Current through Reg. 49, No. 38; September 20, 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.
(b)
When we do not complete a formal risk assessment. When any of the following
conditions exists, we are not in a position to assess the likelihood that abuse
or neglect will reoccur in the foreseeable future:
(1) The disposition of the allegations of
child abuse or neglect is "unable to complete", as defined in § 707.495 of
this subchapter (relating to How do we make dispositions after completing the
investigation?);
(2) The
preliminary investigation is closed administratively, as specified in §
707.489(b) of this subchapter (relating to How do we respond to reports of
child abuse or neglect?;
(3) The
disposition of the allegations of child abuse or neglect is "ruled out"
pursuant to an abbreviated investigation as specified in § 707.489(c) of
this chapter;
(4) The family has
only one child, and the child has died;
(5) The investigation was conducted in a
school and did not involve members of the child's family or
household;
(6) The investigation
was conducted on a relative or other household; or
(7) The investigation meets the criteria of a
Baby Moses case under Subchapter D of Chapter 262, Texas Family Code.
(c) Conclusions about safety and
risk assessments. After assessing both safety and risk, and identifying sources
of strengths and protective actions in the family, we determine whether:
(1) The child should be removed;
(2) The family should be referred for family
based safety services as specified in subchapter G, chapter 700 of this title
(relating to Services For Families); and/or for immediate or short-term
protective services as specified § 707.503 of this subchapter (relating to
When will we intervene for the purpose of providing immediate or short-term
protection to a child?); or
(3) The
case should be closed.
(d) We may close the case when either of the
following circumstances exists:
(1) The
family's level of risk is low or moderate and there are no unmanaged danger
indicators in the home; or
(2) The
family appears willing and able, through the use of family and community
resources, to deal with the safety and risk factors in their lives to ensure
the safety of the child(ren) for the foreseeable future.
(e) We may remove the child(ren) if the
criteria for removal under Subchapter B of Chapter 262, Texas Family Code, is
met or we may refer the case for family based safety services as specified in
subchapter G, chapter 700 of this title if:
(1) There is a high or very high likelihood
that abuse or neglect will reoccur in the foreseeable future or the child is
not safe in the home because of unmanaged danger indicators;
(2) Safety or risk factors were identified;
and
(A) The family appears unable or
unwilling to utilize family and community resources in a manner that will
ensure the safety of the child(ren) for the foreseeable future; or
(B) There are not sufficient strengths and/or
protective actions, and available resources to provide for the safety of the
child(ren) in the foreseeable future without intervention; or
(3) The family would benefit from
family based safety services to help manage the risk to the child(ren) in the
foreseeable future.
(f)
We must ensure that the child receives immediate or short-term protective
services as specified § 707.503 of this subchapter if the family cannot
protect the child from abuse or neglect in the immediate or short-term future
without assistance.
(g)
Documentation of spouse or partner abuse. The investigator must document an
occurrence or history of spouse or partner abuse during the risk assessment.
The documentation contains information obtained during the investigation as it
relates to principals within that case.
