| (a) The following pronouns have the following meanings
when used in this division:
(1) I, my, you, and your--A person who has been designated
as a perpetrator or victim/perpetrator of child abuse or neglect by
the Investigations program unless otherwise stated or the context
clearly indicates otherwise.
(2) We, us, and our--The Investigations program of
the Child Protective Investigations division of the Texas Department
of Family and Protective Services unless otherwise stated or the context
clearly indicates otherwise.
(b) The following words and terms, when used in this
division, have the following meanings, unless the context clearly
indicates otherwise:
(1) Designated Perpetrator--An individual whom the
Department of Family and Protective Services (DFPS) has designated
as a perpetrator or victim/perpetrator of child abuse or neglect as
specified in §707.497(b)(2) - (3) of this subchapter (relating
to What roles can we assign to persons involved in a case after the
investigation is complete?)
(2) Release--The disclosure of information about a
designated perpetrator to any party outside DFPS, including employers,
licensing boards, and other entities who have control over an individual's
access to children and/or vulnerable adults, without the consent of
the designated perpetrator. For purposes of this division, however,
the term "release" does not apply to disclosures required by law,
including those made pursuant to authority as set forth in §700.203
of this title (relating to Access to Confidential Information Maintained
by the Texas Department of Family and Protective Services (DFPS))
and/or Texas Family Code §261.201.
(3) Release hearing--Also commonly known as a Due Process
Hearing, provides a designated perpetrator an opportunity to appeal
a decision by DFPS to release information about him/her. It is a formal
administrative legal proceeding before an administrative law judge
of the State Office of Administrative Hearings to determine whether
a finding of abuse or neglect of a child against a designated perpetrator
made by the Investigations program of the Child Protective Investigations
division is appropriate.
(4) Sustained Perpetrator--A designated perpetrator
becomes a sustained perpetrator when:
(A) a Release (Due Process) Hearing under this division
(relating to Release Hearings) is held and an administrative law judge
has determined that there is a preponderance of the evidence to sustain
DFPS's conclusion that the designated perpetrator is responsible for
abuse or neglect of a child; or
(B) DFPS provides the designated perpetrator written
notice of the right to request a Release (Due Process) Hearing, and
the designated perpetrator either:
(i) Waives his/her right to appeal in writing; or
(ii) Fails to request in writing a hearing within 15
calendar days after receiving notice of that right.
(5) Vulnerable adult--This term includes:
(A) a disabled person with a physical, mental, or developmental
disability that substantially impairs the person's ability to provide
adequately for the person's care or protection, and who is 18 years
of age or older or under 18 years of age and who has had the disabilities
of minority removed (Human Resources Code, §48.002); or
(B) a person age 65 years or older.
|
| Source Note: The provisions of this §707.571 adopted to be effective March 1, 2012, 37 TexReg 713; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8882; amended to be effective September 22, 2022, 47 TexReg 6250 |
