Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 1 - DEFINITIONS › Section 707.703 - What do the following terms mean when used in this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
The following terms have the following meanings when
						used in this subchapter:
(1) Alleged
					 Perpetrator--a person being investigated by us because the person is alleged to
					 have abused, neglected, or exploited a child in a child care
					 operation.
(2) Caregiver--A person
					 whose duties include the supervision, guidance, and protection of a child or
					 children.
(3) Central registry--A
					 Texas Department of Family and Protective Services (DFPS) database of persons
					 who have been found by DFPS to have abused, neglected, or exploited a child,
					 including abusing, neglecting, or exploiting a child in a child care operation.
					 See subchapter C, chapter 702, of this title (relating to Child Abuse and
					 Neglect Central Registry).
(4)
					 Child--A person under 18 years of age.
(5) Child Care Investigations (CCI) --a
					 program of the Child Protective Investigations division of the Department of
					 Family and Protective Services that investigates allegations of child abuse,
					 neglect, and exploitation in child care operations.
(6) Child Care Licensing (CCL) --a department
					 of the Regulatory Services Division of the Texas Health and Human Services
					 Commission that regulates child care operations under Chapter 42, Human
					 Resources Code. CCL was formerly under the Texas Department of Family and
					 Protective Services until September 1, 2017.
(7) Child care operation--a facility, family
					 home, or other entity that is subject to regulation by CCL under Chapter 42,
					 Human Resources Code, regardless of whether the operation has received the
					 necessary permit to provide the child care under that chapter.
(8) Collateral witness--any person not
					 directly involved in the incident but who may be able to provide information
					 regarding the incident being investigated, the children and adults involved in
					 the incident, and the type of care and supervision provided at the
					 operation.
(9) Designated
					 perpetrator--A person on the DFPS central registry found by us to have abused,
					 neglected, or exploited a child in a child care operation, but who has not
					 exhausted the right to a due process hearing. See division 7 of this subchapter
					 (relating to Due Process Hearings).
(10) Finding of abuse, neglect, or
					 exploitation--A determination that we made at the completion of an
					 investigation based on the evidence gathered that a preponderance of the
					 evidence supports the allegation(s) of child abuse, neglect, or exploitation in
					 a child care operation.
(11) Intake
					 Report--An allegation of child abuse, neglect, or exploitation in a child care
					 operation.
(12) Parent--A child's
					 biological mother or father, adoptive mother or father, or person that has
					 legal responsibility for or legal custody of a child, including the managing
					 conservator or legal guardian. The term does not include a parent whose
					 parental rights have been terminated.
(13) Preponderance of evidence--Evidence
					 which is of greater weight or more convincing than the evidence which is
					 offered in opposition to it; that is, evidence which as a whole shows that the
					 fact sought to be proved is more probable than not.
(14) Principal--all alleged victims, all
					 alleged perpetrator, and all household members of a foster or group home in the
					 current investigation.
(15)
					 Single-source continuum contractor (SSCC) --the entity that DFPS contracts with
					 to provide the full continuum of foster care and case management services to
					 children and families on behalf of Child Protective Services within a
					 designated geographic area for purposes of implementing community-based care as
					 defined in Texas Family Code §
											264.152(4).