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(a)The following terms and definitions apply to school
investigations:
(1)Alleged perpetrator--A person who is alleged or
suspected of being responsible for the abuse or neglect of a child.
(2)Alleged victim--A child who is alleged to be the
victim of abuse or neglect.
(3)Child--A person under 18 years of age who is not
and has not been married or who has not had the disabilities of minority
removed for general purposes.
(4)Preponderance of evidence--Evidence which is of
greater weight or more convincing than the evidence which is offered
in opposition to it; that is, evidence which as a whole shows that
the fact sought to be proved is more probable than not.
(5)Reporter--An individual who makes a report to the
Texas Department of Family and Protective Services or a duly constituted
law enforcement agency alleging the abuse or neglect of a child. If
more than one individual makes a report alleging abuse or neglect
of the same child, all such individuals shall have the designation
of a reporter.
(6)School personnel and volunteers--Persons who have
access to children in a school setting and are providing services
to or caring for the children. School personnel include but are not
limited to school employees, contractors, school volunteers, school
bus drivers, school cafeteria staff, and school custodians.
(7)School setting--The physical location of a child's
school or of an event sponsored or approved by the child's school,
or any other location where the child is in the care, custody, or
control of school personnel in their official capacity, including
transportation services. This does not include:
(A)school settings involving only children in facilities
regulated by the Texas Health and Human Services Commission (HHSC)
when HHSC contracts with the local school district to provide education
services; or
(B)school settings that are a part of child care operations
regulated by the Child Care Licensing division of HHSC.
(b)Terms used in this division that are not defined
in this division shall have the meanings assigned to those terms in
Chapters 101 and 261, Texas Family Code, and in Division 1 of Subchapter
A of this chapter (relating to Intake, Investigation and Assessment)
unless the context clearly indicates otherwise.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on February 21, 2020
TRD-202000745 Audrey Carmical
General Counsel
Department of Family and Protective Services
Earliest possible date of adoption: April 5, 2020
For further information, please call: (512) 438-3805
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