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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 707CHILD PROTECTIVE INVESTIGATIONS
SUBCHAPTER CCHILD CARE INVESTIGATIONS
DIVISION 5ABUSE, NEGLECT, AND EXPLOITATION
RULE §707.803When will we use the "reasonable and prudent parent standard" in conducting an investigation in a child care operation?

We will use the "reasonable and prudent parent standard" as defined in Texas Family Code §264.001(5) when we investigate whether:

  (1) A child-placing agency or general residential operation was deficient in violation of a standard, rule, or other law because a foster parent or designated person:

    (A) Allowed a child to participate in a childhood activity; or

     (B) Denied a child access to a childhood activity or activities; or

  (2) A foster parent or designated person breached a duty in §707.801 in this division (relating to What is neglect?) by allowing a child to participate in a childhood activity.
Source Note: The provisions of this §707.803 adopted to be effective July 15, 2020, 45 TexReg 4780

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