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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700CHILD PROTECTIVE SERVICES
SUBCHAPTER EINTAKE, INVESTIGATION, AND ASSESSMENT
DIVISION 2ALTERNATIVE RESPONSE
RULE §700.553Which cases may be conducted as an alternative response?

(a) DFPS may conduct an alternative response to any allegation of abuse or neglect that meets the criteria for investigation by Child Protective Services pursuant to Texas Family Code, Chapter 261, and Division 1 of this subchapter (relating to Investigations), provided that:

  (1) the case is assigned a priority other than Priority I;

  (2) the case does not involve an alleged victim younger than six;

  (3) there is no open investigation or conservatorship case involving the family; and

  (4) the case is not excluded pursuant to subsection (b) of this section.

(b) DFPS does 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, Chapter 261, Subchapter E, including a school investigation conducted pursuant to Texas Family Code §261.406; or

  (6) the alleged perpetrator is a foster parent or prospective adoptive parent.

(c) DFPS 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 conduct of the alternative response.


Source Note: The provisions of this §700.553 adopted to be effective March 1, 2014, 39 TexReg 1174

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