Family Code · §261.302

CPS Reporting

CPS Reporting is covered under §261.302 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Conduct investigations (transport / interviews); Access medical, mental health, school records; Interview child without parent consent (certain situations); Request law enforcement assistance.

Elements you must prove

  • Conduct investigations (transport / interviews)
  • Access medical, mental health, school records
  • Interview child without parent consent (certain situations)
  • Request law enforcement assistance

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Worked examples

Worked example 1

Under §261.302, DFPS investigators have authority to:

  1. Take a child without any process
  2. Conduct investigations including transport and forensic interviews; access records; interview the child without parental consent in certain situations; request law enforcement assistance; and seek court orders for further intervention Correct
  3. Only review reports
  4. Only refer to law enforcement
Why: DFPS investigators have substantial statutory authority including conducting interviews, accessing records, and seeking court orders. Officers commonly assist DFPS in stand-by capacities.
Statute: Tex. Fam. Code §261.302

Statutory definitions for this topic

DFPS investigative authority Tex. Fam. Code §261.302
DFPS may conduct investigations including transport and forensic interviews; access medical/mental health/school records; interview a child without parental consent in certain situations; request law enforcement assistance.