40 Tex. Admin. Code § 707.619 - What procedures apply when we conduct an interview or examination during a school investigation?

(a) School officials or other persons related to the school setting may not interfere with an investigation of a report of child abuse or neglect conducted by the Texas Department of Family and Protective Services, pursuant to Texas Family Code § 261.303, Interference with Investigation; Court Order. Interviews and examinations in a school investigation may take place on or off the school premises, as deemed appropriate by us, pursuant to all applicable standards. We will notify appropriate school personnel prior to conducting an interview or visual inspection on school premises. We may request that school personnel or volunteers not be present during the interview or visual inspection of an alleged victim, an alleged perpetrator, an adult or child witness, or any other person who may have information relevant to the investigation if we determine that:

(1) The presence of school personnel or volunteers would compromise the integrity of the investigation; or

(2) A better interview or examination of the child would result without school personnel or volunteers being present.

(b) Notwithstanding subsection (a) of this section, if the school is not under the jurisdiction of the Texas Education Agency, we must have consent or a court order to conduct the interview and visual inspection of the child unless we have a reason to believe that the child is in immediate danger of physical or sexual abuse.

(c) We must comply with the requirements in §707.491(b) of subchapter A of this chapter (relating to What procedures apply when the investigator makes contact with and conducts interviews of parent(s) and alleged perpetrator(s) during an investigation?).

Notes

40 Tex. Admin. Code § 707.619

Adopted by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4793, eff. 7/15/2020