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?
Universal Citation: 40 TX Admin Code ยง 707.553
Current through Reg. 49, No. 38; September 20, 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.
(b) We will not conduct or continue to conduct an alternative response if any of the following conditions are present:
(1) there is a current allegation of sexual
abuse or risk of sexual abuse;
(2)
the current report or alternative response involves a child fatality that is
alleged to be the result of abuse or neglect:
(3) the current report or alternative
response involves a family or household member who is a designated or sustained
perpetrator of physical abuse that led to a child fatality in a previous
investigation;
(4) there is a
current allegation or other credible information indicating a risk of serious
physical injury or immediate serious harm to a child who is the subject of the
alternative response;
(5) An
investigation is required to be conducted pursuant to Texas Family Code §
261.406 and subchapter B
of this chapter (relating to School Investigations) or pursuant to subchapter C
of this chapter (relating to Child Care Investigations); or
(6) The alleged perpetrator is a foster
parent or prospective adoptive parent.
(c) We may exclude a case for one of the conditions identified in subsection (b) of this section at the point the intake is received or screened or based on information discovered during the alternative response case.
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