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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700CHILD PROTECTIVE SERVICES
SUBCHAPTER FRELEASE HEARINGS
RULE §700.607What actions may an Administrative Law Judge (ALJ) take regarding a finding of Child Protective Services (CPS)?

The ALJ may uphold, reverse, or alter a CPS finding of abuse or neglect.

  (1) If the ALJ reverses the finding, then CPS will notify any previously notified outside parties of the outcome of the hearing. CPS will also change the role of the person from designated perpetrator to "no role" and "Reason to Believe" finding to "Ruled Out".

  (2) If the ALJ upholds the finding, then CPS will conduct a release if it has not already been done on an emergency basis. CPS will also change the person's role from designated perpetrator to sustained perpetrator of child abuse and/or neglect.

  (3) If the ALJ alters the CPS finding, then CPS will follow the direction outlined in the Order.


Source Note: The provisions of this §700.607 adopted to be effective March 1, 2012, 37 TexReg 713

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