40 Tex. Admin. Code § 707.617 - How are school investigations conducted?

(a) An investigation conducted under this subchapter shall include the following investigative steps unless the allegations of child abuse and neglect can be clearly ruled-out without taking one or more of these steps:

(1) Obtain a full statement of the allegation from the reporter, as appropriate to the case.

(2) Interview and visually inspect each alleged victim, as appropriate in the case.

(3) Interview any other witnesses or persons who may have collateral information, including the child's parents or guardian.

(4) Interview the alleged perpetrator, if available.

(5) Obtain photographs, school records, or other pertinent physical evidence, if relevant to the investigation.

(6) Request that a parent of an alleged victim obtains a medical, psychological, or psychiatric examination of the child and that the records of such examination be provided to us, if necessary, to properly investigate the allegations in the case.

(7) Request that the alleged perpetrator submit to a medical, psychological, or psychiatric examination and that the records of such examination be provided to us, if necessary, to properly investigate the allegations in the case; and

(8) Cooperate with law enforcement in the event that law enforcement is conducting a joint investigation regarding the allegations.

(b) We will conduct a criminal history background check on the alleged perpetrator in accordance with Texas Government Code, § 411.114, and § 707.511 of subchapter A of this chapter (relating to On whom do we conduct criminal history records checks during the course of an investigation?).

(c) The Special Investigator who conducts the investigation must complete the investigation, reach a disposition for each allegation made in the report, and submit the investigation report and findings to a supervisor for approval within 30 calendar days after initiating the investigation unless an extension of time is approved by the supervisor due to extenuating circumstances. The supervisor must approve the investigation or return it to the Special Investigator for further action within 10 calendar days of receiving the investigative report. If the tenth day falls on a weekend or state holiday, the supervisor has until the next working day to complete the required review.

Notes

40 Tex. Admin. Code § 707.617

Adopted by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4793, eff. 7/15/2020; Amended by Texas Register, Volume 47, Number 38, September 23, 2022, TexReg 6251, eff. 9/22/2022