• PMC
17. Investigation Contacts
• CPS Investigator will:
– Contact the:
• Reporter (person making the report)
• Parents / Guardians
• Collateral Witness
• Medical Staff
• Teacher/School Staff
• Law Enforcement
• Children's Advocacy Center
18. Investigation Do’s
• Believe in the child (Outcry Statement)
• Call 911 in case of immediate harm,
emergency or medical need
• Make an intake call to SWI 1-800-252-
5400 or www.txabusehotline.org
• Follow up with SWI or caseworker if
additional information becomes available
19. Investigation Don'ts
• Don't conduct your own investigation
• Don’t confront the parents/caregivers
• Don’t assume someone else will report
• Don’t call asking for a case update
– We can only give case info to the parents
– You will get a letter confirming report made
– You will get a case closure letter
20. Physical Abuse
Commission:
• Physical injury that results in substantial harm to the
child, or the genuine threat of substantial harm from
physical injury to the child, including an injury that is at
variance with the history or explanation given and
excluding accident or reasonable discipline by a
caregiver that does not expose the child to substantial
harm.
Omission:
• Failure to make reasonable effort to prevent an action by
another person that results in physical injury that results
in substantial harm to the child.
21. Physical Abuse
Controlled Substance:
• Current use by a person or a controlled substance in a
manner or to the extent that the use results in physical,
mental, or emotional injury to a child.
• Causing, expressly permitting or encouraging a child to
use a controlled substance.
24. Indicators of Physical Abuse
• Dislocations of shoulder or hip sockets possibly caused
by pulling
• Evidence of repeated injuries – bruises – cuts- scrapes
• Internal injuries
• Reluctance to sit down
• Wearing long sleeves, in hot weather
25. Indicators of Physical Abuse
Fractures:
• Skull, jaw or nose fractures
• Spiral fractures of the long arm or leg bones
• Multiple fractures
• Fractures in various stages of healing
• Any fracture in a child under two
Head Injuries:
• Absence of hair in patches due to pulling
• Subdural hematomas as revealed by a CT scan
26. Indicators of Physical Abuse
Lacerations, Abrasions:
• To mouth, lip, gums, eyes, ears, hands, fingers
• To external genitalia
• Human bite marks anywhere
• Dislocations of shoulder or hip sockets possibly caused
by pulling
• Evidence of repeated injuries – burses – cuts- scrapes
• Internal injuries
• Reluctance to sit down
• Wearing long sleeves, in hot weather
27. Indicators of Physical Abuse
Bruises or welts:
• On face, lips, mouth or large areas of the body such as
back, buttocks or thighs
• In various stages of healing
• In unusual patterns, clustered or reflective of the
instrument used
Burns:
• Cigar or cigarette burns
• Glove or sock-like burns or doughnut shaped burns on
buttocks and/or genitalia indicative of immersion in hot
liquid
• Rope burns on arms, legs, neck or torso
• Patterned burns that show the shape of the item used
28. Children Most Likely to be Abused
• Children with special needs (physical handicap
or mentally challenged)
• Premature infants (due to lack of parent/child
bonding because of hospital stay following birth)
• Unwanted children, step-children
• Children with emotional problems
• Children who are not verbal
29. Sexual Abuse
• Sexual conduct harmful to a child’s mental, emotional, or physical
welfare, including conduct that constitutes the offense of indecency
with a child under Section 21.11, Penal Code, sexual assault under
Section 22.011, Penal Code, or aggravated sexual assault under
Section 22.021, Penal Code.
• Failure to make a reasonable effort to prevent sexual conduct
harmful to a child.
• Compelling or encouraging the child to engage in sexual conduct as
defined by Section 43.01, Penal Code.
• Causing, permitting, encouraging, engaging in, or allowing the
photographing, filming, or depicting of the child if the person knew or
should have known that the resulting photograph, film, or depiction
of the child is obscene as defined by Section 43.21, Penal Code, or
pornographic.
30. Indicators of Sexual Abuse
• Poor personal hygiene
• Sudden weight gain or extreme weight loss
• Trauma to the breasts, buttocks, lower abdomen, thighs,
genitals or rectal area
• Has torn, stained or bloody underclothing
• Has semen around mouth, genitalia or on clothing
• Has difficulty or pain upon sitting down or walking
• Pain when going to the bathroom
31. Indicators of Sexual Abuse
• A sexually transmitted disease
• Recurrent vaginal infections in a child under 12
• Symptoms of soreness, bleeding or discharge from the
vaginal area
• Severe psychosomatic symptoms
• Emotional disturbances
• Difficulty with bowel and bladder control
• Delayed onset of menstruation or other menstrual
difficulties
• Frequent headaches, stomach aches, apparent over-
exaggeration of minor illnesses
• Pregnancy, especially in early teen years
32. Emotional Abuse
• Mental or emotional injury to a child that results in an
observable and material impairment in the child’s growth,
development, or psychological functioning.
• Causing or permitting the child to be in a situation in
which the child sustains a mental or emotional injury that
results in an observable and material impairment in the
child’s growth, development, or psychological
functioning.
33. Emotional Maltreatment Indicators
• Facial expression and body carriage may reveal feelings
of sadness, lack of confidence, timidity, confusion,
discouragement, and anger
• Psychosomatic complaints
• Failure to thrive with no organic cause
• Child may not look sick
34. Types of Neglect
Neglectful Supervision
The act (commission or omission) by a person,
placing a child in or failing to remove a child from a
situation that a reasonable person would realize requires
judgment or actions beyond the child’s level of maturity,
physical condition, or mental abilities and that results in
bodily injury or a substantial risk or immediate harm to the
child.
The act (commission or omission) by a person
placing a child in or failing to remove the child from a
situation in which the child would be exposed to a
substantial risk of sexual conduct harmful to the child.
35. Types of Neglect
Physical Neglect
The act (commission or omission) by a person who
fails to provide a child with food, clothing, or shelter
necessary to sustain life or health of the child,
excluding a failure caused primarily by financial inability
unless relief services had been offered and refused.
36. Types of Neglect
Refusing to Accept Parental Responsibility
The failure by the person responsible for a child’s care,
custody, or welfare to permit the child to return to the
child’s home without arranging for the necessary care for
the child after the child has been absent from the home
for any reason, including having been in residential
placement or having run away.
37. Types of Neglect
Abandonment
Leaving a child in a situation where the child would be
exposed to substantial risk of physical or mental harm
without arranging for necessary care for the child and the
demonstration of intent not to return by a caregiver.
38. Types of Neglect
Medical Neglect
The act (commission or omission) by a person,
failing to seek, obtain, or follow through with medical care
for a child, with the failure in or presenting a substantial risk
of death, disfigurement, or bodily injury with failure resulting
in observable impairment to the growth, development, or
functioning of the child.
39. Indicators of Neglect
• Malnourished
• Tired, lethargic
• Unattended for long periods of time
• Dirty bottles, old formula
• Developmental delays
• Pale, pasty appearance and lack of muscle tone
• Odors, body and hair dirty
40. Indicators of Neglect Cont.
• Lack of medical care
• Excessive absences/tardiness at school
• Untreated cuts, sores or illnesses
• Failure to thrive
• Dehydration
• Poor dental care
• Lice infested, skin shows signs of impetigo or other
infections
41. Labor Trafficking
Labor trafficking is characterized as:
•knowingly causing, permitting, encouraging, engaging in, or allowing a child to be
trafficked in a manner punishable as an offense under §20A.02 (a)(5) or (6), Penal
Code, or the failure to make a reasonable effort to prevent a child from being
trafficked in a manner punishable as an offense under any of these sections. Texas
Family Code §261.001(1)(L)
According to the Penal Code:
•(a) A person commits an offense if the person knowingly:
•(5) traffics a child with the intent that the trafficked child engage in forced labor or
services; or
•(6) receives a benefit from participating in a venture that involves an activity
described by Subdivision (5), including by receiving labor or services the person
knows are forced labor or services. Penal Code §20A.02(a)(5) and (6)
•“Forced labor or services” means labor or services, other than labor or services
that constitute sexual conduct, that are performed or provided by another person,
and obtained through an actor’s use of force, fraud, or coercion. Penal Code
§20A.01(2)
42. Labor Trafficking
Labor trafficking does not include normal contributions to family and community
life in light of prevailing community standards, such as:
• performing chores inside and outside of the home;
• being required to work in the family business without pay;
• working in agriculture or farming as part of the family’s business or means of
earning a living; or
•other forms of labor or services specified under Labor Code §51.003
Per Texas Family Code §151.001(5), a parent of a child has the right to “the
services and earnings of the child.” CPS recognizes a parent’s reasonable
requirements for a child to perform chores or work, and to determine
appropriate recompense to the child for the services; this does not constitute
forced labor or services.
Work or services provided in these situations should be appropriate to the
child’s age and not result in substantial harm from physical injury or genuine
threat of substantial harm from physical injury.
43. Alleged Perpetrators of Labor Trafficking
A person may be designated an alleged perpetrator of labor trafficking when the
person is traditionally responsible for a child’s care, custody, or welfare. This
includes:
• a parent, guardian, or managing or possessory conservator of the child;
• a member of the child’s family or the child’s family’s household;
• a person with whom the child’s parent cohabits; or
• school personnel or volunteers at the child’s school.
A “member of the child’s family or the child’s family’s household” includes the
following individuals:
• a parent or relative;
• an unrelated person who is legally responsible for the child;
• an unrelated person, who is not legally responsible for the child, with whom a
parent or legally responsible person or entity, such as CPS or a court, placed the
child; or
• an unrelated person who is at least 10 years old and resides elsewhere or
whose place of residence cannot be determined, and either has regular free access
to the household or when in the household dwelling takes care of or assumes
responsibility for children in the household. (See 40 TAC Section 700.501(7)
44. Sex Trafficking
Sex trafficking is characterized as:
Compelling or encouraging the child to engage in sexual conduct
as defined by Section 43.01, Penal Code, including conduct that
constitutes an offense of trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code, prostitution or compelling
prostitution, and Knowingly causing, permitting,
encouraging, engaging in, or allowing a child to be
trafficked in a manner punishable as an offense under
§20A.02(a)(7) or (8), Penal Code, or the failure to make a
reasonable effort to prevent a child from being trafficked in a
manner punishable as an offense under any of these sections.
Texas Family Code §261.001(1) (G) and (L)
45. Sex Trafficking
• According to the Texas Penal Code:
• (a) A person commits an offense if the person knowingly:
• (7) Traffics a child and by any means causes the trafficked child to engage in, or become the
victim of, conduct prohibited by:
• Section 21.02 Continuous Sexual Abuse of Young Child or Children
• Section 21.11 Indecency with a Child
• Section 22.011 Sexual Assault
• Section 22.021 Aggravated Sexual Assault
• Section 43.02 Prostitution
• Section 43.03 Promotion of Prostitution
• Section 43.04 Aggravated Promotion of Prostitution
• Section 43.05 Compelling Prostitution
• Section 43.25 Sexual Performance by a Child
• Section 43.251 Employment Harmful to Children [sexually oriented commercial activity]
• Section 43.26 Possession or Promotion of Child Pornography; or (8) Receives a benefit from
participating in a venture that involves an activity described by subdivision (7) or engages in
sexual conduct with a child trafficked in the manner described in subdivision (7).
46. Sex Trafficking
Sex trafficking does not require force, fraud, or coercion and can be determined to have
occurred even if it appears that the child is in agreement with the conduct or the child
does not consider herself or himself to be a victim of sex trafficking.
SWI assesses an intake for CPS with an allegation of sex trafficking under the Texas
Family Code when any component of (1) or (2) apply:
(1) The actions of a parent or other person traditionally responsible for a child meet the
core elements of sex trafficking when he or she:
• knowingly provides the child to others, obtains the child for oneself, or allows the child
to engage in or become the victim of any of the offenses listed in Penal Code 20A
• maintains control over the child and makes the child believe that he or she has no
other choice but to continue engaging in the offenses listed in Penal Code Subsection
20A , resulting in a pervasive loss of freedom for the child; or
• receives a monetary or nonmonetary benefit as a result of the child participating in
any of the offenses listed in Penal Code Subsection 20A.02 Benefits can include but are
not limited to: sexual services, currency, drugs, etc.
(2) A parent or other person traditionally responsible for a child fails to make a
reasonable effort to prevent a child from being sex trafficked as described above.
47. A/N Preventative Measures
• Do not abuse alcohol or drink excessively
• Do not abuse your spouse or partner or act violently or
aggressively
• Learn ways to manage parental frustration
• Refrain from screaming, name calling, cussing or
displaying other means of emotional maltreatment
• Teach your child about personal boundaries regarding
their bodies, privacy around the home, proper terms for
body parts, and what to do if they are touched
• Develop a support system (including family, friends,
community resources)
• Be involved with your child
48. A/N Preventative Measures
• Supervise your child appropriately (depending on age,
maturity level, developmental level)
• Use non-physical means of discipline (timeout, taking
away privileges, extra chores, be consistent)
• Have a regular routine/structure for your child
• Take your child to the doctor for annual checkups and as
needed for illnesses/emergencies
• Refrain from using illegal drugs, especially during
pregnancy
• Take prescription medication as directed
• Practice safety around the home
49. Adult Indicators
• Substance abuse (both legal and illegal)
• Young parents
• Stress in family
• Domestic violence
• Lack of parenting skills
• Lack of impulse control/low frustration level
• Difficulty controlling anger
• Lack of social/emotional support
• Unrealistic expectations
• Marital, financial trouble
• Little concern for child’s problems
• Abused as a child
• Mental health disorder
• Having a criminal history
51. Adult Protective Services
Adult Protective Services responsibilities
include:
•Investigating reports of abuse, neglect, and
exploitation of adults who are elderly or have
disabilities. (18 to 64 yrs of age)
•Conducting in-home investigations and providing
or arranging for services.
•Investigating allegations at facilities.
•Same hotline contact information for all of DFPS
52. Trauma Informed Care Training
• The Department of Family and Protective Services (DFPS)
recognizes the long-term effects of adverse childhood experiences
such as child abuse and neglect. The need to address trauma is
increasingly viewed as an important component of effective service
delivery. The impact of trauma is experienced by children, families,
caregivers, and the social service providers who serve them.
• DFPS is providing this training opportunity to assist families,
caregivers and other social service providers in fostering greater
understanding of trauma informed care and child traumatic stress.
We hope this will help you understand the effects that trauma can
have on child development, behaviors, and functioning, as well as
recognize, prevent and cope with compassion fatigue.
53. Baby Moses
• A child is left with a medical
professional after a parent has
made a clear statement of
intent to relinquish the child to
the states care
•Child is under 60 days old and
there is no abuse/ neglect
•Designed site: Hospital/
emergency medical care
facility, Fire Station with an on
duty paramedic or a CPA with
an RN on duty willing to accept
the child
•Parent identity is kept
confidential
54. Safe Haven - Baby Moses
• Texas Family Code 262.302 defines a Baby Moses case as one involving
an infant, who appears to be 60 days old or younger who is voluntarily
delivered to a Designated Emergency Infant Care Provider (DEIC) by the
child’s parent who does not express an intent to return for the child. Parents
who voluntarily deliver a child to a DEIC as described in TFC 262.302 may
remain anonymous and are protected from prosecution for abandonment or
endangering a child under Texas Penal Code 22.041(h).
• Designated Emergency Infant Care Provider A DEIC taking possession
of a child may not detain or pursue the parent if the child appears to be free
from abuse or neglect. The DEIC must notify DFPS who will then assume
care, control and custody of the child.
• DFPS Immediately after assuming custody of the child DFPS must report
the child to the appropriate law enforcement agency as a potential missing
child.
• Law Enforcement A law enforcement agency that receives a report in a
Baby Moses case shall investigate whether the child is reported as missing