40 Tex. Admin. Code § 707.609 - When will a report of alleged abuse or neglect occurring in a school setting be assigned for investigation?

(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 the 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 were 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.

Notes

40 Tex. Admin. Code § 707.609

Adopted by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4793, eff. 7/15/2020