The intake specialist uses the following table to determine how to assess a report that meets the Texas legal definition of abuse or neglect and involves either of the following:
- Someone who lives out of state.
- An incident that occurs out of state.
In the table, “Out of State” refers to anywhere outside Texas, including other countries.
A child’s primary residence is usually with the managing conservator. The child’s primary residence remains the state that initiated the placement (sending state) when the child is placed through an Interstate Compact on the Placement of Children (ICPC) agreement.
If the child is traveling from one place to another, and the child’s current location or destination is in Texas, then the intake specialist uses the Texas location as the child’s location.
When another state has an active investigation, the out-of-state caseworker may contact SWI to request a home visit or courtesy interview. The intake specialist does not use the table in this situation, because that state is already investigating the allegations. See 4822 CRSR – Out of State (C-OS).
Exception
The intake specialist usually does not send a report of child abuse or neglect to any agency, including to programs equivalent to CPI in other states or countries, if both of the following are true:
- The reporter is anonymous.
- The report falls under CPI’s jurisdiction, if the incident happened in Texas.
If other information in the report does not meet the Texas legal definition of abuse or neglect, the intake specialist considers whether to send it to a program equivalent to CPI in another state or country. If the intake specialist sends this information to a program equivalent to CPI in another state or country, the intake specialist does as follows:
- If information that meets the Texas legal definition of child abuse or neglect from an anonymous reporter is directly relevant to the report faxed to the other agency or program, the intake specialist includes it in the I&R Matter Referred On or CRSR-Request for Local Public Service.
- If information that meets the Texas legal definition of child abuse or neglect from an anonymous reporter is not directly relevant to the report faxed to the other agency or program, the intake specialist completes and closes a separate I&R of the most appropriate type without the New Using function.
See:
| Scenario Number | Child’s Primary Residence | Child’s Current Location | AP’s Primary Residence | Where Incident Occurred | SWI Action | Reasons for Action |
|---|---|---|---|---|---|---|
| 1 | Texas | Texas | Texas | Out of State | Intake to county where child lives. | The child’s primary residence is Texas. |
| 2 | Texas | Texas | Out of State | Texas or Out of State | Intake to county where child lives. | The child’s primary residence is Texas. |
| 3 | Texas | Out of State | Texas | Texas or Out of State | Intake to county where child lives. | The child’s primary residence is Texas, and the child may be at risk if he or she returns to Texas where the AP lives. |
| 4 | Texas | Out of State | Out of State | Texas or Out of State | Intake to county where child lives. | The child’s primary residence is Texas. |
| 5 | Out of State | Texas | Texas | Texas or Out of State | Intake to county where child is located. | The AP lives in Texas, and the child is currently in Texas. |
| 6 | Out of State | Texas | Out of State | Texas | Intake to county where child is located. | Incident occurred in Texas, and the child is currently in Texas. |
| 7 | Out of State | Out of State | Texas | Texas | Intake to county where AP lives. | Incident occurred in Texas, and the AP lives in Texas. |
| 8 | Out of State | Texas | Out of State | Out of State | One of the following: | One of the following:
Regardless of access, there is no current safety threat to the child.
|
| 9 | Out of State | Out of State | Texas | Out of State | I&R Matter Referred On | Incident occurred out of state, and the child is not a Texas resident and is currently away from the AP’s residence. No Texas CPI action, unless the other state’s protective services agency requests it. |
| 10 | Out of State | Out of State | Out of State | Out of State | Two I&Rs:
| The AP and the child both live out of state, and the child is not currently in Texas. |
| 11 | Out of State | Out of State | Out of State | Texas | Two I&Rs: | Both of the following:
|
| Scenario Number | Child’s Primary Residence | Child’s Current Location | AP’s Primary Residence | Where Incident Occurred | SWI Action | Reasons for Action |
If a child is the subject of an ICPC agreement (either a Texas child placed in another state or another state’s child is placed in Texas), see 4711.3 Child in an Out-of-State Placement, Including ICPC, Alleges Abuse or Neglect.
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