SECTION 700.308. Right to Refuse Services and Consequences of Refusal

(a) A parent's absence or refusal to accept services offered by the Texas Department of Family and Protective Services (DFPS) does not change DFPS's legal responsibility to protect children. Parents must not be coerced or defrauded into accepting services but must be notified of the steps DFPS may take to protect the children if the parents refuse services.

(b) Parents have the right to refuse services offered by DFPS unless a court has ordered the services.

(c) If parents refuse to allow DFPS to investigate, DFPS may request the county or district attorney to petition the court for an order that requires the parents to allow the investigation. If the allegation of abuse or neglect or other information available to DFPS indicates immediate danger to the child, DFPS may also seek a court order to remove the child from the home.

Source Note: The provisions of this §700.308 adopted to be effective October 31, 1984, 9 TexReg 5431; transferred effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279; amended to be effective September 1, 2007, 32 TexReg 5386