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Baker's Texas Family Code Handbook includes the full text of the Texas Family Code as amended through the 79th Session of the Texas Legislature, and contains almost 11,000 case notes from reported Texas court decisions, constuting a one-volume annotated Texas Family Code. For more information see the Baker's Texas Family Code Handbook information page. The 2006 Edition of Baker's Texas Family Code Handbook contains 42 case notes under Chapter 261. Use our order form to place your order today.
From bills passed at the 79th Regular Session of the Texas Legislature (2005):
(see caveat and source notes at the 79th Regular Session page)
Family Code ProvisionChangeBillSec.
Sec. 261.301 (h) amendedSB 6 1.16
Sec. 261.301 (f) amendedSB 6 1.16
Sec. 261.301 (g) amendedSB 6 1.16
Sec. 261.301 (a) amendedSB 6 1.16
Sec. 261.301 (d) amendedSB 6 1.16
2004 Texas Family Code
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
SUBCHAPTER D. INVESTIGATIONS
Sec. 261.301. Investigation of Report.
(a) With assistance from the appropriate state or local law enforcement agency, the department or designated agency shall make a prompt and thorough investigation of a report of child abuse or neglect allegedly committed by a person responsible for a child's care, custody, or welfare. The investigation shall be conducted without regard to any pending suit affecting the parent-child relationship.
(b) A state agency shall investigate a report that alleges abuse or neglect occurred in a facility operated, licensed, certified, or registered by that agency as provided by Subchapter E. In conducting an investigation for a facility operated, licensed, certified, registered, or listed by the department, the department shall perform the investigation as provided by:
(1) Subchapter E; and
(2) the Human Resources Code.
(c) The department is not required to investigate a report that alleges child abuse or neglect by a person other than a person responsible for a child's care, custody, or welfare. The appropriate state or local law enforcement agency shall investigate that report if the agency determines an investigation should be conducted.
(d) The department may by rule assign priorities and prescribe investigative procedures for investigations based on the severity and immediacy of the alleged harm to the child. The primary purpose of the investigation shall be the protection of the child.
(e) As necessary to provide for the protection of the child, the department or designated agency shall determine:
(1) the nature, extent, and cause of the abuse or neglect;
(2) the identity of the person responsible for the abuse or neglect;
(3) the names and conditions of the other children in the home;
(4) an evaluation of the parents or persons responsible for the care of the child;
(5) the adequacy of the home environment;
(6) the relationship of the child to the persons responsible for the care, custody, or welfare of the child; and
(7) all other pertinent data.
(f) An investigation of a report to the department that is assigned the highest priority in accordance with department rules adopted under Subsection (d) and that alleges an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child shall be conducted jointly by a peace officer, as defined by Article 2.12, Code of Criminal Procedure, from the appropriate local law enforcement agency and the department or the agency responsible for conducting an investigation under Subchapter E.
(g) The inability or unwillingness of a local law enforcement agency to conduct a joint investigation under Subsection (f) does not constitute grounds to prevent or prohibit the department from performing its duties under this subtitle. The department shall document any instance in which a law enforcement agency is unable or unwilling to conduct a joint investigation under Subsection (f).
(h) The department and the appropriate local law enforcement agency shall conduct an investigation, other than an investigation under Subchapter E, as provided by this section and Article 2.27, Code of Criminal Procedure, if the investigation is of a report of child abuse or neglect that is assigned the highest priority in accordance with department rules adopted under Subsection (d) and that alleges an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child. Immediately on receipt of a report described by this subsection, the department shall notify the appropriate local law enforcement agency of the report.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 94, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 943, Sec. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1022, Sec. 70, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1137, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1150, Sec. 4, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 23, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 867, Sec. 1, eff. Sept. 1, 2003.

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