Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS
Subchapter B - SCHOOL INVESTIGATIONS
Section 707.607 - How is child abuse and neglect defined for the purpose of a school investigation?

Universal Citation: 40 TX Admin Code ยง 707.607

Current through Reg. 49, No. 38; September 20, 2024

(a) For the purpose of an investigation in a school setting, the terms abuse and neglect shall have the meaning assigned to those terms in the Texas Family Code § 261.001(1) and (4), as those terms are further defined in division 1 of subchapter A of this chapter (relating to Intake, Investigation, and Assessment), unless the definition is clearly inapplicable to reports of abuse or neglect in school settings or as otherwise provided in this subchapter.

(b) Abuse and neglect in this context do not include the following:

(1) Use of restraints or seclusion that do not meet the statutory definitions of child abuse or neglect;

(2) Actions that school personnel or volunteers at the child's school reasonably believe to be immediately necessary to avoid imminent harm to the child or other individuals, if the actions:
(A) are limited only to those actions reasonably believed to be necessary under the existing circumstances; and

(B) do not include acts of unnecessary force or the inappropriate use of restraints or seclusion, such as the use of restraints or seclusion as a substitute for lack of staff;

(3) Reasonable discipline.

(c) Notwithstanding subsection (b) of this section, if there are allegations in the report that otherwise meet the definition of "abuse" or "neglect" by school personnel or volunteers in a school setting, those allegations will be investigated in accordance with this subchapter.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.