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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700CHILD PROTECTIVE SERVICES
SUBCHAPTER EINTAKE, INVESTIGATION, AND ASSESSMENT
DIVISION 1INVESTIGATIONS
RULE §700.512Conclusions about Roles

(a) The Texas Department of Family and Protective Services (DFPS) does not investigate an individual as a possible perpetrator of child abuse or neglect unless the individual is:

  (1) at least 10 years old; and

  (2) a member of the family or household.

(b) The overall role for a person at the end of the investigation is the summary finding about the person's involvement in the abuse or neglect that was investigated. After staff have given a disposition to all allegations, the roles for the persons involved in the abuse or neglect are derived. The following are the roles that can be derived at the end of an investigation of child abuse or neglect:

  (1) Designated victim. Based on a preponderance of the evidence, staff conclude that the child has been abused or neglected as defined in the Texas Family Code (TFC) §261.001(1) and (4).

  (2) Designated perpetrator. Based on a preponderance of the evidence, staff conclude that the individual is responsible for abuse or neglect of a child for whom that person has responsibility for care, custody, or welfare as defined in TFC §261.001(5).

  (3) Designated victim/perpetrator. Based on a preponderance of the evidence, staff conclude that the child, age 10 years or older, has both been a victim as described in paragraph (1) of this subsection and has abused or neglected other children who are in the family or household and are named in the same investigation.

  (4) Unknown (unable-to-determine). Staff could not determine in the investigation whether the person was or was not involved in the alleged abuse or neglect because the worker could not determine whether or not the alleged abuse or neglect occurred.

  (5) Unknown (unable to complete). Staff could not draw a conclusion whether alleged abuse or neglect involving the person 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.

  (6) No role. Either:

    (A) the overall disposition for the investigation is ruled out or administrative closure, as these are defined in §700.511 of this title (relating to Disposition of the Allegations of Abuse or Neglect), in which case all persons named in allegations are given the role of "no role";

    (B) staff have determined that based on the available information, it is reasonable to conclude that the individual was not a victim of child abuse or neglect or is not responsible for abuse or neglect of a child in the investigation; or

    (C) the person was not alleged to have abused or neglected a child in the case.


Source Note: The provisions of this §700.512 adopted to be effective March 15, 1989, 14 TexReg 994; amended to be effective September 1, 1990, 15 TexReg 4446; transferred effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279; amended to be effective September 1, 1993, 18 TexReg 4645; 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

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