GRA(LEGAL) - RELATIONS WITH GOVERNMENTAL ENTITIES: STATE AND LOCAL GOVERNMENTAL AUTHORITIES

Note: The following legal provisions address the notification requirements and right of access to students when DFPS investigates reports of abuse and neglect at school. For additional legal provisions addressing reporting child abuse and neglect and investigations generally, see FFG.

Child Protective 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 local school district 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 school board;
  3. The superintendent; and
  4. The school principal, unless the principal is the alleged perpetrator.

Students Taken into Custody

  1. Pursuant to an order of the juvenile court.
  2. Pursuant to the laws of arrest.
  3. By a law enforcement officer, including a school district peace officer, if there is probable cause to believe the student has engaged in a criminal violation, delinquent conduct, conduct indicating a need for supervision, or conduct that violates a condition of probation.
  4. By a probation officer, if there is probable cause to believe the student has violated a condition of probation or a condition of release.
  5. Pursuant to a directive to apprehend issued by a juvenile court.
  6. By a law enforcement officer, to take the child's fingerprints or photograph, as set forth at Family Code 58.0021.
  1. By an authorized representative of the DFPS, a law enforcement officer, or a juvenile probation officer under the conditions set out in Family Code 262.104, relating to the student's physical health or safety; or
  2. As otherwise provided by Family Code Chapter 262 (Suit by Governmental Entity to Protect Health and Safety of Child).

Students in Custody

Alvord ISD

GRA(LEGAL)-P

UPDATE 116

DATE ISSUED: 12/16/2020