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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 707CHILD PROTECTIVE INVESTIGATIONS
SUBCHAPTER AINVESTIGATIONS
DIVISION 1INTAKE, INVESTIGATION AND ASSESSMENT
RULE §707.489How do we respond to reports of child abuse or neglect?

    (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.


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

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