The Texas CPS Investigation Process, Step by Step (Family Code §§261.301–261.302)

The short answer

A CPS investigation is how the Texas Department of Family and Protective Services (DFPS) checks a report that a parent or other caregiver abused or neglected a child Tex. Fam. Code §261.301(a). It can include interviews, a visit to the home and an exam of the child Tex. Fam. Code §261.302(a). At the end, the caseworker gives each allegation a finding, called a disposition DFPS CPS Handbook §2281. Then DFPS closes the case, refers the family to services, or seeks court action DFPS CPS Handbook §2291.4.

How does a CPS investigation start?

It starts with a report. Generally, a report about a person responsible for a child's care must be made to DFPS Tex. Fam. Code §261.103. Anyone who has reasonable cause to believe a child's health or welfare has been harmed by abuse or neglect must report it right away Tex. Fam. Code §261.101. Professionals, such as teachers, nurses and doctors, must report within 24 hours Tex. Fam. Code §261.101. A DFPS investigation goes forward even if a family court case about the child is already pending Tex. Fam. Code §261.301(a).

Each report gets a priority. The law requires DFPS rules, subject to available funds, to set these response times Tex. Fam. Code §261.301(d):

• Right away if a child would die or suffer substantial bodily harm without immediate action.
• Within 24 hours for other highest-priority reports.
• Within 72 hours for second-priority reports.

The name of the person who made the report is confidential unless that person waives it in writing Tex. Fam. Code §261.101. It can be shared only in limited ways, such as with law enforcement for a criminal investigation Tex. Fam. Code §261.101.

What does CPS do during the investigation?

By law, the main purpose of the investigation is to protect the child Tex. Fam. Code §261.301(d). As needed to protect the child, DFPS must look at what happened and why, who is responsible, the other children in the home, the parents and the home itself Tex. Fam. Code §261.301(e).

Records and history. Within 10 calendar days of intake (when DFPS took in the report), the caseworker must finish the first tasks DFPS CPS Handbook §2230. These include reviewing the DFPS history of everyone in the home DFPS CPS Handbook §2230. If there is enough information, the caseworker also runs criminal history checks, including on adult alleged perpetrators and the adults living in the home DFPS CPS Handbook §2230.

Interviews. DFPS may interview the child at any reasonable time and place, including home or school Tex. Fam. Code §261.302(b). DFPS policy says that at the child's home, or when a parent is present, the caseworker must get the parent's consent first DFPS CPS Handbook §2244.31. It may also interview the parents and examine other children in the home Tex. Fam. Code §261.302(c). Policy says the caseworker must interview every adult living in the home, with limited exceptions DFPS CPS Handbook §2248. DFPS's interview of a child about the allegations must be audio or video recorded, with a few exceptions such as broken equipment Tex. Fam. Code §261.302(e). DFPS must make a reasonable effort to tell each parent within 24 hours that the child was interviewed or examined, and what the allegation is Tex. Fam. Code §261.311. That notice can be skipped if it would likely put the child, the reporter or another participant in danger Tex. Fam. Code §261.311.

Before your interview, the caseworker must give you and go over a written notice of your rights DFPS CPS Handbook §2248.11. See Your Rights When Texas CPS Contacts You (Family Code §261.307).

Home visit. The investigation may include a home visit, unless the allegation can be confirmed or clearly ruled out without one Tex. Fam. Code §261.302(a). Policy requires a visit with photographs in certain cases DFPS CPS Handbook §2250. Examples are when a child in the home is 5 or younger, or when the allegations are about the condition of the home DFPS CPS Handbook §2250.

Before entering a home, a caseworker must have consent, exigent circumstances or a court order DFPS CPS Handbook §2243. Exigent circumstances exist only when the caseworker and supervisor find reasonable cause to believe a child is in imminent danger of physical or sexual abuse, and the entry is to protect the child DFPS CPS Handbook §2243.2. If DFPS cannot get in, it can ask a judge for an order Tex. Fam. Code §261.303(b). See Order in Aid of Investigation: When DFPS Asks a Court for Access (Family Code §261.303).

Law enforcement. Reports of crimes that pose an immediate risk of physical or sexual abuse that could cause a child's death or serious harm are investigated jointly by DFPS and a peace officer Tex. Fam. Code §261.301(f).

How long does a CPS investigation take?

DFPS policy says the caseworker should submit the case for closure within 45 calendar days after intake, or else request an extension DFPS CPS Handbook §2291.5. A supervisor can extend that, but to no later than 90 days after intake DFPS CPS Handbook §2291.5. Going past 90 days needs the program director's written approval DFPS CPS Handbook §2291.5.

What are the possible findings?

Each allegation gets one of five dispositions:

Finding	What it means
Reason to Believe	Based on a preponderance of the evidence, the abuse or neglect happened and the alleged perpetrator is responsible DFPS CPS Handbook §2281.2.
Ruled Out	The information supports a reasonable conclusion that it did not happen, or that it happened but the alleged perpetrator is not responsible DFPS CPS Handbook §2281.3.
Unable to Determine	There is not enough information to decide whether it happened or, if it did, whether the alleged perpetrator is responsible DFPS CPS Handbook §2281.5.
Unable to Complete	After reasonable efforts, DFPS could not locate the family or get the information it needed from them, so it could not reach a finding DFPS CPS Handbook §2281.4.
Administrative Closure	The investigation shows no grounds for Child Protective Investigations (CPI) to keep intervening DFPS CPS Handbook §2281.1.

Unless an exception applies, policy says written notice of the findings comes within 24 hours of an administrative closure DFPS CPS Handbook §2293. For other closures, it comes within 15 calendar days DFPS CPS Handbook §2293. It goes to the parents, the alleged perpetrator and, if known, the reporter DFPS CPS Handbook §2293.

If you are the alleged perpetrator and you disagree, you may ask for an administrative review of the findings Tex. Fam. Code §261.309(c). The request must be in writing within 45 days after you get the notice 40 Tex. Admin. Code §707.505(b). See How to Ask for an ARIF (Administrative Review of CPS Findings) in Texas and CPS Investigation Findings in Texas: Reason to Believe, Ruled Out and More.

After the 60th day from closing, DFPS may not reopen the investigation, or change its finding to say abuse or neglect happened Tex. Fam. Code §261.301(l).

What happens after the investigation?

When risk or safety concerns remain at the end, the caseworker recommends a next step to the supervisor. The options include Family-Based Safety Services DFPS CPS Handbook §2291.4, removal if the legal requirements are met DFPS CPS Handbook §2291.4, or closing without ongoing services in certain situations DFPS CPS Handbook §2291.4.

• Case closed. Policy uses Close when there are no danger indicators and risk is low or moderate, or when high risk was addressed DFPS CPS Handbook §2294.
• Family-Based Safety Services (FBSS). FBSS serves families who need more DFPS services to keep a child safe DFPS CPS Handbook §12000. Court action may not be needed if services can address the concerns and the parents take part voluntarily DFPS CPS Handbook §5100. See Family-Based Safety Services (FBSS) in Texas: What Families Should Know.
• Court-ordered services. DFPS can ask a court for a temporary order requiring a parent or household member to take part in services Tex. Fam. Code §264.203(a). That order cannot move the child out of the home or into DFPS conservatorship Tex. Fam. Code §264.203(e). It expires on the 180th day after it is signed, unless the court extends it Tex. Fam. Code §264.203(q). See Court-Ordered Services in Texas CPS Cases (Family Code §264.203).
• Removal. If DFPS believes a child must be removed right away for protection, it must file a petition or take other action under Chapter 262 of the Family Code Tex. Fam. Code §261.302(d). Policy requires supervisor and program director approval, plus a court order or exigent circumstances DFPS CPS Handbook §2247. Removal is a separate court process with its own rules, and this guide does not cover it.

What the law says

With assistance from the appropriate law enforcement agency as provided by this section, the department shall make a prompt and thorough investigation of a report of child abuse or neglect allegedly committed by a person responsible for a child's care, custody, or welfare. The investigation shall be conducted without regard to any pending suit affecting the parent-child relationship.

In plain words: DFPS must investigate promptly and thoroughly, even if a family court case is already pending.

The investigation may include: (1) a visit to the child's home, unless the alleged abuse or neglect can be confirmed or clearly ruled out without a home visit; and (2) an interview with and examination of the subject child, which may include a medical, psychological, or psychiatric examination.

In plain words: a home visit and an interview or exam of the child are common parts of an investigation.

After the 60th day after the date an investigation is closed, the department may not reopen the investigation or change the department's finding in the investigation to find abuse or neglect occurred. Before the 60th day after the date an investigation is closed, the department may reopen a closed investigation and change the department's finding in the investigation only for good cause shown. The commissioner by rule shall establish procedures for reopening a closed investigation as authorized by this section.

In plain words: once 60 days pass after closing, DFPS cannot reopen the case or change the finding to say abuse or neglect happened.

Questions to ask a lawyer

• Should I talk to the caseworker, and should you be there when I do?
• Can I see the investigation records, and when?
• How does the preponderance of the evidence standard apply to the facts in my case?
• If the finding is Reason to Believe, should I ask for an administrative review?
• Should I agree to FBSS or a safety plan, or wait to see whether DFPS goes to court?

Related

• Your Rights When Texas CPS Contacts You (Family Code §261.307)
• CPS Investigation Findings in Texas: Reason to Believe, Ruled Out and More
• How to Ask for an ARIF (Administrative Review of CPS Findings) in Texas
• Family-Based Safety Services (FBSS) in Texas: What Families Should Know
• Court-Ordered Services in Texas CPS Cases (Family Code §264.203)
• Order in Aid of Investigation: When DFPS Asks a Court for Access (Family Code §261.303)
• Your Right to a Lawyer in a Texas CPS Case