1. CPS (DFPS) Overview: Reporting Requirements, Student Interview Protocol, and More
March 24, 2016

2. To Report or Not Report … that is a very important question
If you have cause to believe that abuse or neglect of a child has occurred or may occur, you must report.
Cause to Believe It
Report It

3. Everyone is Required to Report
Generally, a person having cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by a person shall immediately make a report as provided by [the Family Code].” Texas Family Code § (a).
A report should reflect the reporter’s belief that a child has been or may be abused or neglected or has died of abuse or neglect. Texas Family Code §

4. You Have a Heightened Duty to Report
A professional who has cause to believe that a child has been abused or neglected is required by law to report the abuse or neglect within 48 hours of becoming aware of the incident. The professional cannot delegate to or rely on another person to make the report.
Texas Family Code § (b)
“Professional" includes any school employee who is in some way licensed or certified by the state, including principals, teachers, nurses, counselors, diagnosticians, certified teacher aides, etc.

5. 2013 Legislation: SB 152 Protection and Care of Children
Requires a person or professional to report that an adult was abused or neglected as a child if the person thinks that the disclosure of such information is necessary to protect the health and safety of another child, or an elderly or disabled person.

6. Where to Report Reports shall be made to:
any local or state law enforcement agency;
the Department of Family and Protective Services
the state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred; or
the agency designated by the court to be responsible for the protection of children. TEC §

7. Where to Report
Call 911 in an emergency (child is in immediate danger)
Call (Texas Department of Family and Protective Services 24/7 intake hotline)
In non-urgent situations, go to
Internet Reporting System is not recommended for:
Injuries to a child 5 or under
Serious injuries to any child
Immediate need for medical care
Sexual abuse where perpetrator has access or will have access to child in 24 hours
Children 5 and under who are alone or are likely to be left alone in the next 24 hours
Any situation which would require a response in less than 24 hours.

8. Information to Provide When Making a Report
When making a report of suspected child abuse or neglect, provide all pertinent information about the suspected abuse and locating information.
You do not need to worry about violating FERPA when making a report in good faith.
A person making a report of suspected abuse or neglect must release to the department or designated agency, as part of the required report, records that directly relate to the suspected abuse or neglect without requiring parental consent or a court order. Texas Family Code §

9. Information to Provide When Making a Report
Household members: All known members living in the child’s home, including other known children
Alleged Perpetrator(s)
Collaterals: Other people who may have information about the situation

10. Information to Provide When Making a Report
Family Demographics: name, date of birth, marital status, home address, cell phone, place of work, special needs
Provide objective details – stick to the facts; avoid opinion statements
Provide as much detailed information as possible
What occurred that led you to suspect abuse, type of abuse
Specific details (What type of injuries, how many, fresh or healing, what shape) (“They drink.” vs “Every other day they drink 8-10 drinks.”)

11. Failure to Report Abuse or Neglect of a Child
A person commits an offense if he or she knowingly fails to make a required report about the abuse or neglect of a child.
A professional commits an offense by failing to make a required report of child abuse or neglect.
Failure to report may result in civil or criminal liability.
An offense is a Class A misdemeanor.

12. Sticky Situations To Report or Not To Report?
Parents inform campus officials that they suspect sexual abuse of their child, are taking the child to counseling, etc.
A student aged 13 or younger is engaging in consensual sexual activity OR a year old is engaging in consensual sexual activity with a person more than three years older.
= Report
= Report

13. Sticky Situations To Report or Not To Report?
A student tells you that they are the victim of abuse. You see bruises, but know the family and don’t really believe that what the student said is true.
You have seen potential evidence of abuse and suspect that a child is being abused, but know that the child’s teacher made a report.
= Report
= Report

14. To Report or Not Report … that is a very important question
When in doubt, report. (If it’s enough to make you wonder, then it is safer for all involved to err on the side of caution and report.)
Your duty to report is broader than the duty of CPS to investigate.
Cause to Believe It
Report It

15. CPS (DFPS) wants to interview a student.
What do you do? Where can you find NISD’s procedures?

16. GRA
Legal
Local
Regulation
Exhibits

18. GRA (REGULATION) – Questioning of a Student
Verify the legitimacy of the agent by asking for identification. Record the agent’s name, badge/ID number, agency, supervisor’s name, phone number, and the phone number of the agency’s main office or regional office on Exhibit A. Verify the number by checking with directory information. Additional identifications may also be provided i.e. business card.

19. GRA (REGULATION) (EXHIBIT A)

20. GRA (REGULATION) – Questioning of a Student
Make a copy of the badge/ID and staple to Exhibit A.
Call the main phone number of the agency to verify that the person is an agent of the stated governmental agency.
Notify the Superintendent’s office.
The agent (Texas Department of Protective and Regulatory Services representative or law enforcement officer) shall be approved by the principal or designee following the verification and recording of identification.
Step 3:
Who to call – call the numbers provided on the form; look up the number for the regional office online and talk to the main operator.
Be careful to explain that you are calling from a school and that it is part of our protocol to ensure that the caseworker is indeed with DFPS – you are not verifying employment for the purpose of credit, financing, etc. (If all else fails, simply ask for the person’s phone number or extension.)
Step 5:
If the principal designates someone who is not an administrator (office manager, front office staff member, etc.) to verify identification and approve the visit, be certain that the designee alerts the principal (or other campus administrator) that a caseworker is interviewing a student in case an upset parent calls later.

21. GRA (REGULATION) – Questioning of a Student
The principal shall request that a student not be questioned by a law enforcement agent without the principal or designee being present. In cases when the Texas Department of Family and Protective Services, formerly known as Children’s Protective Services, or law enforcement officer is questioning a student, they may choose to question the student alone. The agent must sign and check the appropriate box or boxes on Exhibit A if the agent requests to interview the student alone and/or the agent requests that the principal not notify the parent or guardian prior to the interview. (In cases of abuse and/or neglect, the agent is responsible for notifying the parent.) Review FFG (REGULATION) regarding procedures to be followed during cases involving child abuse/neglect.

23. GRA (REGULATION) – Questioning of a Student
The agent must sign and record badge/ID number on Exhibit A.
The principal shall inquire about the possibility of parent(s) being present during the questioning. If the agent is agreeable that the parent(s) be present at the interview, no questioning is to occur until the parent arrives.

25. CPS (DFPS) Removal of a Student
GRA (REGULATION) (EXHIBIT B)

26. GRA (REGULATION) – Taking A Student Into Custody
Verify the legitimacy of the agent or officer by asking for identification. Record the employee number from his or her ID badge, make a copy of the badge, and request the name and phone number of his or her immediate supervisor.
Call the supervisor to verify that the student is to be taken into protective custody.

27. GRA (REGULATION) – Taking A Student Into Custody
Ask the agent why the student is being taken into custody realizing that it may not be possible for the agent to disclose all of the information. If there is concern, contact the agent’s supervisor or program director.
After completing GRA (REG) (EXHIBIT B), have the agent or officer sign the Acknowledgement of Removal of a Student by Legal Authorities.

29. GRA (REGULATION) – Taking A Student Into Custody
The principal or designee will notify the parent prior to removing the student, unless the agent or officer requests that the parent not be notified and the agent or officer has signed the Acknowledgement of Removal of a Student by Legal Authorities and specifies how the parent will be notified.
Notify the Superintendent’s Office.
The agent must be requested to sign the student out in the usual procedure.

31. GRA (REGULATION) – Taking A Student Into Custody
The principal or designee will notify the parent prior to removing the student, unless the agent or officer requests that the parent not be notified and the agent or officer has signed the Acknowledgement of Removal of a Student by Legal Authorities and specifies how the parent will be notified.
Notify the Superintendent’s Office.
The agent must be requested to sign the student out in the usual procedure.

32. Other Uses for GRA Exhibits
Police Investigations
MHMR
Court Appointments (CASA, Guardian Ad Litem, etc.)

33. DFPS Requests for Student Records
DFPS cannot have access to “everything”; student information and records are protected under FERPA
Provide “locating” information upon written request
Provide other educational records under certain circumstances

34. “Locating” Information
We are required to provide “locating” information (Texas Family Code (e.))
Examples: student’s/parent’s phone number (home, work, cell, etc.), address, physical address, the name of the school where the child attends, etc.
Any information that could reasonably be used to locate a child or parent

35. Guidelines for Releasing “Locating” Information to DFPS
Ask the DFPS caseworker to put their request for locating information in writing ( , handwritten letter, formal letter, etc.).
Make a copy of the caseworker’s badge.
Confirm that the caseworker is employed by DFPS (call the main number of the regional office or speak to their supervisor).
Provide the requested information to the caseworker.
Maintain a record of the release of the student’s information in the cum folder for two years. This record should include the following:
Documentation of the release of information – date released, information released, and method (phone call, in person, , etc.)
The original written request
Copy of the caseworker’s badge

36. Release of Non-Locating Information
Written parental permission to release
DFPS has a form
GRA (REGULATION) (Exhibit C)

37. Guidelines for Releasing Information with Parental Consent
Make a copy of the written consent to release from the parent/guardian. (Ensure the form is still in effect – DFPS form often valid for only one year.)
Ask the DFPS caseworker to put their request in writing ( , handwritten letter, formal letter).
Make a copy of the caseworker’s badge.
Confirm that the caseworker is employed by DFPS.
Provide the requested information to the caseworker.
Maintain a record of the release of the student’s information in the cum folder for two years. This record should include the following:
Written parental consent to release document
Documentation of the release of information – date released, information released, and method (phone call, in person, , etc.)
The original written request
Copy of the caseworker’s badge

38. Release of Non-Locating Information
Treat as a Public Information Request if “directory information”
Student’s name, date and place of birth, photograph, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, honors and awards received, enrollment status, grade level, and the most recent previous educational agency or institution attended by the child.
Subpoena
Court Order
Declaration of health or safety emergency

39. Future Changes …
A form for campus principals to authorize release of information to DFPS for health and safety emergencies.

40. Starting Immediately …
DFPS Requests of Staff
Interview/meeting requests
requests
Starting Immediately …
Verify and document health and safety concern.
“Certain information and records are protected under FERPA. However, if there is a health and safety emergency, I would be able to answer your questions. “

41. For More Information
Board Policy FFG – Requirement to report all suspected abuse
Board Policy GRA – Reporting incidents and cooperating with investigations
Texas Family Code, Sec – Legal definitions of abuse and neglect

42. In the end, just remember the best interest of the child is our primary concern.