CPS DFPS Overview Reporting Requirements Student Interview Protocol

CPS (DFPS) Overview: Reporting Requirements, Student Interview Protocol, and More April 14, 2016

To Report or Not Report … that is a very important question If you have cause to believe that abuse or neglect of a child has occurred or may occur, you must report. Cause to Believe It Report It

Everyone is Required to Report • Generally, a person having cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by a person shall immediately make a report as provided by [the Family Code]. Texas Family Code § 261. 101(a). • A report should reflect the reporter’s belief that a child has been or may be abused or neglected or has died of abuse or neglect. Texas Family Code § 261. 102.

Heightened Duty to Report • A professional who has cause to believe that a child has been abused or neglected is required by law to report the abuse or neglect within 48 hours of becoming aware of the incident. The professional cannot delegate to or rely on another person to make the report. Texas Family Code § 261. 101(b) – “Professional" includes any school employee who is in some way licensed or certified by the state, including principals, teachers, nurses, counselors, diagnosticians, certified teacher aides, etc.

Where to Report • Call 911 in an emergency (child is in immediate danger) • Call 1 -800 -252 -5400 (Texas Department of Family and Protective Services 24/7 intake hotline) • In non-urgent situations, go to www. txabusehotline. org

To Report or Not Report … that is a very important question • When in doubt, report. • Your duty to report is broader than the duty of CPS to investigate. • It is a crime to not report suspected abuse or neglect. Cause to Believe It Report It

Identity of Person Making Report is Confidential • The identity of an individual making a report of abuse or neglect is confidential. Texas Family Code § 261. 101(d) • You are not required to disclose knowledge of a report to a parent. If asked, it may be easier to deny any knowledge of the report.

CPS (DFPS) wants to interview a student. What do you do? Where can you find NISD’s procedures?

GRA Legal Local Regulation Exhibits

GRA (REGULATION)

GRA (REGULATION) (EXHIBIT A)

GRA (REGULATION) (EXHIBIT A)

Tips for Verifying Employment • Call the main office line. – Search for DFPS Office Locations Region 3 – Arlington to find the main office line. • Explain the situation; avoid the term “verify employment”. “I’m calling from ABC School, and we have a caseworker here who is needing to speak to a student. It is our protocol to confirm that the person works for DFPS. Can you tell me if Caseworker XYZ works for DFPS? ”

GRA (REGULATION) (EXHIBIT A)

GRA (REGULATION) (EXHIBIT A) If the person is with DFPS and these boxes are not checked, feel free to point it out … “I noticed that these boxes are not checked, you may not be aware, but if they are not checked, an administrator will sit in on the interview with you and we will contact the parents before you can meet with the student. ”

GRA (REGULATION) (EXHIBIT A)

Steps to Remember • Complete GRA (Exhibit A) – Student Interviewer Identification and Notification Form • Copy badge and attach to form • Verify employment with DFPS • Check boxes for administrator’s presence & notification of parents • Approve and allow interview to occur • Notify appropriate campus administrator • File form in cum folder; send copy to superintendent’s office

CPS (DFPS) wants to remove a student from campus.

CPS (DFPS) Removal of a Student GRA (REGULATION) (EXHIBIT B)

GRA (REGULATION) (EXHIBIT B)

GRA (REGULATION) (EXHIBIT B)

GRA (REGULATION) (EXHIBIT B)

Steps to Remember • Complete GRA (Exhibit B) – Acknowledgement of Removal of a Student by Legal Authorities – Review notification of parent • Copy badge and attach to form • Verify employment; verify that student is to be taken into custody • Involve administrator and ensure they sign form • Sign student out • File form in cum folder; send copy to superintendent’s office

Other Uses for GRA Exhibits • • Police Investigations Probation Officer MHMR Court Appointments (CASA, Guardian Ad Litem, etc. ) • School SRO – if investigating non-school concern or if removing a student

Things to Consider at Your School • Discuss the process. – Who approves? Which administrator will sit in on interviews? Who do I notify and how? Who is the backup? What do we do if a child is upset after the interview? What changes need to be made?

CPS (DFPS) wants student information.

DFPS Requests for Student Records • DFPS cannot have access to “everything”; student information and records are protected under FERPA • Provide “locating” information upon written request • Provide other educational records under certain circumstances

“Locating” Information • We are required to provide “locating” information (Texas Family Code 261. 303 (e. )) • Examples: student’s/parent’s phone number (home, work, cell, etc. ), e-mail address, physical address, the name of the school where the child attends, etc. • Any information that could reasonably be used to locate a child or parent

Guidelines for Releasing “Locating” Information to DFPS 1. Ask the DFPS caseworker to put their request for locating information in writing (e-mail, handwritten letter, formal letter, etc. ). 2. Make a copy of the caseworker’s badge. 3. Confirm that the caseworker is employed by DFPS (call the main number of the regional office or speak to their supervisor). 4. Provide the requested information to the caseworker. 5. Maintain a record of the release of the student’s information in the cum folder for two years. This record should include the following: – Documentation of the release of information – date released, information released, and method (phone call, in person, e-mail, etc. ) – The original written request – Copy of the caseworker’s badge

Release of Non-Locating Information • Written parental permission to release – DFPS has a form – GRA (REGULATION) (Exhibit C)

Guidelines for Releasing Information with Parental Consent 1. Make a copy of the written consent to release from the parent/guardian. (Ensure the form is still in effect – DFPS form often valid for only one year. ) 2. Ask the DFPS caseworker to put their request in writing (e-mail, handwritten letter, formal letter). 3. Make a copy of the caseworker’s badge. 4. Confirm that the caseworker is employed by DFPS. 5. Provide the requested information to the caseworker. 6. Maintain a record of the release of the student’s information in the cum folder for two years. This record should include the following: – Written parental consent to release document – Documentation of the release of information – date released, information released, and method (phone call, in person, e-mail, etc. ) – The original written request – Copy of the caseworker’s badge

Release of Non-Locating Information • Treat as a Public Information Request if “directory information” – Student’s name, date and place of birth, photograph, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, honors and awards received, enrollment status, grade level, and the most recent previous educational agency or institution attended by the child. • Subpoena • Court Order • Declaration of health or safety emergency

Future Changes … A form for campus principals to authorize release of information to DFPS for health and safety emergencies.

DFPS Requests of Staff • Phone call and e-mail requests are increasing • Interview/meeting requests Starting Immediately … Verify and document health and safety concern. “Certain information and records are protected under FERPA. However, if there is a health and safety emergency, I would be able to answer your questions. “

Things to Note • We are seeing an increase in phone call and e-mail requests. • A new form for campus principals to authorize release of information to DFPS for health and safety emergencies.

For More Information • Board Policy FFG – Requirement to report all suspected abuse • Board Policy GRA – Reporting incidents and cooperating with investigations • Texas Family Code, Sec. 261. 001 – Legal definitions of abuse and neglect

In the end, just remember the best interest of the child is our primary concern.