40 Tex. Admin. Code § 707.605 - What do the following terms mean when used in this subchapter?

(a) The following terms have the following meanings when used in this subchapter:

(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, school resource officers and contracted police officers, 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.

Notes

40 Tex. Admin. Code § 707.605

Adopted by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4793, eff. 7/15/2020; Amended by Texas Register, Volume 47, Number 38, September 23, 2022, TexReg 6251, eff. 9/22/2022