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?
Universal Citation: 40 TX Admin Code ยง 707.495
Current through Reg. 49, No. 38; September 20, 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.
(b) We may make any of the following dispositions:
(1)
Reason-to-believe. Based on a preponderance of the evidence, we conclude that
abuse or neglect has occurred.
(2)
Ruled-out. We determine, based on available information that it is reasonable
to conclude that the abuse or neglect has not occurred.
(3) Unable to complete. We could not draw a
conclusion whether alleged abuse or neglect occurred, because the family:
(A) Could not be located to begin the
investigation or moved and could not be located to finish the investigation;
or
(B) was unwilling to cooperate
with the investigation.
(4) Unable-to-determine. We conclude that
none of the dispositions specified in paragraphs (1)-(3) of this subsection are
appropriate.
(5) Administrative
closure. Information we received after a case was assigned for investigation
reveals that continued intervention is unwarranted as outlined in §
707.489 of this subchapter (relating to How do we respond to reports of child
abuse or neglect?).
(c) The overall investigation disposition is the summary finding about the abuse or neglect that was investigated. The overall disposition is derived from the individual allegation dispositions in the following manner:
(1) Reason-to-believe. If any allegation
disposition is "reason-to-believe", the overall case disposition is
"reason-to-believe".
(2) Ruled out.
If all allegation dispositions are "ruled out" or are a mixture of "ruled out"
and "administrative closure", the overall case disposition is "ruled
out".
(3) Unable to complete. If
any allegation disposition is "unable to complete" and no allegation
disposition is "reason-to-believe" or "unable to determine", the overall
investigation disposition is "unable to complete".
(4) Unable to determine. If any allegation
disposition is "unable to determine" and no allegation disposition is "reason
to believe", the overall case disposition is "unable to determine".
(5) Administrative closure. Decisions with
regard to administrative closure are made at the case level as specified in
§ 707.489 of this subchapter. Therefore, all allegations must be disposed
of by indicating that administrative closure has been selected. If anyone
allegation meets criteria for allegation dispositions as specified in
paragraphs (1)-(4) of this subsection, a case is not eligible for
administrative closure.
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