Tex. Fam. Code Section 261.307
Information Relating to Investigation Procedure and Child Placement Resources


(a)

After initiating an investigation of a parent or other person having legal custody of a child, the department shall, upon first contact with the parent or with the alleged perpetrator, provide to the person:

(1)

a written summary that:

(A)

is brief and easily understood;

(B)

is written in a language that the person understands, or if the person is illiterate, is read to the person in a language that the person understands; and

(C)

contains the following information:
(i)
the department’s procedures for conducting an investigation of alleged child abuse or neglect, including:
(a)
a description of the circumstances under which the department would request to remove the child from the home through the judicial system;
(b)
an explanation that the law requires the department to refer all reports of alleged child abuse or neglect to a law enforcement agency for a separate determination of whether a criminal violation occurred; and
(c)
an explanation that any statement or admission made by the person to anyone may be used against the person in a criminal case, as a basis to remove the child who is the subject of the investigation or any other child from the person’s care, custody, and control either temporarily or permanently, or as a basis to terminate the person’s relationship with the child who is the subject of the investigation or any other child;
(ii)
the person’s right to file a complaint with the department or to request a review of the findings made by the department in the investigation;
(iii)
the person’s right to review all records of the investigation unless the review would jeopardize an ongoing criminal investigation or the child’s safety;
(iv)
the person’s right to seek legal counsel;
(v)
references to the statutory and regulatory provisions governing child abuse and neglect and how the person may obtain copies of those provisions;
(vi)
the process the person may use to acquire access to the child if the child is removed from the home;
(vii)
the rights listed under Subdivision (2); and
(viii)
the known allegations the department is investigating;

(2)

a verbal notification of the right to:

(A)

not speak with any agent of the department without legal counsel present;

(B)

receive assistance from an attorney;

(C)

have a court-appointed attorney if:
(i)
the person is indigent;
(ii)
the person is the parent of the child; and
(iii)
the department seeks a court order in a suit filed under Section 262.101 (Filing Petition Before Taking Possession of Child) or 262.105 (Filing Petition After Taking Possession of Child in Emergency) or a court order requiring the person to participate in services under Section 264.203 (Required Participation);

(D)

record any interaction or interview subject to the understanding that the recording may be subject to disclosure to the department, law enforcement, or another party under a court order;

(E)

refuse to allow the investigator to enter the home or interview the child without a court order;

(F)

have legal counsel present before allowing the investigator to enter the home or interview the child;

(G)

withhold consent to the release of any medical or mental health records;

(H)

withhold consent to any medical or psychological examination of the child;

(I)

refuse to submit to a drug test; and

(J)

consult with legal counsel prior to agreeing to any proposed voluntary safety plan;

(3)

if the department determines that removal of the child may be warranted, a proposed child placement resources form that:

(A)

instructs the parent or other person having legal custody of the child to:
(i)
complete and return the form to the department or agency;
(ii)
identify in the form at least three individuals who could be relative caregivers or designated caregivers, as those terms are defined by Section 264.751 (Definitions);
(iii)
ask the child in a developmentally appropriate manner to identify any adult, particularly an adult residing in the child’s community, who could be a relative caregiver or designated caregiver for the child; and
(iv)
list on the form the name of each individual identified by the child as a potential relative caregiver or designated caregiver; and

(B)

informs the parent or other person of a location that is available to the parent or other person to submit the information in the form 24 hours a day either in person or by facsimile machine or e-mail; and

(4)

an informational manual required by Section 261.3071 (Informational Manuals).

(b)

The child placement resources form described by Subsection (a)(3) must include information on the periods of time by which the department must complete a background check.

(c)

The department investigator shall document that the investigator provided the verbal notification required by Subsection (a)(2).

(c)

Before taking any action under Section 261.304 (Investigation of Anonymous Report), a department representative must provide to a parent or other person having legal custody of a child who is under investigation:

(1)

information regarding the representative’s identity;

(2)

the summary described by Subsection (a)(1); and

(3)

a reasonable amount of time to read or review the summary.

(d)

The department shall adopt a form for the purpose of verifying that the parent or other person having legal custody of the child received the verbal notification and written summary required by this section. The department shall provide a true and correct copy of the signed form to the person who is the subject of the investigation or that person’s attorney, if represented by an attorney.

(e)

If a person who is the subject of an investigation does not receive the verbal notification and written summary required by this section, any information obtained from the person, and any other information that would not have been discovered without that information, is not admissible for use against the person in any civil proceeding.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.25(a), eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 4, eff. June 14, 2019.
Acts 2023, 88th Leg., R.S., Ch. 381 (H.B. 63), Sec. 4, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 3, eff. September 1, 2023.

Source: Section 261.307 — Information Relating to Investigation Procedure and Child Placement Resources, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­261.­htm#261.­307 (accessed Jun. 5, 2024).

261.001
Definitions
261.002
Central Registry
261.003
Application to Students in School for Deaf or School for Blind and Visually Impaired
261.004
Tracking of Recurrence of Child Abuse or Neglect Reports
261.005
Reference to Executive Commissioner or Commission
261.101
Persons Required to Report
261.102
Matters to Be Reported
261.103
Report Made to Appropriate Agency
261.104
Contents of Report
261.105
Referral of Report by Department or Law Enforcement
261.106
Immunities
261.107
False Report
261.108
Frivolous Claims Against Person Reporting
261.109
Failure to Report
261.110
Employer Retaliation Prohibited
261.111
Refusal of Psychiatric or Psychological Treatment of Child
261.201
Confidentiality and Disclosure of Information
261.202
Privileged Communication
261.203
Information Relating to Child Fatality
261.204
Annual Child Fatality Report
261.301
Investigation of Report
261.302
Conduct of Investigation
261.303
Interference with Investigation
261.304
Investigation of Anonymous Report
261.305
Access to Mental Health Records
261.306
Removal of Child from State
261.307
Information Relating to Investigation Procedure and Child Placement Resources
261.308
Submission of Investigation Report
261.309
Review of Department Investigations
261.310
Investigation Standards
261.311
Notice of Report
261.312
Review Teams
261.314
Testing
261.315
Removal of Certain Investigation Information from Records
261.316
Exemption from Fees for Medical Records
261.401
Agency Investigation
261.402
Investigative Reports
261.403
Complaints
261.404
Investigations Regarding Certain Children Receiving Services from Certain Providers
261.405
Investigations in Juvenile Justice Programs and Facilities
261.406
Investigations in Schools
261.407
Minimum Standards
261.408
Information Collection
261.409
Investigations in Facilities Under Texas Juvenile Justice Department Jurisdiction
261.410
Report of Abuse by Other Children
261.501
Filing Application for Protective Order in Certain Cases of Abuse or Neglect
261.502
Certification of Findings
261.503
Temporary Ex Parte Order
261.504
Required Findings
261.505
Application of Other Law
261.1055
Notification of District Attorneys
261.3011
Joint Investigation Guidelines and Training
261.3013
Case Closure Agreements Prohibited
261.3015
Alternative Response System
261.3016
Training of Personnel Receiving Reports of Abuse and Neglect
261.3017
Consultation with Physician Networks and Systems Regarding Certain Medical Conditions
261.3018
Abbreviated Investigation and Administrative Closure of Certain Cases
261.3021
Casework Documentation and Management
261.3022
Child Safety Check Alert List
261.3023
Law Enforcement Response to Child Safety Check Alert
261.3024
Removal from Child Safety Check Alert List
261.3027
Notice of Right to Record Interview
261.3031
Failure to Cooperate with Investigation
261.3032
Interference with Investigation
261.3071
Informational Manuals
261.3081
Notice Regarding Changes Made by Department to Investigation Report
261.3091
Notice of Right to Request Administrative Review
261.3105
Training Program for Persons Investigating Suspected Child Abuse or Neglect
261.3125
Child Safety Specialists
261.3126
Colocation of Investigators
261.30175
Mitigation of Provider Conflicts in Abuse or Neglect Investigation Consultations

Accessed:
Jun. 5, 2024

§ 261.307’s source at texas​.gov