Sec. 261.311. NOTICE OF REPORT. (a) When during an investigation of a report of suspected child abuse or neglect a representative of the department conducts an interview with or an examination of a child, the department shall make a reasonable effort before 24 hours after the time of the interview or examination to notify each parent of the child and the child's legal guardian, if one has been appointed, of the nature of the allegation and of the fact that the interview or examination was conducted.
(b) If a report of suspected child abuse or neglect is administratively closed by the department as a result of a preliminary investigation that did not include an interview or examination of the child, the department shall make a reasonable effort before the expiration of 24 hours after the time the investigation is closed to notify each parent and legal guardian of the child of the disposition of the investigation.
(c) The notice required by Subsection (a) or (b) is not required if the department or agency determines that the notice is likely to endanger the safety of the child who is the subject of the report, the person who made the report, or any other person who participates in the investigation of the report.
(d) The notice required by Subsection (a) or (b) may be delayed at the request of a law enforcement agency if notification during the required time would interfere with an ongoing criminal investigation.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 74, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.140, eff. April 2, 2015.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle E - Protection of the Child
Chapter 261 - Investigation of Report of Child Abuse or Neglect
Section 261.301. Investigation of Report
Section 261.3011. Joint Investigation Guidelines and Training
Section 261.3013. Case Closure Agreements Prohibited
Section 261.3015. Alternative Response System
Section 261.3016. Training of Personnel Receiving Reports of Abuse and Neglect
Section 261.30171. Forensic Assessment Center Network Evaluation
Section 261.30175. Mitigation of Provider Conflicts in Abuse or Neglect Investigation Consultations
Section 261.3018. Abbreviated Investigation and Administrative Closure of Certain Cases
Section 261.302. Conduct of Investigation
Section 261.3021. Casework Documentation and Management
Section 261.3022. Child Safety Check Alert List
Section 261.3023. Law Enforcement Response to Child Safety Check Alert
Section 261.3024. Removal From Child Safety Check Alert List
Section 261.3027. Notice of Right to Record Interview
Section 261.303. Interference With Investigation; Court Order
Section 261.3031. Failure to Cooperate With Investigation; Department Response
Section 261.3032. Interference With Investigation; Criminal Penalty
Section 261.304. Investigation of Anonymous Report
Section 261.305. Access to Mental Health Records
Section 261.306. Removal of Child From State
Section 261.307. Information Relating to Investigation Procedure and Child Placement Resources
Section 261.3071. Informational Manuals
Section 261.308. Submission of Investigation Report
Section 261.309. Review of Department Investigations
Section 261.3091. Notice of Right to Request Administrative Review
Section 261.310. Investigation Standards
Section 261.311. Notice of Report
Section 261.312. Review Teams; Offense
Section 261.3125. Child Safety Specialists
Section 261.3126. Colocation of Investigators
Section 261.315. Removal of Certain Investigation Information From Records