: Texas Register

Texas Register

TITLE 40	SOCIAL SERVICES AND ASSISTANCE
PART 19	DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 707	CHILD PROTECTIVE INVESTIGATIONS
SUBCHAPTER B	SCHOOL INVESTIGATIONS
DIVISION 1	INTAKE, INVESTIGATION AND ASSESSMENT
RULE §707.609	When will a report of alleged abuse or neglect occurring in a school setting be assigned for investigation?
ISSUE	03/06/2020
ACTION	Proposed

Preamble

Texas Admin Code Rule

(a)A report of alleged abuse or neglect occurring in a school setting will be assigned for investigation if the following criteria are met:

(1)The allegations meet the definitions of abuse or neglect contained in §707.607 of this subchapter (relating How is child abuse and neglect defined for purpose of a school investigation?);

(2)The alleged perpetrator is a person meeting the definition of school personnel or volunteers at the child's school;

(3)The alleged victim is a child or was a child at the time that the alleged abuse or neglect occurred;

(4)The alleged abuse or neglect occurred in a school setting;

(5)The alleged abuse or neglect occurred during the current school year or there is a likelihood that sufficient evidence can still be obtained to establish whether or not abuse or neglect occurred in a school setting; and

(6)The same allegations involving the school setting was not already investigated by us.

(b)A report of alleged abuse and neglect which does not meet the criteria for investigation specified in this section shall be referred to an appropriate law enforcement entity or other investigating agency in accordance with Texas Family Code §261.105.

(c)When we do not accept a report for investigation, we will notify the reporter verbally or in writing of the reason the report will not be investigated and that the reporter may discuss concerns about the decision with the supervisor.

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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