DFPS CPS Handbook §2248.3
Notice Of Right To Record An Alleged Perpetrator’s Interview

CPS December 2024 Before conducting an interview with an alleged perpetrator during a school investigation or an investigation of a Home and Community-based Services home, the special investigator or caseworker must complete the following: - Provides the alleged perpetrator with a copy of Form 2617 Alleged Perpetrator’s Rights Prior to Interview . - Verbally reviews Form 2617 with the alleged perpetrator and informs the alleged perpetrator about the following: - The alleged perpetrator may create an audio or video recording of the interview but may not record the interview in any other manner (such as a livestream on social media). - Any audio or video recording made by the alleged perpetrator may be subject to subpoena under a court order. - Any audio or video recording made by the alleged perpetrator may not be posted on a website in a manner that could identify someone involved in the interview. - The alleged perpetrator may request and receive a copy of DFPS’s current policy on recording interviews. - The alleged perpetrator may request an Administrative Review of Investigation Findings (ARIF) if the finding is Reason to Believe for abuse or neglect of a child. - Has the alleged perpetrator sign two copies of Form 2617. If the alleged perpetrator refuses to sign the forms, the caseworker must mark the box on the form that reflects the alleged perpetrator’s refusal to sign and document the refusal in IMPACT. - Provides one copy of the signed Form 2617 to the alleged perpetrator. - Uploads the other Form 2617 into OneCase and document the following in the IMPACT contact narrative: - The caseworker verbally and in writing informed the alleged perpetrator of the right to create an audio or video recording. - Whether the alleged perpetrator made an audio or video recording of the interview, and whether the caseworker also made an audio or video recording of the interview. - The caseworker verbally and in writing informed the alleged perpetrator that an audio or video recording may be subject to subpoena. - The caseworker verbally and in writing informed the alleged perpetrator that he or she may request and receive a copy of DFPS’s current policy on recording interviews. - Form 2617 was provided to the alleged perpetrator. Alleged Perpetrator is a Minor If the alleged perpetrator is a minor, the caseworker must first receive consent from the child’s parent, or the attorney representing the child or parent, to interview the child as an alleged perpetrator. The person who gave consent signs Form 2617. See 2244.8 Interviews with a Child Who Is Alleged to Be a Victim and a Perpetrator . After receiving consent, the caseworker does the following: - Notifies the minor alleged perpetrator of the right to record the interview. - Follows the steps the caseworker must complete before conducting the interview with the alleged perpetrator (see list above). The child’s parent or the attorney representing the child or parent must be present. Alleged Perpetrator is Unknown If the alleged perpetrator is unknown, the caseworker must follow the steps (see above) for providing notice of the right to record the interview for anyone the caseworker interviews about the allegations who may become an alleged perpetrator. Whenever possible, the caseworker must conduct interviews face-to-face and in private. DFPS Rules, 40 TAC §707.491