Section 707.501 - When do we conduct risk and safety assessments?(a) Overview. During an investigation, we must assess both the immediate safety of the children in the home and the risk of recurrence of abuse or neglect. (1) Assessing safety. We conduct a formal safety assessment to assess the presence or absence of danger indicators in the home during each contact with the family to determine whether the child is safe in the home.(2) Assessing risk. Unless the conditions specified in subsection (b) of this section exist, we conduct a formal risk assessment to assess the likelihood that abuse or neglect will reoccur in the foreseeable future.(b) When we do not complete a formal risk assessment. When any of the following conditions exists, we are not in a position to assess the likelihood that abuse or neglect will reoccur in the foreseeable future: (1) The disposition of the allegations of child abuse or neglect is "unable to complete", as defined in § 707.495 of this subchapter (relating to How do we make dispositions after completing the investigation?);(2) The preliminary investigation is closed administratively, as specified in § 707.489(b) of this subchapter (relating to How do we respond to reports of child abuse or neglect?;(3) The disposition of the allegations of child abuse or neglect is "ruled out" pursuant to an abbreviated investigation as specified in § 707.489(c) of this chapter;(4) The family has only one child, and the child has died;(5) The investigation was conducted in a school and did not involve members of the child's family or household;(6) The investigation was conducted on a relative or other household; or(7) The investigation meets the criteria of a Baby Moses case under Subchapter D of Chapter 262, Texas Family Code.(c) Conclusions about safety and risk assessments. After assessing both safety and risk, and identifying sources of strengths and protective actions in the family, we determine whether: (1) The child should be removed;(2) The family should be referred for family based safety services as specified in subchapter G, chapter 700 of this title (relating to Services For Families); and/or for immediate or short-term protective services as specified § 707.503 of this subchapter (relating to When will we intervene for the purpose of providing immediate or short-term protection to a child?); or(3) The case should be closed.(d) We may close the case when either of the following circumstances exists: (1) The family's level of risk is low or moderate and there are no unmanaged danger indicators in the home; or(2) The family appears willing and able, through the use of family and community resources, to deal with the safety and risk factors in their lives to ensure the safety of the child(ren) for the foreseeable future.(e) We may remove the child(ren) if the criteria for removal under Subchapter B of Chapter 262, Texas Family Code, is met or we may refer the case for family based safety services as specified in subchapter G, chapter 700 of this title if: (1) There is a high or very high likelihood that abuse or neglect will reoccur in the foreseeable future or the child is not safe in the home because of unmanaged danger indicators;(2) Safety or risk factors were identified; and (A) The family appears unable or unwilling to utilize family and community resources in a manner that will ensure the safety of the child(ren) for the foreseeable future; or(B) There are not sufficient strengths and/or protective actions, and available resources to provide for the safety of the child(ren) in the foreseeable future without intervention; or(3) The family would benefit from family based safety services to help manage the risk to the child(ren) in the foreseeable future.(f) We must ensure that the child receives immediate or short-term protective services as specified § 707.503 of this subchapter if the family cannot protect the child from abuse or neglect in the immediate or short-term future without assistance.(g) Documentation of spouse or partner abuse. The investigator must document an occurrence or history of spouse or partner abuse during the risk assessment. The documentation contains information obtained during the investigation as it relates to principals within that case.40 Tex. Admin. Code § 707.501
Adopted by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4781, eff. 7/15/2020