CHILD SAFETY CHECK ALERT LIST TCOLE Course # 4068 AND UNIT ONE George D. Little Deputy Chief, TRAINING PCT#4 Bexar County BCCO PCT #4 PowerPoint BCCO PCT #4 PowerPoint

WELCOME This course/lesson was directed by Constable Robert M. (Mike) BLOUNT. It is essential for all of my Deputy Constables to know how to better keep our children safe as well as protocols for conducting child abuse investigations and/or referral to Child Protective Services. It is imperative that all Deputy Constable’s assigned to our Agency become familiar with our NEW Standard Operating POLICY & PROCEDURES (SOP&P) that coincide with this course..

ADMINISTRATIVE Please complete the BCCO PCT #4 Registration form and turn it in now. Make sure you sign TCOLE Report of Training (PID#, Full Name and DOB). All cell phones off please – pay attention to course materials and show common respect & courtesy.

Your Instructor – Course Facilitator and Mentor Trainer Deputy Chief George D. Little A.S. & B.S. Criminal Justice & Sociology B.S.CJ Wayland Baptist University, San Antonio M.S. Criminology & Counter-Terrorism University of the State of New York(P) 2012 T.C.O.L.E. Professional Achievement Award Certified Crime Prevention Specialist (C.C.P.S.) TCOLE Basic Instructor Certificate 1984 TCOLE Advanced Instructor 2012 TCOLE Master Peace Officer 1991 MP Special Operations Operator Counter-Terrorism 1988 Military Police Investigations (MPI) & Criminal Investigation Division (CID) Special Agent Graduate Drug Enforcement Administration Academy 1977 44- years Law Enforcement Experience 40-Years Teaching & Instructor Experience FAMS CERTIFIED INSTRUCTOR 2/17/2018

COURSE/LESSON OVERVIEW According

FORWARD Each year,

UNIT ONE 1.0 Unit Goal: The Child Safety Check Alert List law (CSCAL) has existed since 2005. All peace officers should be familiar with the CSCAL and the purpose of the list.

Learning Objectives Learning Objective 1.1: Participant will be able to discuss the purpose of the list. Learning Objective 1.2 : Participant will be able to provide some differences between a missing person report and CSCAL. Learning Objective 1.3 : Participant will be able to discuss the update to Family Code §261.301 Investigation of Report.

1.1 Purpose of the Child Safety Check Alert List (CSCAL) What is the CSCAL: The Child Safety Check Alert List (CSCAL) is a method for Child Protective Services to report the names of children and their legal guardians who they are attempting to locate for the purpose of……..

1.1 Purpose of the Child Safety Check Alert List (CSCAL) – Cont’d What is the CSCAL – Cont’d: investigating allegations or providing services. This report is submitted to the Texas Crime Information Center by the Child Protective Services (CPS) division of the Texas Department of Family Protective Services.

1.1 Purpose of the Child Safety Check Alert List (CSCAL) – Cont’d The Purpose of the CSCAL is for CPS to locate a child and the legal guardian(s) to: Investigate a report of child abuse or neglect or Provide protective services to a family receiving family-based safety services, which can include family preservation services.

1.2 What are some differences between a missing person report and CSCAL The child is with a legal guardian(s) Is only entered into TCIC (Texas only) Remains in the TCIC for twelve months

The legal guardian does not know the location of the child 1.2 What are some differences between a missing person report and CSCAL – Cont’d Missing Person The legal guardian does not know the location of the child The legal guardian can be the Department of Family and Protective Services, to include conservatorship of the child

Missing Person – Cont’d Is entered into NCIC 1.2 What are some differences between a missing person report and CSCAL – Cont’d Missing Person – Cont’d Is entered into NCIC Remains in the system indefinitely until located

1.3 Up-date to Texas Family Code §261.301 §261.301 of the Family Code provide guidelines for how and when DFPS and law enforcement should investigate jointly a report of abuse/neglect of a child. HB 2053 added a new subsection to explain requirements to investigate and respond to CSCAL related allegations.

1.3 Up-date to Texas Family Code §261.301 – Cont’d The new section reads as follows: (i) If at any time during an investigation of a report of child abuse or neglect to which the department has assigned the highest priority the department (Department of Family and Protective Services) is unable to locate the child who is the subject of the report of abuse

1.3 Up-date to Texas Family Code §261.301 – Cont’d The new section reads as follows: (Cont’d) or neglect or the child's family, the department shall notify the Department of Public Safety that the location of the child and the child's family is unknown.

1.3 Up-date to Texas Family Code §261.301 – Cont’d The new section reads as follows (Cont’d) If the Department of Public Safety locates the child and the child's family, the Department of Public Safety shall notify the department of the location of the child and the child's family.

DEFINE & PROCESS Explain 1.1: What CSCAL is and what is its purpose 19

DEFINE & PROCESS 1.2 Explain: Differences between CSCAL and Missing Person . Process: 20

Explain 1.3: Latest up-date to the Family Code DEFINE & PROCESS Explain 1.3: Latest up-date to the Family Code §261.301 Investigation of Report. Process: 21

QUESTIONS

UNIT TWO 2.0 Unit Goal: Encounters with persons listed on the Child Safety Check Alert List.

Learning Objectives Learning Objective 2.1 : Participant will be able to list steps they must perform upon encountering a person listed on the CSCAL. Learning Objective 2.2 : Participant will be able to describe the authority law enforcement has to temporarily detain a child and child’s family for the purposes of assessing the well-being of that child. Learning Objective 2.3 : Participant will be able to describe proper placement and release of a child.

2.0 Unit Goal: Encounters with persons listed on the Child Safety Check Alert List. There are various conclusions that can occur when an officer encounters someone listed on the CSCAL. An officer may need to take temporary possession of the child due to reasons unrelated to CSCAL.

There are various conclusions that can occur when an officer encounters someone listed on the CSCAL. – Cont’d: An officer may need to release the child to the Department of Protective and Family Services – CPS. An officer may need to release the child back to the custody of the legal guardian.

2.1 List steps must perform upon encountering a person listed on the CSCAL. Immediately contact the Department of Family and Protective Services on the department’s dedicated law-enforcement telephone number for statewide intake.

2.1 List steps must perform upon encountering a person listed on the CSCAL – Cont’d. Request information from the department regarding the circumstances of the case involving the child or other person.

2.1 List steps must perform upon encountering a person listed on the CSCAL – Cont’d. Request information from the child and the other person regarding the child’s safety, well-being and current residence.

2.2 Describe the authority LE has to temporarily detain a child and child’s family Describe the authority law enforcement has to temporarily detain a child and child’s family for the purposes of assessing the well-being of that child. Being observant of all persons in the vicinity of a law enforcement encounter should be exercised by officers at all times.

2.2 Describe the authority LE has to temporarily detain a child and child’s family – Cont’d: Describe the authority law enforcement has to temporarily detain a child and child’s family for the purposes of assessing the well-being of that child – Cont’d: This includes remaining alert for children and assessing the immediate safety and well-being of that child.

2.2 Describe the authority LE has to temporarily detain a child and child’s family – Cont’d: Describe the authority law enforcement has to temporarily detain a child and child’s family for the purposes of assessing the well-being of that child – Cont’d: There are different statutes which authorize law enforcement officers to take certain action to ensure a child’s safety and well-being before releasing that child.

2.2 Describe the authority LE has to temporarily detain a child and child’s family – Cont’d: Section 2.72 of the Code of Criminal Procedure provides the specific authority an officer has as it relates to the Child Safety Check Alert List. (b) the peace officer may temporarily detain the child or other person to ensure the safety and well-being of the child.

2.2.1 Once an officer notifies the DFPS The CPS Case Worker will make the decision whether to respond to the location of the officer and child or person of interest. Regardless of the response by CPS, the officer should assess the immediate safety and well-being of the child.

2.2.1 Once an officer notifies the DFPS - Cont’d: Existing statute under Family Code §262.104 allows an officer to take temporary possession of the child without a court order if certain circumstances exist. The conditions of Family Code §262.104 that permit law enforcement to take temporary possession are:

2.2.1 Once an officer notifies the DFPS - Cont’d: The conditions of Family Code §262.104 that permit LE to take temporary possession are: (1) on personal knowledge of facts that would lead a person of ordinary prudence and caution to believe that there is an immediate danger to the physical health or safety of the child;

2.2.1 Once an officer notifies the DFPS - Cont’d: The conditions of Family Code §262.104 that permit LE to take temporary possession are – Cont’d: (2) on information furnished by another that has been corroborated by personal knowledge of facts and all of which taken together would lead a person of ordinary prudence and caution to believe that there is an immediate danger to the physical health or safety of the child;

2.2.1 Once an officer notifies the DFPS - Cont’d: The conditions of Family Code §262.104 that permit LE to take temporary possession are – Cont’d: (3) on personal knowledge of facts that would lead a person of ordinary prudence and caution to believe that the child has been the victim of sexual abuse;

2.2.1 Once an officer notifies the DFPS - Cont’d: The conditions of Family Code §262.104 that permit LE to take temporary possession are – Cont’d: (4) on information furnished by another that has been corroborated by personal knowledge of facts and all of which taken together would lead a person of ordinary prudence and caution to believe that the child has been the victim of sexual abuse; or

2.2.1 Once an officer notifies the DFPS - Cont’d: The conditions of Family Code §262.104 that permit LE to take temporary possession are – Cont’d: (5) on information furnished by another that has been corroborated by personal knowledge of facts and all of which taken together would lead a person of ordinary prudence and caution to believe that the parent or person who has

2.2.1 Once an officer notifies the DFPS - Cont’d: The conditions of Family Code §262.104 that permit LE to take temporary possession are – Cont’d: (5) – Cont’d: possession of the child is currently using a controlled substance as defined by Chapter 481, Health and Safety Code, and the use constitutes an immediate danger to the physical health or safety of the child

2.2 Proper placement and release of a child. If an officer takes temporary possession of a child solely based on the conditions and authority of Family Code 262.104, then that officer may only release that child to certain authorized persons.

2.2 Proper placement and release of a child – Cont’d According to Family Code 262.1041, when an officer takes temporary possession of a child under the conditions of Family Code 262.104, that officer may only release to: (1) a child-placing agency licensed by the Department of Family and Protective Services under Chapter

2.2 Proper placement and release of a child – Cont’d Family Code 262.104, that officer may only release to: (1)- Cont’d: 42, Human Resources Code, if the agency is authorized by the department to take possession of the child;

2.2 Proper placement and release of a child – Cont’d Family Code 262.104, that officer may only release to: (2) the Department of Family and Protective Services; or (3) any other person authorized by law to take possession of the child.

QUESTIONS

DEFINE & PROCESS Explain 2.1: List steps you must follow/perform upon encountering a person listed on CSCAL Process: 47

DEFINE & PROCESS Explain 2.2: Describe the authority you as a Law Enforcement Officer have to temporary detain child and child’s family ref: well-being Process: 48

DEFINE & PROCESS Explain 2.2.1: What are conditions under Family Code §262.104 that permit law enforcement to take temporary possession. Process: 49

DEFINE & PROCESS Explain 2.3: Describe proper placement and release of a child Process: 50

UNIT THREE 3.0 UNIT GOAL: When an officer encounters a child or person listed on the Child Safety Alert Check List, they must complete proper reporting.

Learning Objectives Learning Objective 3.1 : Participant will be able to describe what information they must report to the Department of Family and Protective Services and to the Texas Crime Information Center.

3.1 Law Enforcement Officer must complete proper reporting. Once a law enforcement officer has encountered a person listed on the CSCAL and has assessed the safety of a child, if the officer or CPS does not take possession of the child, per CCP §2.272 the law enforcement officer must complete certain reporting.

3.1 Law Enforcement Officer must complete proper reporting – Cont’d: CCP §2.272 “(c) If the peace officer does not take temporary possession of the child, the officer shall obtain the child's current address and any other relevant information and report that information to the Department of Family and Protective Services”…..

3.1 Law Enforcement Officer must complete proper reporting – Cont’d: CCP §2.272 “(d) A peace officer who locates a child or other person listed on the Texas Crime Information Center's child safety check alert list and who reports the child's or other person's current address and other relevant information to the Department of….

3.1 Law Enforcement Officer must complete proper reporting – Cont’d: CCP §2.272 “(d)-Cont’d: ……. Family and Protective Services, shall report to the Texas Crime Information Center that the child or other person has been located and to whom the child was released, as applicable”.

Questions?

DEFINE & PROCESS Explain 3.1: What information you must report to the DFPS and to TCIC. Process: 58

CHILD SAFETY CHECK ALERT LIST SOURCES CHILD SAFETY CHECK ALERT LIST TCOLE Course #4068 All Course Sources and/or Resources are listed in your Participant Handout Bexar County Constable Office PCT#4

EVALUATION & TEST Complete Instructor/Course Evaluation form. Final Test Review Final Test Grading Graduation

COURSE & INSTRUCTOR EVALUATION Form Please complete a course and instructor evaluation form. If you rate 2 or below you must justify on reverse side. Constructive Criticism helps all, being negative helps no one.

“POWER” Stay informed, stay SAFE, stay Vigilant & stay Alive” Graduation “Knowledge is “POWER” Stay informed, stay SAFE, stay Vigilant & stay Alive” PROTECT & SERVE Our Citizens.

“MAY GOD KEEP YOU ALL SAFE & VILIGANT” TEACH SO THAT OTHERS MAY LEARN “MAY GOD KEEP YOU ALL SAFE & VILIGANT”