|(a) Overview. During an investigation, we must assess
both the immediate safety of the children in the home and the risk
of recurrence of abuse or neglect.
(1) Assessing safety. We conduct a formal safety assessment
to assess the presence or absence of danger indicators in the home
during each contact with the family to determine whether the child
is safe in the home.
(2) Assessing risk. Unless the conditions specified
in subsection (b) of this section exist, we conduct a formal risk
assessment to assess the likelihood that abuse or neglect will reoccur
in the foreseeable future.
(b) When we do not complete a formal risk assessment.
When any of the following conditions exists, we are not in a position
to assess the likelihood that abuse or neglect will reoccur in the
(1) The disposition of the allegations of child abuse
or neglect is "unable to complete", as defined in §707.495 of
this subchapter (relating to How do we make dispositions after completing
(2) The preliminary investigation is closed administratively,
as specified in §707.489(b) of this subchapter (relating to How
do we respond to reports of child abuse or neglect?;
(3) The disposition of the allegations of child abuse
or neglect is "ruled out" pursuant to an abbreviated investigation
as specified in §707.489(c) of this chapter;
(4) The family has only one child, and the child has
(5) The investigation was conducted in a school and
did not involve members of the child's family or household;
(6) The investigation was conducted on a relative or
other household; or
(7) The investigation meets the criteria of a Baby
Moses case under Subchapter D of Chapter 262, Texas Family Code.
(c) Conclusions about safety and risk assessments.
After assessing both safety and risk, and identifying sources of strengths
and protective actions in the family, we determine whether:
(1) The child should be removed;
(2) The family should be referred for family based
safety services as specified in subchapter G, chapter 700 of this
title (relating to Services For Families); and/or for immediate or
short-term protective services as specified §707.503 of this
subchapter (relating to When will we intervene for the purpose of
providing immediate or short-term protection to a child?); or
(3) The case should be closed.
(d) We may close the case when either of the following
(1) The family's level of risk is low or moderate and
there are no unmanaged danger indicators in the home; or
(2) The family appears willing and able, through the
use of family and community resources, to deal with the safety and
risk factors in their lives to ensure the safety of the child(ren)
for the foreseeable future.
(e) We may remove the child(ren) if the criteria for
removal under Subchapter B of Chapter 262, Texas Family Code, is met
or we may refer the case for family based safety services as specified
in subchapter G, chapter 700 of this title if:
(1) There is a high or very high likelihood that abuse
or neglect will reoccur in the foreseeable future or the child is
not safe in the home because of unmanaged danger indicators;
(2) Safety or risk factors were identified; and
(A) The family appears unable or unwilling to utilize
family and community resources in a manner that will ensure the safety
of the child(ren) for the foreseeable future; or
(B) There are not sufficient strengths and/or protective
actions, and available resources to provide for the safety of the
child(ren) in the foreseeable future without intervention; or
(3) The family would benefit from family based safety
services to help manage the risk to the child(ren) in the foreseeable
(f) We must ensure that the child receives immediate
or short-term protective services as specified §707.503 of this
subchapter if the family cannot protect the child from abuse or neglect
in the immediate or short-term future without assistance.
(g) Documentation of spouse or partner abuse. The investigator
must document an occurrence or history of spouse or partner abuse
during the risk assessment. The documentation contains information
obtained during the investigation as it relates to principals within