When Child Protection Comes
Fam. Code 261.307 — at first contact, a written summary of the investigation and a spoken notice of rights
How fast. The department makes a prompt and thorough investigation of a report of abuse or neglect by a person responsible for a child's care. Its rules require an immediate response where death or substantial bodily harm would otherwise result, a response within 24 hours to other highest priority reports, and within 72 hours to second priority reports.
At first contact. On first contact with the parent or the alleged perpetrator, the department provides a brief, easily understood written summary of its investigation procedures, including that any statement may be used in a criminal case or as a basis to remove a child, together with the known allegations, the right to review the records, and the right to seek legal counsel.
- Not to speak with any agent of the department without legal counsel present.
- A court-appointed attorney for an indigent parent when the department seeks the court orders the section names.
- Recording any interaction or interview, with the understanding that the recording may be disclosed under a court order.
- Refusing to let the investigator enter the home or interview the child without a court order.
- Withholding consent to the release of medical or mental health records, or to a medical or psychological examination of the child.
- Refusing to submit to a drug test.
- Consulting legal counsel before agreeing to a voluntary safety plan.
Those are among the rights the department gives verbal notice of.
Removal of a child, emergency custody, and the court hearings that follow are set out in other parts of the law that are not on this page. What a particular investigation means for a family is a question for a licensed Texas attorney.
Sources for this section (2)
- Fam. Code 261.301 — Investigation of report
- Fam. Code 261.307 — Information relating to investigation procedure and child placement resources
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.