A social worker or police officer can place a child in protective custody if they believe that immediate action is needed to protect the child from abuse or neglect. Everyone has a legal obligation to report suspected child abuse or neglect. Child Protective Services (CPS) is part of a state agency, the Texas Department of Family and Protective Services. The sole purpose of CPS is to investigate reports of child abuse or neglect.
By law, the person making the report must remain anonymous. Doctors, lawyers, therapists and clergy are legally required to file a report if they suspect child abuse or neglect. If the 72-hour period to keep a child in custody and to obtain a preliminary or emergency deportation order expires on a Saturday, Sunday, or legal holiday or day when the court is legally closed, the 72 hours will be extended to the next day other than Saturday, Sunday, or statutory holiday or day the court is legally closed. Chapters of meeting acts referred to in the historical citation at the end of this section may not constitute a complete list of such chapters and may exclude chapters whose provisions have expired.
Code of Virginia, Constitution of Virginia, statutes, authorities, covenants, and non-codified laws are now available in eBook, ePub and MOBI formats. Data from the Virginia Law website is available through a web service. B) An investigation under this section may include a visit to the child's home, unless the alleged abuse or neglect can be clearly confirmed or ruled out without a home visit, an interview with the child and an examination, and an interview with the child's parents. (vi) the process that the person can use to gain access to the child if the child is removed from the home;.
B) A state agency shall immediately notify the appropriate state or local law enforcement agency of any report received by the agency, other than a report from a law enforcement agency, that relates to the suspected abuse, neglect or exploitation of a child or the death of a child by abuse or neglect. (B) A court finding in a lawsuit affecting the parent-child relationship that a report made under this chapter before or during the lawsuit was false or lacked factual basis may be grounds for the court to modify an order providing for possession of or access to the child who was the subject of the report to be restricted access to the child by the person who made the complaint. C) The department will consider any report compiled under Subsection (a) that involves any child or adult who is part of a child's home in making priority case decisions or making service or safety plans for the child or the child's family. In a lawsuit filed under the Hague Abduction Convention or to enforce a foreign child custody order, a person may seek an order to take physical custody of the child.
(B) If the department locates a child who has been included in the child safety checklist set out in Section 261,3022 through a means other than information reported to the department by a law enforcement officer under Section 2.272 of the Code of Criminal Procedure, the department shall inform the Texas Crime Information Center where the child is located. Respond immediately to a report of abuse and neglect involving circumstances in which the child's death or substantial bodily harm to the child would occur, unless the department intervenes immediately;. If a child can be subject to the Indigenous Child Welfare Act (ICWA), the social worker must use the Affidavit in support of the emergency removal of an Indian child. Subject to the allocation of money, the department will identify critical investigative actions affecting the safety of children and will require social workers in the department to document those actions in the child's case file no later than the day after the action occurs.
Establish guidelines for reviewing records in the registry and deleting those records in which the department was appointed managing curator of a child who has a serious emotional disorder only because the child's family was unable to obtain mental health services for the child;. If CPS investigates a report and believes the child is in danger, it can remove the child from the unsafe environment. A) physical injury that causes substantial harm to the child that requires emergency medical treatment and excludes an accident or reasonable discipline by an administrative or possessive parent, guardian or guardian that does not expose the child to a substantial risk of harm; or. The circumstances of the child are such that continuing in his/her place of residence or in the care or custody of the parent, guardian, guardian or other person responsible for the care of the child represents an imminent danger to the life or health of the child to the extent that serious or irreparable injury would occur is likely to occur or if evidence of abuse is perishable or subject to deterioration before a hearing can be held;.
A) a summary of any previous report of abuse or neglect of the child or other child made while the child was living with that parent, guardian, manager, guardian or other person entitled to possession of the child;. C) If a report under this section relates to a child with an intellectual disability receiving services in a state-supported housing facility or the ICF-IID component of the Rio Grande State Center, the department shall notify, within one hour of receiving the report, the facility where the child receives the report allegation services in the report. . .
