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RULE §700.511Disposition of the Allegations of Abuse or Neglect

(a) Allegation disposition. At the end of the investigation, staff must assign a disposition to each allegation identified for the investigation in order to:

  (1) Specify their conclusions about the occurrence of abuse or neglect;

  (2) Derive the overall disposition for the investigation; and

  (3) Derive the overall role for each person with respect to the abuse

or neglect that was investigated.

(b) Meaning of allegation disposition. The meaning of allegation dispositions are:

  (1) Reason-to-believe. Based on a preponderance of the evidence, staff conclude that abuse or neglect has occurred.

  (2) Ruled-out. Staff determine, based on available information that it is reasonable to conclude that the abuse or neglect has not occurred.

  (3) Unable to complete. Staff could not draw a conclusion whether alleged abuse or neglect occurred, because the family:

    (A) Could not be located to begin the investigation or moved and could not be located to finish the investigation; or

    (B) Was unwilling to cooperate with the investigation.

  (4) Unable-to-determine. Staff conclude that none of the dispositions specified in paragraphs (1) - (3) of this subsection is appropriate.

  (5) Administrative closure. Information received after a case was assigned for investigation reveals that continued Child Protective Services intervention is unwarranted as outlined in §700.507 of this title (relating to Response to Allegations of Abuse or Neglect).

(c) Overall disposition. The overall investigation disposition is the summary finding about the abuse or neglect that was investigated. The overall disposition is derived from the individual allegation dispositions in the following manner:

  (1) Reason-to-believe. If any allegation disposition is "reason-to-believe," the overall case disposition is "reason-to-believe."

  (2) Ruled out. If all allegation dispositions are "ruled out" or are a mixture of "ruled out" and "administrative closure," the overall case disposition is "ruled out."

  (3) Unable to complete. If any allegation disposition is "unable to complete" and no allegation disposition is "reason-to-believe" or "unable to determine," the overall investigation disposition is "unable to complete."

  (4) Unable to determine. If any allegation disposition is "unable to determine" and no allegation disposition is "reason to believe," the overall case disposition is "unable to determine."

  (5) Administrative closure. Decisions with regard to administrative closure are made at the case level as specified in §700.507 of this title. Therefore, all allegations must be disposed of by indicating that administrative closure has been selected. If any one allegation meets criteria for allegation dispositions as specified in paragraphs (1) - (4) of this subsection, a case is not eligible for administrative closure.

Source Note: The provisions of this §700.511 adopted to be effective March 15, 1989, 14 TexReg 994; amended to be effective September 1, 1990, 15 TexReg 4446; amended to be effective December 1, 1990, 15 TexReg 6318; amended to be effective September 1, 1992, 17 TexReg 5364; transferred effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279; amended to be effective August 1, 1996, 21 TexReg 3213; amended to be effective April 1, 1999, 24 TexReg 417; amended to be effective October 1, 2004, 29 TexReg 9205; amended to be effective April15, 2016, 41 TexReg 1715

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