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 3 - RELEASE HEARINGS
Section 707.571 - What do the following pronouns, words, and terms mean when used in this division?
Universal Citation: 40 TX Admin Code ยง 707.571
Current through Reg. 49, No. 38; September 20, 2024
(a) The following pronouns have the following meanings when used in this division:
(1) I, my, you, and your--A person who has
been designated as a perpetrator or victim/perpetrator of child abuse or
neglect by the Investigations program 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.
(b) The following words and terms, when used in this division, have the following meanings, unless the context clearly indicates otherwise:
(1) Designated Perpetrator--An individual
whom the Department of Family and Protective Services (DFPS) has designated as
a perpetrator or victim/perpetrator of child abuse or neglect as specified in
§707.497(b)(2) - (3) of this subchapter (relating to What roles can we
assign to persons involved in a case after the investigation is
complete?).
(2) Release--The
disclosure of information about a designated perpetrator to any party outside
DFPS, including employers, licensing boards, and other entities who have
control over an individual's access to children and/or vulnerable adults,
without the consent of the designated perpetrator. For purposes of this
division, however, the term "release" does not apply to disclosures required by
law, including those made pursuant to authority as set forth in §
700.203
of this title (relating to Access to Confidential Information Maintained by the
Texas Department of Family and Protective Services (DFPS)) and/or Texas Family
Code §
261.201.
(3) Release hearing--Also commonly known as a
Due Process Hearing, provides a designated perpetrator an opportunity to appeal
a decision by DFPS to release information about him/her. It is a formal
administrative legal proceeding before an administrative law judge of the State
Office of Administrative Hearings to determine whether a finding of abuse or
neglect of a child against a designated perpetrator made by the Investigations
program of the Child Protective Investigations division is
appropriate.
(4) Sustained
Perpetrator--A designated perpetrator becomes a sustained perpetrator when:
(A) a Release (Due Process) Hearing under
this division (relating to Release Hearings) is held and an administrative law
judge has determined that there is a preponderance of the evidence to sustain
DFPS's conclusion that the designated perpetrator is responsible for abuse or
neglect of a child; or
(B) DFPS
provides the designated perpetrator written notice of the right to request a
Release (Due Process) Hearing, and the designated perpetrator either:
(i) Waives his/her right to appeal in
writing; or
(ii) Fails to request
in writing a hearing within 15 calendar days after receiving notice of that
right.
(5)
Vulnerable adult--This term includes:
(A) a
disabled person with a physical, mental, or developmental disability that
substantially impairs the person's ability to provide adequately for the
person's care or protection, and who is 18 years of age or older or under 18
years of age and who has had the disabilities of minority removed (Human
Resources Code, §
48.002); or
(B) a person age 65 years or older.
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