ED(LEGAL) - RELATIONS WITH OTHER GOVERNMENTAL ENTITIES

Child Abuse and Neglect

Duty to Report

By a Professional

Adult Victims of Abuse

Psychotropic Drug

  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.

Education Code 26.0091

Contents of Report

  1. The name and address of the child;
  2. The name and address of the person responsible for the care, custody, or welfare of the child; and
  3. Any other pertinent information concerning the alleged or suspected abuse or neglect.

Immunity from Liability

To Whom Reported

  1. Any local or state law enforcement agency;
  2. DFPS; and
  3. The state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred.

Juvenile Justice Alternative Education Program

Criminal Offenses

Failure to Report

False Report

Coercion

Confidentiality of Report

SBEC Disciplinary Action

Abuse of Elderly or Persons with Disabilities

Human Resources Code 48.051, 48.052, 48.054

CPS Investigations

Special Investigations

Definitions

  1. School settings involving only children in facilities regulated by the Texas Health and Human Services Commission (HHSC) when HHSC contracts with the ESC to provide education services; or
  2. School settings that are a part of child care operations regulated by the Child Care Licensing division of HHSC.

Notice to School Personnel

No Interference with Investigation

Interviews on School Premises

Presence of School Personnel

  1. The presence of school personnel or volunteers would compromise the integrity of the investigation; or
  2. A better interview or examination of the child would result without school personnel or volunteers being present.

Report of Findings

  1. State Board for Educator Certification;
  2. The president of the local governing body for the school;
  3. The executive director; and
  4. The school principal, unless the principal is the alleged perpetrator.

Missing Children

Duty to Flag Records

Request in Person

  1. Require the person requesting the flagged record to complete a form stating the person's name, address, telephone number, and relationship to the child for whom a request is made, and the name, address, and birth date of the child;
  2. Obtain a copy of the requesting party's driver's license or other photographic identification, if possible;
  3. If the request is for a birth certificate, inform the requesting party that a copy of a certificate will be sent by mail; and
  4. Immediately notify the appropriate law enforcement agency that a request has been made concerning a flagged record and include a physical description of the requesting party, the identity and address of the requesting party, and a copy of the requesting party's driver's license or other photographic identification.

Request in Writing

Removal of Flag

Education Service Center Region 11

ED(LEGAL)-ESCA

UPDATE 27

DATE ISSUED: 6/11/2021