Contracts
DFPS Vendors & SSCCs: Review Master Service Agreements (MSAs) regarding compliance with the Texas Family Code. A failure by vendor staff to provide the required notices—resulting in a court’s inability to confirm compliance—will constitute a performance failure under state contracts.
Hiring/Training
Investigative Staff: Case managers and investigators (both public and private) require immediate training on the specific notices under Sections 261.307, 261.3027, and 261.3091. Staff must be trained to deliver these notices *before* commencing an interview, not as an afterthought.
Reporting & Record-Keeping
The "Notice Packet": Entities conducting investigations must implement a mandatory documentation step.
- Forms: Create a "Notice of Rights Acknowledgement" form to be signed by the alleged perpetrator.
- Digital Evidence: If the interview is recorded, the investigator must verbally recite the rights and obtain verbal acknowledgement on the recording.
- Court Orders: Defense counsel must ensure the court’s confirmation (or lack thereof) is memorialized in the temporary orders following the adversary hearing.
Fees & Costs
No Direct Fee Changes: There are no new statutory filing fees. However, failure to provide notice may result in increased litigation costs due to hearing delays, continuances, or motions to exclude evidence.
