(C) Based on information in the report and any initial
contacts, it is impossible to determine whether or not there are dangers
to the child because of abuse or neglect or whether risk of abuse
or neglect is indicated.
(2) Before closing a thorough investigation, we must
at a minimum perform the following tasks:
(A) Interview each alleged victim child;
(B) Interview at least one of the parents or other
person with primary or legal responsibility for the victim child;
(C) Interview each alleged perpetrator;
(D) Interview other individuals who have information
that is relevant or potentially relevant to the report of abuse or
neglect;
(E) Complete a safety assessment and document whether
any noted dangers are controlled by protective actions that have been
or will be taken by the child's parent or other person with primary
or legal responsibility for the child, unless the investigation relates
to a deceased child and there is no other child in the home; and
(F) Assess the risk of future abuse or neglect, unless
the investigation relates to a deceased child and there is no other
child in the home.
(f) Alternative response. An alternative response is
a protective intervention governed by division 2 of this subchapter
and Texas Family Code, §261.3015, that involves an assessment
of the family, including a safety assessment, and provision of necessary
services and supports. Alternative response does not result in a formal
finding of abuse or neglect or the designation of a perpetrator.
(g) Exceptions to required interviews. We are not required
to conduct an interview to close an abbreviated or thorough investigation
as described in subsections (c) and (d) of this section if we exhaust
all reasonable efforts to conduct the interview but are unable to
do so because:
(1) The person to be interviewed is unable to be interviewed
because of age or other exceptional circumstance;
(2) The person to be interviewed, the person's parent
or other legal guardian, or the attorney representing the person refuses
to permit the interview;
(3) The alleged perpetrator has been arrested or is
under investigation by a law enforcement agency and the interview
would interfere with the investigation or violate the alleged perpetrator's
rights; or, the alleged perpetrator is detained and the jail, prison,
or other detention facility in which the alleged perpetrator is detained
will not permit the interview; or
(4) The person to be interviewed has been interviewed
by another entity and we accept the substitute interview. If the person,
the person's parent or other legal guardian, or the attorney representing
the person requests that the person also be interviewed by us, the
investigator must conduct one supplemental interview.
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Source Note: The provisions of this §707.489 adopted to be effective July 15, 2020, 45 TexReg 4780; amended to be effective September 22, 2022, 47 TexReg 6250; amended to be effective May 22, 2024, 49 TexReg 3587 |