(a) After initiating an investigation of a parent or other person having legal custody of a child, the department shall, upon first contact with the parent or with the alleged perpetrator, provide to the person:
(1) a written summary that:
(A) is brief and easily understood;
(B) is written in a language that the person understands, or if the person is illiterate, is read to the person in a language that the person understands; and
(C) contains the following information:
(i) the department’s procedures for conducting an investigation of alleged child abuse or neglect, including:
(a) a description of the circumstances under which the department would request to remove the child from the home through the judicial system;
(b) an explanation that the law requires the department to refer all reports of alleged child abuse or neglect to a law enforcement agency for a separate determination of whether a criminal violation occurred; and
(c) an explanation that any statement or admission made by the person to anyone may be used against the person in a criminal case, as a basis to remove the child who is the subject of the investigation or any other child from the person’s care, custody, and control either temporarily or permanently, or as a basis to terminate the person’s relationship with the child who is the subject of the investigation or any other child;
(ii) the person’s right to file a complaint with the department or to request a review of the findings made by the department in the investigation;
(iii) the person’s right to review all records of the investigation unless the review would jeopardize an ongoing criminal investigation or the child’s safety;
(iv) the person’s right to seek legal counsel;
(v) references to the statutory and regulatory provisions governing child abuse and neglect and how the person may obtain copies of those provisions;
(vi) the process the person may use to acquire access to the child if the child is removed from the home;
(vii) the rights listed under Subdivision (2); and
(viii) the known allegations the department is investigating;
(2) a verbal notification of the right to:
(A) not speak with any agent of the department without legal counsel present;
(B) receive assistance from an attorney;
(C) have a court-appointed attorney if:
(i) the person is indigent;
(ii) the person is the parent of the child; and
(iii) the department seeks a court order in a suit filed under § 262.101 or 262.105 or a court order requiring the person to participate in services under § 264.203;
(D) record any interaction or interview subject to the understanding that the recording may be subject to disclosure to the department, law enforcement, or another party under a court order;
(E) refuse to allow the investigator to enter the home or interview the child without a court order;
(F) have legal counsel present before allowing the investigator to enter the home or interview the child;
(G) withhold consent to the release of any medical or mental health records;
(H) withhold consent to any medical or psychological examination of the child;
(I) refuse to submit to a drug test; and
(J) consult with legal counsel prior to agreeing to any proposed voluntary safety plan;
(3) if the department determines that removal of the child may be warranted, a proposed child placement resources form that:
(A) instructs the parent or other person having legal custody of the child to:
(i) complete and return the form to the department or agency;
(ii) identify in the form at least three individuals who could be relative caregivers or designated caregivers, as those terms are defined by § 264.751;
(iii) ask the child in a developmentally appropriate manner to identify any adult, particularly an adult residing in the child’s community, who could be a relative caregiver or designated caregiver for the child; and
(iv) list on the form the name of each individual identified by the child as a potential relative caregiver or designated caregiver; and
(B) informs the parent or other person of a location that is available to the parent or other person to submit the information in the form 24 hours a day either in person or by facsimile machine or e-mail; and
(4) an informational manual required by § 261.3071.
(b) The child placement resources form described by Subsection (a)(3) must include information on the periods of time by which the department must complete a background check.