This revision of the Child Protective Services Handbook was published on December 1, 2008. Summaries of new revised items are provided below.
The following item is added to the CPS Handbook to clarify the role of DFPS when interacting with families and children, with respect to protection against unreasonable search and seizure. This protection is ensured by the Fourth Amendment of the U.S. Constitution. DFPS policy incorporates Fourth Amendment protections that are observed by staff when investigations involve:
· entering a house;
· visually examining a child;
· transporting a child from school; and
· removing of a child.
1230 Constitutional Protections.
Transporting a Child During an Investigation
The new and revised items below provide guidance on observing Fourth Amendment protections related to transporting a child during an investigation. See:
2247 Overview of Transporting a Child During an Investigation
2247.1 Transporting a Child From School for an Interview
2247.11 Obtaining Supervisory Approval to Transport a Child
2247.12 Determining the Basis of Authority for Transporting a Child
2247.13 Informing Law Enforcement Involved in a Joint Investigation
2247.14 Documenting the Transporting of a Child
2247.2 Transporting a Child in Other Circumstances
2247.3 Notifying the Parents Before Transporting a Child
2247.31 When Speaking Directly With a Parent About Transporting a Child
2247.32 When Direct Contact With the Parent Cannot Be Made
2247.33 Concealing the Location to Which a Child Is Transported
Giving Notice of Interviews and Examinations
The CPS handbook is being updated to address a recent court ruling and the emphasis on 4th Amendment Rights and exigent circumstances. See:
2261.1 Giving Notice When Interviewing or Examining a Child for an Investigation