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. 38; September 20, 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:
(b) If you are a perpetrator of domestic violence we will make a finding of abuse or neglect against you if you engage in conduct that is described by any of the definitions of abuse or neglect in this division. In particular, we will make a finding of neglectful supervision if you commit the act in such close physical proximity to the child that the child's location and the level of violence reasonably places the child at risk of bodily injury or substantial risk of immediate harm.
