SECTION 707.495. How do we make dispositions after completing the investigation?

(a) At the end of the investigation, we must assign a disposition to each allegation identified for the investigation in order to:

(1) Specify the conclusions about the occurrence of abuse or neglect;

(2) Derive the overall disposition for the investigation; and

(3) Derive the overall role for each person with respect to the abuse or neglect that was investigated.

(b) We may make any of the following dispositions:

(1) Reason-to-believe. Based on a preponderance of the evidence, we conclude that abuse or neglect has occurred.

(2) Ruled-out. We determine, based on available information that it is reasonable to conclude that the abuse or neglect has not occurred.

(3) Unable to complete. We could not draw a conclusion whether alleged abuse or neglect occurred, because the family:

(A) Could not be located to begin the investigation or moved and could not be located to finish the investigation; or

(B) was unwilling to cooperate with the investigation.

(4) Unable-to-determine. We conclude that none of the dispositions specified in paragraphs (1)-(3) of this subsection are appropriate.

(5) Administrative closure. Information we received after a case was assigned for investigation reveals that continued intervention is unwarranted as outlined in §707.489 of this subchapter (relating to How do we respond to reports of child abuse or neglect?).

(c) The overall investigation disposition is the summary finding about the abuse or neglect that was investigated. The overall disposition is derived from the individual allegation dispositions in the following manner:

(1) Reason-to-believe. If any allegation disposition is "reason-to-believe", the overall case disposition is "reason-to-believe".

(2) Ruled out. If all allegation dispositions are "ruled out" or are a mixture of "ruled out" and "administrative closure", the overall case disposition is "ruled out".

(3) Unable to complete. If any allegation disposition is "unable to complete" and no allegation disposition is "reason-to-believe" or "unable to determine", the overall investigation disposition is "unable to complete".

(4) Unable to determine. If any allegation disposition is "unable to determine" and no allegation disposition is "reason to believe", the overall case disposition is "unable to determine".

(5) Administrative closure. Decisions with regard to administrative closure are made at the case level as specified in §707.489 of this subchapter. Therefore, all allegations must be disposed of by indicating that administrative closure has been selected. If anyone allegation meets criteria for allegation dispositions as specified in paragraphs (1)-(4) of this subsection, a case is not eligible for administrative closure.

Source Note: The provisions of this §707.495 adopted to be effective July 15, 2020, 45 TexReg 4780