reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter S - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 705.1919 - What are the procedures for requesting access to confidential information?

Current through Reg. 49, No. 28; July 12, 2024
(a) A request
				  for access to case records must be submitted on DFPS's Request for Records
				  form. DFPS may waive the use of this form or may request additional information
				  not included on the form, if appropriate under the circumstances surrounding a
				  particular request.
(b) DFPS's
				  Request for Records form provides additional instructions regarding the proper
				  filing of the request and any fees that must be paid to obtain copies of the
				  requested records. The methodology for calculating fees is the same as that
				  used by DFPS when responding to any other request for records for which there
				  is a charge.
(c) Upon receipt of a
				  proper request for copies of records, proof of the requester's identity, and a
				  determination that the requester is entitled to have access to those records,
				  DFPS redacts the case records as required, assesses necessary fees, and upon
				  payment, provides copies of the requested records, subject to the exceptions
				  described in this subchapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter S - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 705.1921 - Who has access to videotapes, audiotapes, and photographs?

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons authorized under this subchapter
				  or other law to have access to investigation records or case records may view
				  and or listen to any videotapes, audiotapes, or photographs which are a part of
				  the case record. Access to this category of records is permitted in controlled
				  areas, designated by DFPS, at a time mutually convenient to the requester and
				  DFPS. When viewing or listening to these records, the requester may not be
				  accompanied by any person who would not otherwise be entitled to have access to
				  these records, unless DFPS determines the participation of this person is
				  appropriate under the circumstances surrounding the request.
(b) Copies of videotapes, audiotapes, and
				  photographs may be provided to the persons or entities by DFPS if provision of
				  a copy is essential to the investigation, prosecution, or resolution of a case.
				  Copies of videotapes, audiotapes, and photographs will not be provided to any
				  other person unless so ordered by a court pursuant to Texas Human Resources
				  Code, §
										48.101(c).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter S - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 705.1923 - Who receives copies of reports of investigations in schools?

Current through Reg. 49, No. 28; July 12, 2024
(a) DFPS sends a written report of an
				  investigation of alleged abuse, neglect, or financial exploitation of an adult
				  with a disability at school, as appropriate, to the State Board for Educator
				  Certification, the local school board or the school's governing body, and the
				  school principal or director, unless the principal or director is the alleged
				  perpetrator. DFPS edits the report to protect the identity of the
				  reporter.
(b) DFPS sends a copy of
				  the report required by subsection (a) of this section to the alleged
				  perpetrator upon request.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 705 - ADULT PROTECTIVE SERVICES › Subchapter S - CONFIDENTIALITY AND RELEASE OF RECORDS › Section 705.1925 - Do records lose their confidential status when released under Texas Human Resources Code, Chapter 48, or this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
No. The person or entity that obtains confidential case
					 records is responsible by law for proper use of and maintaining the
					 confidentiality of the records. Improper release of records is punishable as a
					 criminal offense under Texas Human Resources Code, §
										40.005.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.447 - What do the following pronouns mean when used in this division?

Current through Reg. 49, No. 28; July 12, 2024
The following words have the following meanings when
						used in this division:
(1) I, my, you,
					 and your--A person being investigated by the Investigations program for
					 allegations of child abuse or neglect unless otherwise stated or the context
					 clearly indicates otherwise.
(2)
					 We, us, and our--The Investigations program of the Child Protective
					 Investigations division of the Texas Department of Family and Protective
					 Services unless otherwise stated or the context clearly indicates
					 otherwise.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.449 - What is the purpose of this division?

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this division is to describe procedures
						for the report, investigation, and review of reports alleging abuse and neglect
						of a child by a person responsible for the child's care, custody, or welfare.
						In addition, the rules relating to the definitions of abuse and neglect are
						intended to further supplement and clarify the statutory definitions of abuse
						and neglect in Texas Family Code §
											261.001.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.451 - What terms and definitions are used in reports, investigations, and assessments of abuse and neglect?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 following terms have the following meanings when used in this subchapter:
(1) An absent parent or non-custodial
					 parent--a parent who, at the time of the occurrence of the conduct which is the
					 basis for the investigation, does not have actual possession or control of the
					 child and is not primarily responsible for the child's care because of any of
					 the following:
(A) Divorce;
(B) Separation;
(C) Incarceration; or
(D) Any other reason that results in the
					 parent not having actual possession or control and primary responsibility of
					 the child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.453 - What is emotional abuse?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Emotional abuse is a subset of the statutory definitions of abuse that appear
					 in Texas Family Code §
											261.001(1)
					 and includes the following acts or omissions by a person:
(1) Mental or emotional injury to a child
					 that results in an observable and material impairment in the child's growth,
					 development, or psychological functioning;
(2) Causing or permitting the child to be in
					 a situation in which the child sustains a mental or emotional injury that
					 results in an observable and material impairment in the child's growth,
					 development, or psychological functioning; or
(3) The current use by a person of a
					 controlled substance as defined by Chapter 481, Health and Safety Code, in a
					 manner or to the extent that the use results in mental or emotional injury to a
					 child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.455 - What is physical abuse?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Physical abuse is a subset of the statutory definitions of abuse that appear in
					 Texas Family Code §
											261.001(1)
					 and includes the following acts or omissions by a person:
(1) Physical injury that results in
					 substantial harm to the child, or the genuine threat of substantial harm from
					 physical injury to the child, including an injury that is at variance with the
					 history or explanation given and excluding an accident or reasonable discipline
					 by a parent, guardian, or managing or possessory conservator that does not
					 expose the child to a substantial risk of harm;
(2) Failure to make a reasonable effort to
					 prevent an action by another person that results in physical injury that
					 results in substantial harm to the child;
(3) The current use by a person of a
					 controlled substance as defined by Chapter 481, Health and Safety Code, in a
					 manner or to the extent that the use results in physical injury to a child; or
(4) Causing, expressly permitting,
					 or encouraging a child to use a controlled substance as defined by Chapter 481,
					 Health and Safety Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.457 - What is sexual abuse?

Current through Reg. 49, No. 28; July 12, 2024
(a) Sexual
					 abuse is a subset of the statutory definitions of abuse that appear in Texas
					 Family Code §
											261.001(1)
					 and includes the following acts or omissions by a person:
(1) Sexual conduct harmful to a child's
					 mental, emotional, or physical welfare, including:
(A) Conduct that constitutes the offense of
					 continuous sexual abuse of young child or disabled individual under §
													21.02,
					 Penal Code;
(B) Indecency with a
					 child under §
													21.11,
					 Penal Code;
(C) Sexual assault
					 under §
													22.011, Penal
					 Code; or
(D) Aggravated sexual
					 assault under §
													22.021,
					 Penal Code;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.459 - What is labor trafficking?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Labor trafficking is a subset of the statutory definitions of abuse that appear
					 in Texas Family Code §
											261.001(1)
					 and includes the following acts or omissions by a person:
(1) Knowingly causing, permitting,
					 encouraging, engaging in, or allowing a child to be trafficked in a manner
					 punishable as an offense under §
												20A.02(a)(5) or
					 (6), Penal Code; or
(2) The failure to make a reasonable effort
					 to prevent a child from being trafficked in a manner punishable as an offense
					 under §
												20A.02(a)(5) or
					 (6), Penal Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.461 - What is sex trafficking?

Current through Reg. 49, No. 28; July 12, 2024
(a) Sex
					 trafficking is a subset of the statutory definitions of abuse that appear in
					 Texas Family Code §
											261.001(1)
					 and includes the following acts or omissions by a person:
(1) Knowingly causing, permitting,
					 encouraging, engaging in, or allowing a child to be trafficked in a manner
					 punishable as an offense under §
												20A.02(a)(7) or
					 (8), Penal Code; or
(2) The failure to make a reasonable effort
					 to prevent a child from being trafficked in a manner punishable as an offense
					 under §
												20A.02(a)(7) or
					 (8), Penal Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.463 - What is forced marriage?

Current through Reg. 49, No. 28; July 12, 2024
Forced marriage is a subset of the statutory definitions
						of abuse that appear in Texas Family Code §
											261.001(1)
						and includes the following act or omission by a person: forcing or coercing a
						child to enter into a marriage.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.465 - What is abandonment?

Current through Reg. 49, No. 28; July 12, 2024
Neglect is defined in Texas Family Code (TFC)
						§261.001(4) as an act or failure to act by a person responsible for a
						child's care, custody, or welfare evidencing the person's blatant disregard for
						the consequences of the act or failure to act that results in harm to the child
						or that creates an immediate danger to the child's physical health or safety.
						Abandonment is a subset of the statutory definition of neglect and involves
						leaving a child in a situation where the child would be exposed to an immediate
						danger of physical or mental harm, without arranging for necessary care for the
						child, and the demonstration of an intent not to return by a parent, guardian,
						or managing or possessory conservator of the child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.467 - What is neglectful supervision?

Current through Reg. 49, No. 28; July 12, 2024
(a) Neglect is defined in Texas Family Code
					 (TFC) §261.001(4) as an act or failure to act by a person responsible for
					 a child's care, custody, or welfare evidencing the person 's blatant disregard
					 for the consequences of the act or failure to act that results in harm to the
					 child or that creates an immediate danger to the child's physical health or
					 safety. Neglectful supervision is a subset of the statutory definition of
					 neglect and involves the following acts or omissions by a person:
(1) Placing a child in or failing to remove a
					 child from a situation that a reasonable person would realize requires judgment
					 or actions beyond the child's level of maturity, physical condition, or mental
					 abilities and that results in bodily injury or an immediate danger of harm to
					 the child;
(2) Placing a child in
					 or failing to remove the child from a situation in which the child would be
					 exposed to an immediate danger a substantial risk of sexual conduct harmful to
					 the child; or
(3) Placing a child
					 in or failing to remove the child from a situation in which the child would be
					 exposed to acts or omissions that constitute abuse under TFC
					 §261.001(1)(E), (F), (G), (H), or (K) committed against another
					 child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.471 - What is physical neglect?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Neglect is defined in Texas Family Code (TFC) §261.001(4) as an act or
					 failure to act by a person responsible for a child's care, custody, or welfare
					 evidencing the person 's blatant disregard for the consequences of the act or
					 failure to act that results in harm to the child or that creates an immediate
					 danger to the child's physical health or safety. Physical neglect is a subset
					 of the statutory definition of neglect and involves the following acts or
					 omissions by a person: the failure to provide a child with food, clothing, or
					 shelter necessary to sustain the life or health of the child, excluding failure
					 caused primarily by financial inability unless relief services had been offered
					 and refused.
(b) In this section,
					 the following terms have the following meanings:
(1) "...necessary to sustain the life or
					 health of the child ...." is a condition of the statutory definition of
					 physical neglect and is met if the failure to provide food, clothing, or
					 shelter results in an observable and material impairment to the child's growth,
					 development, or functioning, or in an immediate danger of an observable and
					 material impairment. For purposes of this paragraph, "observable and material
					 impairment" means discernible and substantial damage or deterioration to the
					 child's health or physical condition. It may include but is not limited to
					 malnourishment; sudden or extreme weight loss; serious skin conditions or skin
					 breakdown; serious illness or other serious medical conditions; or any other
					 serious physical harm to the child as a direct result of the physical
					 neglect.
(2) "Relief services"
					 means both public and private services, including but not limited to services
					 provided through the government, community agencies, volunteer organizations,
					 relatives, friends, neighbors, etc., that are intended to improve the overall
					 well-being and physical condition of the family. The services must be
					 affordable, reasonable, readily available, and appropriate to meet the needs of
					 the family. It is not necessary that the relief services be provided by
					 us.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.473 - What is refusal to assume parental responsibility (RAPR)?

Current through Reg. 49, No. 28; July 12, 2024
(a) Neglect is defined in Texas Family Code
					 (TFC) §261.001(4) as an act or failure to act by a person responsible for
					 a child's care, custody, or welfare evidencing the person 's blatant disregard
					 for the consequences of the act or failure to act that results in harm to the
					 child or that creates an immediate danger to the child's physical health or
					 safety. RAPR is a subset of the statutory definition of neglect and involves
					 the following acts or omissions by a person: the failure by the person
					 responsible for a child's care, custody, or welfare to permit the child to
					 return to the child's home without arranging for the necessary care for the
					 child after the child has been absent from the home for any reason, including
					 having been in residential placement or having run away.
(b) We will not make a finding of abuse or
					 neglect against you and will not put your name on the child abuse and neglect
					 central registry described in subchapter C, chapter 702, of this title
					 (relating to Child Abuse and Neglect Central Registry) if you refuse to permit
					 the child to remain in or return to the child's home because:
(1) The child has a severe emotional
					 disturbance;
(2) The refusal is
					 based solely on your inability to obtain mental health services necessary to
					 protect the safety and well-being of the child; and
(3) You have exhausted all reasonable means
					 available to you to obtain the mental health services described
					 above.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.477 - When do we make a finding of emotional abuse, physical abuse, or neglectful supervision against a person responsible for a child's care, custody, or welfare in an investigation involving domestic violence?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you are a victim of domestic violence,
					 we will not make a finding of abuse or neglect against you solely because the
					 domestic violence was committed in close physical proximity to the child. If
					 the child is at risk of bodily injury or substantial risk of physical, mental,
					 or emotional harm due solely to the violence committed against you, we will
					 make a finding against you for failing to remove the child from that risk of
					 harm only if, after considering the totality of the circumstances, we
					 determine:
(1) you failed to take advantage
					 of services or supports that would have protected the child;
(2) the services or supports were known to
					 you; and
(3) the services or
					 supports were reasonably available to you in the past or made available during
					 the course of the investigation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.481 - What are our responsibilities in receiving reports of child abuse and neglect?

Current through Reg. 49, No. 28; July 12, 2024
(a) The Statewide
					 Intake division of the Texas Department of Family and Protective Services
					 (DFPS) receives reports of child abuse and neglect 24 hours a day, seven days a
					 week.
(b) DFPS must assist the
					 public in understanding what to report and which protective interventions are
					 available in response. If a report clearly does not involve child abuse or
					 neglect or risk of abuse or neglect, DFPS may provide information and refer the
					 reporter to other community services to help the child and family.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.483 - Are there certain allegations we do not classify as reports of abuse or neglect?

Current through Reg. 49, No. 28; July 12, 2024
(a) We will not
					 classify reports about the following types of circumstances as allegations of
					 abuse or neglect or risk of abuse or neglect:
(1) Truancy. Voluntary absence from school
					 without a valid excuse.
(2)
					 Runaway. A child who is voluntarily absent from the home without the consent of
					 the parent or guardian.
(3)
					 Children in need of supervision (CHINS). Children from ages 10 to 17 who are
					 before a juvenile court for offenses under the Texas Family Code, §
												51.03(b).
(4) Latch-key children. School-age children
					 left unattended part of the day, whose parents have taken appropriate
					 precautions to assure the children's safety; and
(5) Harmful or violent children. Children who
					 harm or commit violent acts against other children but are not members of the
					 alleged victim's family or household, and who are not themselves abused or
					 neglected.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.485 - What are the timeframes within which we must respond to a report of child abuse or neglect assigned for investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Family and
					 Protective Services assigns priorities for reports of abuse and neglect based
					 on the assessment of the immediacy of the risk and the severity of the possible
					 harm to the child. Prior to initiating an investigation, we will review the
					 intake report to determine if the initial priority and action recommended is
					 appropriate or must be updated.
(1) Priority
					 I reports concern children who appear to face an immediate risk of abuse or
					 neglect that could result in death or serious harm.
(2) Priority II reports are all other reports
					 of abuse or neglect that are not assigned a Priority I.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.487 - Do we notify law enforcement of all reports received of child abuse or neglect?

Current through Reg. 49, No. 28; July 12, 2024
Yes. We must notify appropriate law enforcement agencies
						of reports of child abuse or neglect within the following time frames:
(1) Within 24 hours of receiving a priority I
					 report, a sexual abuse report, or a report alleging abuse or neglect in a
					 public or private school. The initial notification may be provided using a
					 method that is mutually agreed upon between DFPS and the law enforcement
					 agency. This deadline applies even if subsequent information shows that the
					 report is unfounded or does not qualify for priority I treatment. If we provide
					 the initial notification orally, we must also provide a written notification
					 within three days after receiving the report.
(2) We must send a written notification of
					 all other reports within three days of receiving them.
(3) Reports submitted electronically are
					 considered written notification for purposes of this section.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.489 - How do we respond to reports of child abuse or neglect?

Current through Reg. 49, No. 28; July 12, 2024
(a) When the Statewide Intake (SWI) division
					 of the Texas Department of Family and Protective Services (DFPS) receives a
					 report of alleged abuse or neglect of a child, we may respond with any of the
					 following protective interventions, as further described in this section:
(1) Closure without assignment for
					 investigation following screening;
(2) Administrative closure;
(3) An abbreviated investigation;
(4) A thorough investigation; or
(5) An alternative
					 response.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.491 - What procedures apply when the investigator makes contact with and conducts interviews of parent(s) and alleged perpetrator(s) during an investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) At the
					 first contact with the parent(s) or with the alleged perpetrator(s), regardless
					 of whether or not the first contact is in person, the investigator must:
(1) Identify himself or herself;
					 and
(2) Advise the parent(s) or
					 alleged perpetrator(s) of the complaints or allegations in the report while
					 protecting the identity of the reporter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.493 - When will we directly purchase medical examinations for children during an investigation of abuse and neglect?

Current through Reg. 49, No. 28; July 12, 2024
(a) Medical, psychological, or psychiatric
					 examinations may be paid for by:
(1) Families
					 who are willing to pay or to use family insurance;
(2) Local resources that make examinations
					 available without cost; or
(3)
					 Local funds.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.495 - How do we make dispositions after completing the investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) At the end of the investigation, we must
					 assign a disposition to each allegation identified for the investigation in
					 order to:
(1) Specify the conclusions about
					 the occurrence of abuse or neglect;
(2) Derive the overall disposition for the
					 investigation; and
(3) Derive the
					 overall role for each person with respect to the abuse or neglect that was
					 investigated.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.497 - What roles can we assign to persons involved in a case after the investigation is complete?

Current through Reg. 49, No. 28; July 12, 2024
(a) We only
					 investigate an individual as a possible perpetrator of child abuse or neglect
					 if the individual is:
(1) At least 10 years
					 old; and
(2) A member of the family
					 or household.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.499 - Who will we notify of the investigation results?

Current through Reg. 49, No. 28; July 12, 2024
(a) Required notification in abbreviated
					 ruled out and thorough investigations.
(1) We
					 must notify the following parties about the findings of an abbreviated ruled
					 out or thorough investigation unless one of the exceptions specified in
					 subsection (d) of this section apply:
(A)
					 Each parent or other person with primary or legal responsibility for each
					 alleged victim or alleged perpetrator who is a minor;
(B) Each person identified as an alleged
					 perpetrator. For an alleged perpetrator who is a minor, we may send the notice
					 to the child's parents or other person with primary or legal responsibility for
					 the child; and
(C) The reporter, if
					 the reporter's identity is known.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.501 - When do we conduct risk and safety assessments?

Current through Reg. 49, No. 28; July 12, 2024
(a) Overview. During an investigation, we
					 must assess both the immediate safety of the children in the home and the risk
					 of recurrence of abuse or neglect.
(1)
					 Assessing safety. We conduct a formal safety assessment to assess the presence
					 or absence of danger indicators in the home during each contact with the family
					 to determine whether the child is safe in the home.
(2) Assessing risk. Unless the conditions
					 specified in subsection (b) of this section exist, we conduct a formal risk
					 assessment to assess the likelihood that abuse or neglect will reoccur in the
					 foreseeable future.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.503 - When will we intervene for the purpose of providing immediate or short-term protection to a child?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 We will intervene to provide for a child's immediate or short-term safety when:
(1) The child is at risk of abuse or neglect
					 in the immediate or short-term future; and
(2) The child's family is unwilling or unable
					 to protect the child without intervention.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.505 - What are the requirements for an administrative review of investigation findings?

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
					 an Administrative Review of Investigation Findings (ARIF) is to provide an
					 informal review process for a person who has been designated as a perpetrator
					 or victim/perpetrator of child abuse or neglect as specified in §
					 707.497(b)(2) or (3) of this subchapter (relating to What roles can we assign
					 to persons involved in a case after the investigation is complete?).
(b) To be eligible, you must request an ARIF,
					 in writing, within 45 days after receiving notice of the findings of the
					 investigation. If you are 18 years of age or older and are requesting an ARIF
					 to challenge a reason-to-believe finding made against you when you were a
					 minor, your request will be considered timely and we will grant your request if
					 you have not previously had an ARIF and are not otherwise found
					 ineligible.
(c) You will not be
					 entitled to an ARIF for a finding of abuse or neglect if a court of competent
					 jurisdiction has already issued a ruling consistent with that specific
					 finding.
(d) Except as provided in
					 subsection (f) of this section, within 45 days after the date we receive your
					 request for an ARIF, we must:
(1) Conduct the
					 ARIF; or
(2) Notify you that your
					 request has been denied because you are not eligible for an ARIF, as specified
					 in this section.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.507 - What notification requirements apply to an investigation of a person that also has placement of child(ren) in the managing conservatorship of the Texas Department of Family and Protective Services (DFPS) or is a DFPS foster or adoptive home?

Current through Reg. 49, No. 28; July 12, 2024
(a) If there is a
					 reason-to-believe finding of abuse or neglect of a child that is not in the
					 managing conservatorship of the Texas Department of Family and Protective
					 Services (DFPS) and the home also has children that are in DFPS's managing
					 conservatorship, we must notify:
(1) The
					 court having jurisdiction;
(2) The
					 attorney ad litem;
(3) The guardian
					 ad litem, if one is appointed; and
(4) The child's parents.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.509 - What standards for conducting investigations of abuse and neglect apply to the Investigations program?

Current through Reg. 49, No. 28; July 12, 2024
To encourage professionalism and consistency in the
						investigation of reports of child abuse and neglect, as specified in the Texas
						Family Code (TFC) §261.310, the Texas Department of Family and Protective
						Services adopts the following standards for individuals who investigate reports
						of child abuse and neglect:
(1) Each
					 individual responsible for investigating reports of child abuse and neglect, or
					 for conducting interviews during investigations of child abuse and neglect,
					 must receive a minimum of 12 hours of professional training every
					 year.
(2) The professional training
					 curriculum for individuals who conduct investigations or investigation
					 interviews must include information about:
(A)
					 Abuse and neglect as defined in TFC §261.001 including the distinction
					 between:
(i) Physical injuries resulting from
					 abuse; and
(ii) Ordinary childhood
					 injuries;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.511 - On whom do we conduct criminal history records checks during the course of an investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) As
					 provided in Government Code §
											411.114, we must
					 obtain criminal history record information maintained by the Texas Department
					 of Public Safety (DPS) regarding an alleged perpetrator unless the alleged
					 perpetrator is a victim/perpetrator in the report.
(b) When necessary to complete a safety
					 assessment, risk assessment, family assessment, or other assessment (including
					 home studies or child care arrangements), we are entitled to obtain criminal
					 history record information maintained by DPS regarding any of the following
					 parties:
(1) Persons living in the residence
					 in which the alleged victim resides;
(2) Persons providing, at the request of the
					 child's parent, in-home care for an alleged child victim; and
(3) Persons providing, at the request of the
					 child's parent, in-home care for a child, as long as the person provides
					 written consent to the release and disclosure of the information.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.513 - What provisions govern the release and maintenance of records generated in conjunction with an investigation conducted by Investigations?

Current through Reg. 49, No. 28; July 12, 2024
(a) Investigation records are confidential
					 case records pursuant to the federal Child Abuse Prevention and Treatment Act
					 and Texas Family Code (TFC) §261.201, and as further provided in
					 subchapter B, chapter 700, of this title (relating to Confidentiality and
					 Release of Records).
(b) We will
					 withhold or release confidential case records that are gathered and maintained
					 in response to a report of abuse or neglect of a child, as authorized by state
					 and federal law, and in accordance with governing rules in subchapter B,
					 chapter 700.
(c) We maintain
					 investigation records in accordance with the Investigations published records
					 retention schedule on the DFPS website.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.515 - How does the Texas Department of Family and Protective Services assign roles upon receipt of a report alleging child abuse or neglect?

Current through Reg. 49, No. 28; July 12, 2024
When a report of abuse or neglect is initially received
						by the Statewide Intake division of the Texas Department of Family and
						Protective Services (DFPS), each person named in the report is assigned one of
						the following roles:
(1) Alleged
					 victim. An alleged victim is a child who is suspected of being a victim of
					 abuse or neglect as defined in Texas Family Code (TFC) §261.001(1) and
					 (4).
(2) Alleged perpetrator. An
					 alleged perpetrator is a person responsible for the child's care, custody, or
					 welfare as defined in TFC §261.001(5)(A)-(C), who is suspected of
					 committing the alleged abuse or neglect.
(3) Alleged victim/perpetrator. An alleged
					 victim/perpetrator is a child 10 years of age or older who is suspected of
					 both:
(A) being a victim as described under
					 paragraph (1) of this section; and
(B) abusing or neglecting other children in
					 the family/household named in the same report.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 1 - INTAKE, INVESTIGATION AND ASSESSMENT › Section 707.517 - When is a person alleged to have committed abuse or neglect of a child entitled to request that we remove information from our records regarding that person's role as an alleged perpetrator in an investigation?

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Texas Family Code §
											261.315, you will be
					 entitled to request removal of information from our records concerning your
					 role as an alleged perpetrator in an investigation if all of the allegations
					 against you in that investigation are ruled-out:
(1) At the conclusion of the investigation
					 which has been approved for closure by a supervisor;
(2) As the result of an administrative review
					 of investigation findings (ARIF) conducted pursuant to § 707.505 of this
					 subchapter (relating to What are the requirements for an administrative review
					 of investigation findings?);
(3) As
					 the result of a review conducted by the Office of Consumer Relations under
					 division 3, subchapter I, chapter 702, of this title (relating to Office of
					 Consumer Affairs Review of Perpetrator Designation);
(4) As the result of a due process hearing,
					 when eligible, as provided in subchapter F, chapter 700, of this title
					 (relating to Release Hearings); or
(5) As the result of any other final ruling
					 which has the legal effect of ruling out all allegations against you from that
					 investigation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 2 - ALTERNATIVE RESPONSE › Section 707.549 - What do the following pronouns mean when used in this division?

Current through Reg. 49, No. 28; July 12, 2024
The following words have the following meanings when
						used in this division: We, us, and our--The Investigations program of the Child
						Protective Investigations division of the Texas Department of Family and
						Protective Services unless otherwise stated or the context clearly indicates
						otherwise.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 2 - ALTERNATIVE RESPONSE › Section 707.551 - What is alternative response?

Current through Reg. 49, No. 28; July 12, 2024
Alternative response is a type of protective intervention
						conducted by the Investigations program of the Child Protective Investigations
						division of the Texas Department of Family and Protective Services (DFPS) in
						response to allegations of abuse or neglect of a child by a person responsible
						for the child's care, custody or welfare as defined in TFC
						§261.001(5)(A)-(C), that is an alternative to an abbreviated or thorough
						investigation as described in § 707.489 of this subchapter (relating to
						How do we respond to reports of child abuse or neglect?). Cases that are
						handled with alternative response:
(1)
					 do not result in a formal disposition of the allegations of abuse or neglect as
					 provided in § 707.495 of this subchapter (relating to How do we make
					 dispositions after completing the investigation?) or in the designation of a
					 perpetrator as described in § 707.497 of this subchapter (relating to What
					 roles can we assign to persons involved in a case after the investigation is
					 complete?);
(2) do not result in
					 the listing of any individual on the child abuse and neglect central registry
					 described in subchapter C, chapter 702, of this title (relating to Child Abuse
					 and Neglect Central Registry); and
(3) focus on short-term collaboration with
					 and engagement of families in order to empower them to ensure the safety of
					 their children.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 2 - ALTERNATIVE RESPONSE › Section 707.553 - Which cases may be conducted as an alternative response?

Current through Reg. 49, No. 28; July 12, 2024
(a) We may conduct an alternative response to
					 any allegation of abuse or neglect that meets the criteria for investigation by
					 us pursuant to Chapter 261, Texas Family Code, and division 1 of this
					 subchapter (relating to Intake, Investigation, and Assessment), provided that:
(1) the case is assigned a priority other
					 than Priority I;
(2) the case does
					 not involve a child victim under the age of six, as further defined in policy.
					 If a child under six is found to be living in a home after the alternative
					 response case has been initiated, we will continue the alternative response
					 unless there are allegations of physical or sexual abuse;
(3) there is no open investigation, Family
					 Based Safety Services case, or conservatorship case involving the family;
					 and
(4) the case is not excluded
					 pursuant to subsection (b) of this section.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 2 - ALTERNATIVE RESPONSE › Section 707.555 - Can a case initially assigned for an alternative response be conducted as an investigation?

Current through Reg. 49, No. 28; July 12, 2024
Yes. We may, in our sole discretion, at any time route a
						case that is assigned for and otherwise appears to meet the criteria for
						alternative response to be conducted as a thorough investigation. A
						non-exhaustive list of the factors we may consider in deciding to change a case
						from an alternative response to an investigation includes:
(1) inability to assess the safety of the
					 child who is the subject of the report;
(2) inability to locate or reach the
					 family;
(3) increased risk of abuse
					 or neglect; or
(4) a change in
					 household composition.