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RULE §707.703What do the following terms mean when used in this subchapter?

The following terms have the following meanings when used in this subchapter:

  (1) Alleged Perpetrator--a person being investigated by us because the person is alleged to have abused, neglected, or exploited a child in a child care operation.

  (2) Caregiver--A person whose duties include the supervision, guidance, and protection of a child or children.

  (3) Central registry--A Texas Department of Family and Protective Services (DFPS) database of persons who have been found by DFPS to have abused, neglected, or exploited a child, including abusing, neglecting, or exploiting a child in a child care operation. See subchapter C, chapter 702, of this title (relating to Child Abuse and Neglect Central Registry).

  (4) Child--A person under 18 years of age.

  (5) Child Care Investigations (CCI)--a program of the Child Protective Investigations division of the Department of Family and Protective Services that investigates allegations of child abuse, neglect, and exploitation in child care operations.

  (6) Child Care Licensing (CCL)--a department of the Regulatory Services Division of the Texas Health and Human Services Commission that regulates child care operations under Chapter 42, Human Resources Code. CCL was formerly under the Texas Department of Family and Protective Services until September 1, 2017.

  (7) Child care operation--a facility, family home, or other entity that is subject to regulation by CCL under Chapter 42, Human Resources Code, regardless of whether the operation has received the necessary permit to provide the child care under that chapter.

  (8) Collateral witness--any person not directly involved in the incident but who may be able to provide information regarding the incident being investigated, the children and adults involved in the incident, and the type of care and supervision provided at the operation.

  (9) Designated perpetrator--A person on the DFPS central registry found by us to have abused, neglected, or exploited a child in a child care operation, but who has not exhausted the right to a due process hearing. See division 7 of this subchapter (relating to Due Process Hearings).

  (10) Finding of abuse, neglect, or exploitation--A determination that we made at the completion of an investigation based on the evidence gathered that a preponderance of the evidence supports the allegation(s) of child abuse, neglect, or exploitation in a child care operation.

  (11) Intake Report--An allegation of child abuse, neglect, or exploitation in a child care operation.

  (12) Parent--A child's biological mother or father, adoptive mother or father, or person that has legal responsibility for or legal custody of a child, including the managing conservator or legal guardian. The term does not include a parent whose parental rights have been terminated.

  (13) Preponderance of evidence--Evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.

  (14) Principal--all alleged victims, all alleged perpetrator, and all household members of a foster or group home in the current investigation.

  (15) Single-source continuum contractor (SSCC)--the entity that DFPS contracts with to provide the full continuum of foster care and case management services to children and families on behalf of Child Protective Services within a designated geographic area for purposes of implementing community-based care as defined in Texas Family Code §264.152(4).

Source Note: The provisions of this §707.703 adopted to be effective July 15, 2020, 45 TexReg 4780; amended to be effective September 22, 2022, 47 TexReg 6250

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