In an era where smartphones and home security cameras make recording everyday interactions commonplace, the question of whether parents can legally videotape Child Protective Services (CPS) workers or court appointed professionals during home visits that include interviews of children has become increasingly relevant. There are legal and ethical considerations to such attempts to record.

Texas

Texas is a one-party consent state for audio recordings, meaning that only one party to a conversation needs to consent to the recording. However, video recordings in private spaces present a more complex legal landscape. In 2021, Chapter 261 of the Texas Family Code was revised to add Section 261.3027, which mandates that prior to interviewing someone alleged to have committed child abuse, CPS must inform the individual both orally and in writing that the individual being interviewed may “create an audio or video recording of the interview, but may not record it in any other manner,” that such a recording may later be subpoenaed, and that the individual being recorded has the right to request and obtain a copy of CPS’ recording policy. The newly revised statute prohibits individuals from posting any recording of CPS’ interview with an alleged perpetrator on any internet website in a way that would allow the identification of a party to the interview. In other words, to post the interview might involve disguising the sound of a person’s voice and/or the blurring of the faces of the parties depicted in the recording. To assure compliance, Texas CPS workers are required by the statute to provide oral and written notices to parents regarding their right to record, with a copy of the written notice to be placed in the CPS file. By contrast, 2023 revisions to legislation in Texas mandate that court appointed child custody evaluators in Texas must create and maintain audiovisual recordings of any interviews of minor children.