40 Tex. Admin. Code § 707.471 - What is physical neglect?
(a)
Neglect is defined in Texas Family Code (TFC) §261.001(4) as an act or
failure to act by a person responsible for a child's care, custody, or welfare
evidencing the person 's blatant disregard for the consequences of the act or
failure to act that results in harm to the child or that creates an immediate
danger to the child's physical health or safety. Physical neglect is a subset
of the statutory definition of neglect and involves the following acts or
omissions by a person: the failure to provide a child with food, clothing, or
shelter necessary to sustain the life or health of the child, excluding failure
caused primarily by financial inability unless relief services had been offered
and refused.
(b) In this section,
the following terms have the following meanings:
(1) "...necessary to sustain the life or
health of the child ...." is a condition of the statutory definition of
physical neglect and is met if the failure to provide food, clothing, or
shelter results in an observable and material impairment to the child's growth,
development, or functioning, or in an immediate danger of an observable and
material impairment. For purposes of this paragraph, "observable and material
impairment" means discernible and substantial damage or deterioration to the
child's health or physical condition. It may include but is not limited to
malnourishment; sudden or extreme weight loss; serious skin conditions or skin
breakdown; serious illness or other serious medical conditions; or any other
serious physical harm to the child as a direct result of the physical
neglect.
(2) "Relief services"
means both public and private services, including but not limited to services
provided through the government, community agencies, volunteer organizations,
relatives, friends, neighbors, etc., that are intended to improve the overall
well-being and physical condition of the family. The services must be
affordable, reasonable, readily available, and appropriate to meet the needs of
the family. It is not necessary that the relief services be provided by
us.
(c) Evidence of
physical neglect may include but is not limited to the following if they
endanger the life or health of the child: unsound or decaying walls, ceiling,
floors, or stairways; ineffective or faulty heating, cooling, or ventilation
systems; inadequate, faulty, or broken plumbing including contaminated water;
broken windows, mirrors or other glass; dangerous sleeping arrangements; the
existence of dangerous bacteria or germs; nonexistent or ineffective waste
disposal; dangerous food storage; fecal contamination or excessive animal feces
throughout the house; untreated infestations such as fleas, roaches, or
rodents; significant and uncontrolled mildew and mold; dirt buildup that is
likely to cause bacteria and viruses in the dwelling; and hazardous junk
material or appliances left unsecured and within easy access to the
child.
Notes
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