Family Code · §261.302

Conduct of a DFPS Investigation

Conduct of a DFPS Investigation (§261.302): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Conduct investigations, including interviews and examination of the child
  • Interview the child at any reasonable time and place, including at school or home
  • May transport the child for an interview after attempting to notify the parent
  • Records access requires consent or a court order (§261.303)

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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.