Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS
Subchapter C - CHILD CARE INVESTIGATIONS
Division 2 - OVERVIEW OF INVESTIGATION IN CHILD CARE OPERATIONS
Section 707.716 - What requirements does the investigator follow prior to interviewing the alleged perpetrator?

Universal Citation: 40 TX Admin Code § 707.716

Current through Reg. 49, No. 38; September 20, 2024

(a) At the first contact with a principal as defined in §707.703(14) in division 1 (relating to What do the following terms mean when used in this subchapter?), the investigator will:

(1) Identify himself or herself;

(2) Have his or her Texas Department of Family and Protective Services (DFPS) identification available for inspection;

(3) Explain DFPS's role and legal responsibilities in the investigation;

(4) If the principal is an alleged perpetrator, advise the individual of the complaints or allegations in the report while protecting the identity of the reporter.

(b) Prior to interviewing the alleged perpetrator, the investigator will inform the individual of the following:

(1) his or her right to audio or video record the interview and receive a copy of our current recording policy in accordance with Texas Family Code (TFC) §261.3027;

(2) that any recording the alleged perpetrator makes may be subject to subpoena under a court order in accordance with TFC §261.3027; and

(3) his or her right to an administrative review of investigation findings if we make a finding of reason-to-believe against the individual in accordance with TFC §261.3091.

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