19 Child Safety Check Alert List, BPOC 736, Module D, Unit 19 Flashcards

1
Q

What is the Child Safety Check Alert List?

A

CPS’s method to locate children and families using TCIC; Submitted to Texas Crime Information Center by the Child Protective Services (CPS) division of the Texas Department of Family Protective Services

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2
Q

What is the purpose of the Child Safety Check Alert List (CSCAL)?

A

For CPS to locate a child and legal guardians to: (a) Investigate possible child abuse or neglect; (b) Provide protective services to a family receiving family-based safety services; (c) Provide protective services to the family of a child in the managing conservatorship of the department

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3
Q

How is CSCAL different from a missing person?

A

A child reported on CSCAL is presumably with their legal guardian, they are only listed in TCIC, and their name only remains in TCIC for 12 months

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4
Q

How is a missing person report different from a CSCAL report?

A

Usually, the legal guardian does not know where the child is, the legal guardian may be CPS, their name is entered in both TCIC and NCIC, their name remains in the system until they are located.

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5
Q

What is the purposes of Family Code 261.301 – Investigation of Report?

A

It provides guidelines for how and when CPS and LEO should work together to investigate a report of abuse/neglect of a child.

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6
Q

What did the new subsection added by HB 2053 explain?

A

Whenever a CPS investigation assigns the highest priority to locating a child, they will notify DPS that the child’s location is unknown. If DPS locates the child, they will notify CPS of the location of the child and family.

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7
Q

Name three ways in which an encounter with someone on the CSCAL list can end?

A

(1) officers may have to take temporary custody of the child due to reasons unrelated to CSCAL, (2) officers may have to release the child to CPS, (3) an officer may have to release the child back to the custody of the legal guardian.

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8
Q

What three steps should an officer follow when encountering a person listed on the CSCAL?

A

(1) immediately contact CPS on the department’s dedicated law enforcement telephone number for statewide intake, (2) Request information from the department regarding the circumstances of the case involving the child or other person, (3) request information from the child and the other person regarding the child’s safety, well-being, and current residence.

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9
Q

What is a law enforcement officer’s general authority to detain someone?

A

Be constantly observant of people in the vicinity of a law enforcement action, including being alert to children in the area and assessing the immediate safety and well-being of that childlist Different statutes authorize law enforcement officers to take action to ensure a child’s safety and well-being before releasing the child.

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10
Q

What is an officer’s authority under CCP 2.272?

A

As soon as the officer contacts CPS using the dedicate law enforcement telephone number for statewide intake, a CPS Case Worker will be notified. (a) the Case Worker will make the decision whether they need to respond to the scene, (b) regardless of the decision of CPS, it is the officer’s duty to assess the immediate safety and well-being of the child.

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11
Q

What is an officer’s authority under FC 262.104

A

If there is no time to obtain a temporary restraining order, a rep from CPS, a law enforcement officer, or a juvenile probation officer may take possession of a child without a court order. Must have personal knowledge information furnished by another that there is an immediate physical danger to the child; personal knowledge information furnished by another that the child has been a victim of sexual abuse or trafficking; personal knowledge information furnished by another that the parent or guardian is using a controlled substance presenting immediate danger to the child; personal knowledge information furnished by another that the child is on a premises where methamphetamines are being manufactured.

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12
Q

What Code must you follow if you took possession of a minor under Family Code 262.104?

A

Family Code 262.105

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13
Q

What steps does FC 262.105 say must be followed?

A

The person taking a child into possession without a warrant shall without delay (a) file a suit affecting the parent-child relationship, (b) request the court to appoint a guardian ad litem for the child, (c) request an initial hearing within the first business day after the date the child is taken into custody.

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14
Q

What facts must be stated in the supporting affidavit filed in the original suit by a governmental entity?

A

Based on the Affiant’s personal knowledge or on information furnished by another, one of the following circumstances existed at the time the child was taken into custody: (a) immediate danger to the physical health and safety of the child; (b) child was a victim of sexual abuse or trafficking; (c) parent or guardian was using a controlled substance; or (d) child was allowed on the premises where methamphetamines were being manufactured. (d) allowing the child to remain in the home would be contrary to the child’s welfare; (e) No time for a full adversary hearing under subchapter C; (f) the child could not be adequately protected in his current circumstances; (g) placing the child with a relative or caregiver: (1) had been refused, (2) was not possible because of too little time to conduct an interview of the caregiver, (3) would pose an immediate danger to the physical health or safety of the child.

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15
Q

What new language is being added to the Affidavit requirements in 2025?

A

The affidavit must describe with specificity in a separate section all reasonable efforts, consistent with the circumstances and providing for the safety of the child, that were made to eliminate the need for removal of the child.

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16
Q

What are the steps to releasing a child from possession under CCP 2273?

A

A law enforcement officer who takes a child into custody under FC 262.104 may release the child to: (A) A residential childcare facility licensed by the Department of Family and Protective Services under Chapter 42; (B) a juvenile probation department; (C) the Department of Family and Protective Services, or (D) any other person authorized by Law to take possession of that child

17
Q

What must law enforcement do before releasing a child to an authorized person under CCP 2.273:

A

(a) Verify with the NCIC that the child is not a missing child; (b) Search the relevant databases of the NCIC, including protection orders, historical protection orders, warrants, sex offender registries, and persons on supervised release, to: (1) Verify the person to whom the child is being released: (A) Does not have a protective order issued against them, and (B) Is not registered as a sex offender unless the person is the child’s parent or guardian and there are no restrictions regarding the person’s contact with the child; (c) obtain any other information the Department of Family and Protective Services considers: (1) Relevant to protect the welfare of the child, or (2) Reflective of the responsibility of the person to whom the child is being release; (d) Call the Department of Family and Protective Services Texas Abuse Hotline to determine whether the person to whom the child is being released is listed in the registry as a person who abused or neglected a child; (e) Verify that the person to whom the child is being released is at least 18 years of age; (f) Maintain a record regarding the child’s placement, including: (1) Identifying information about the child, including the child’s name or pseudonyms; and (2) The name and address of the person to whom the child is being released.

18
Q

What information is reported to the DFPS and TCIC if the officer does not take possession of the child?

A

(a) report to DFPS the child’s current address and any other relevant information; (b) report in TCIC that the child has been located and to whom the child was released