GRA(LEGAL) -

CPS Investigations at School

CPS Investigations of Schools

Notice to Principal

40 TAC 700.407

Interviews

Participants

The presence of school personnel or volunteers would compromise the integrity of the investigation; or

A better interview or examination of the child would result without school personnel or volunteers being present.

Family Code 261.303; 40 TAC 700.409(a)

Report of Findings

40 TAC 700.411(a), (d)

Students Taken into Custody

Pursuant to an order of the juvenile court.

Pursuant to the laws of arrest.

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.

By a probation officer, if there is probable cause to believe the student has violated a condition of probation or a condition of release.

Pursuant to a directive to apprehend issued by a juvenile court.

By a law enforcement officer, to take the child's fingerprints or photograph, as set forth at Family Code 58.0021.

Family Code 52.01(a), 58.0021

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

As otherwise provided by Family Code Chapter 262 (Suit by Governmental Entity to Protect Health and Safety of Child).

Family Code Ch. 262

Students in Custody

Lumberton ISD

GRA(H)-P

UPDATE 91

DATE ISSUED: 10/7/2011