VR Manual Chapter 1: Protection of Legal Rights

Revised 05/08

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1.6 Reporting Abuse or Neglect

1.6.1 Child Abuse or Neglect

Section 261.101(b) of the Texas Family Code mandates:

"If a professional has cause to believe that a child has been or may be abused or neglected, the professional shall make a report not later than the 48th hour after the hour the professional first suspects that the child has been or may be abused or neglected."

In the event that a request for consumer records is received from the parent, the CCR documenting the DFPS statement shall not be released to the parent.

1.6.2 Immunity

Persons reporting the abuse or neglect of children are immune from liability, civil or criminal, that might otherwise be incurred or imposed unless the information is reported in bad faith or in malice.

1.6.3 Failure to Report

Section 261.109 of the Texas Family Code states that failure to report suspected abuse or neglect is a Class B misdemeanor.

1.6.4 Identity of Reporter

The identity of an individual making a report is confidential and may be disclosed only on the order of a court or to a law enforcement officer for the purpose of conducting a criminal investigation of the report.

1.6.5 DFPS Process

When the specialist calls DFPS, they will be:

assigned a Casefile number to identify their report;

advised whether or not DFPS will investigate; and

advised of the appropriate actions to take, including other entities to be contacted.

1.6.16 Documenting the Report

Caseworkers reporting suspected abuse or neglect shall document their compliance with statutory requirements by documenting the following statement in a Word document: "On this date, caseworker was assigned Casefile # ___ by DFPS." Further casefile documentation is not required.

Note: The DFPS statement should be documented in a Word document.

The Word document, marked DO NOT COPY should be placed in a sealed envelope and the sealed envelope should then be placed in the consumer's casefile. The sealed envelope should also be clearly marked DO NOT COPY in large handwritten letters.

In the event that a request for consumer records is received from the parent, the Word text documenting the DFPS statement shall not be released to the parent.

See Business Procedures Manual, Chapter 22: Risk Management and Emergency Response, 22.7 Reporting Accidents; Suspected Wrongdoing or Violations of Law; Security Incidents; Abuse, Neglect, and Exploitation; and Other Reportable Incidents for information on

  • reporting abuse, neglect, or exploitation of a
  • child, or
  • disabled or elderly person;
  • processing DARS1405, Report of Alleged Abuse, Exploitation, or Neglect of DARS Consumers; and
  • documenting that the report was made to the appropriate authorities.

1.6.27 Consumer Records

Consumer records relating to child abuse or neglect are confidential under state law and DFPS rules and may be disclosed only on the order of a court or to a law enforcement officer for the purpose of conducting a criminal investigation of the report

Note: In the event that a specialist or other DBS employee receives a request for consumer records through a subpoena, informal request, or other means and such records contain information relating to child abuse or neglect, the specialist shall proceed as follows.

1.The caseworker or employee shall immediately notify the field director (or appropriate director of programs management if the field director is not available).

2.The field director (or appropriate director of programs management if the field director is not available) will contact the Central Office and explain that the records being requested contain information relating to child abuse or neglect.

3.The Central Office will work with the DARS legal counsel's office.

4.DBS staff shall take no other action until instructions are received from legal counsel.

For information on policy when a consumer’s record is requested for an abuse case, see DARS Business Procedures Manual, Chapter 20: Confidentiality and Use of Consumer Records and Information.

1.6.8 Elderly or Disabled Persons

State law requires persons who have reasonable cause to believe an elderly or disabled person is being abused, neglected or exploited to report the information.

1.6.39 Reporting in a Facility

For individualsconsumers residing in a facility, the incident is to be reported to the authority having responsibility for the facility.For additional information, see DARS Business Procedures Manual, Chapter 20: Confidentiality and Use of Consumer Records and Information.For any other situation, the local office of Adult Protective Services or the 24 hour State Abuse hotline (1-800-252-5400) is to be contacted.

1.6.410 Confidentiality

See DARS Business Procedures Manual, Chapter 20: Confidentiality and Use of Consumer Records and Information.