: Texas Register

Texas Register

TITLE 40	SOCIAL SERVICES AND ASSISTANCE
PART 19	DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 707	CHILD PROTECTIVE INVESTIGATIONS
SUBCHAPTER A	INVESTIGATIONS
DIVISION 1	INTAKE, INVESTIGATION AND ASSESSMENT
RULE §707.477	When do we make a finding of emotional abuse, physical abuse, or neglectful supervision against a person responsible for a child's care, custody, or welfare in an investigation involving domestic violence?
ISSUE	07/10/2020
ACTION	Final/Adopted

Preamble

Texas Admin Code Rule

(a)If you are a victim of domestic violence, we will not make a finding of abuse or neglect against you solely because the domestic violence was committed in close physical proximity to the child. If the child is at risk of bodily injury or substantial risk of physical, mental, or emotional harm due solely to the violence committed against you, we will make a finding against you for failing to remove the child from that risk of harm only if, after considering the totality of the circumstances, we determine:

(1)you failed to take advantage of services or supports that would have protected the child;

(2)the services or supports were known to you; and

(3)the services or supports were reasonably available to you in the past or made available during the course of the investigation.

(b)If you are a perpetrator of domestic violence we will make a finding of abuse or neglect against you if you engage in conduct that is described by any of the definitions of abuse or neglect in this division. In particular, we will make a finding of neglectful supervision if you commit the act in such close physical proximity to the child that the child's location and the level of violence reasonably places the child at risk of bodily injury or substantial risk of immediate harm.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 25, 2020

TRD-202002540

Tiffany Roper

General Counsel

Department of Family and Protective Services

Effective date: July 15, 2020

Proposal publication date: March 6, 2020

For further information, please call: (512) 438-3397

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