SECTION 707.497. What roles can we assign to persons involved in a case after the investigation is complete?

(a) We only investigate an individual as a possible perpetrator of child abuse or neglect if the individual is:

(1) At least 10 years old; and

(2) A member of the family or household.

(b) The overall role for a person at the end of the investigation is the finding of the person's involvement in the abuse or neglect that was investigated. After we have given a disposition to all allegations, the roles for the persons involved in the abuse or neglect are derived. The following are the roles that can be derived at the end of an investigation of child abuse or neglect:

(1) Designated victim. Based on a preponderance of the evidence, we conclude that the child has been abused or neglected as defined in Texas Family Code (TFC) §261.001(1) and (4).

(2) Designated perpetrator. Based on a preponderance of the evidence, we conclude that the individual is responsible for abuse or neglect of a child for whom that person has responsibility for care, custody, or welfare as defined in TFC §261.001(5)(A)-(C).

(3) Designated victim/perpetrator. Based on a preponderance of the evidence, we conclude that the individual:

(A) Is a child, age 10 years or older;

(B) Is a victim as described in paragraph (1) of this subsection and has also abused or neglected other children who are in the family or household; and

(C) Is named in the same investigation as the designated victim.

(4) Unknown (unable-to-determine). We could not determine whether the person was involved in the alleged abuse or neglect because the investigator could not determine whether or not the alleged abuse or neglect occurred.

(5) Unknown (unable to complete). We could not draw a conclusion whether alleged abuse or neglect involving the person 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.

(6) No role. Either:

(A) The overall disposition for the investigation is ruled out or administrative closure, as defined in §707.495 of this subchapter (relating to How do we make dispositions after completing the investigation?), in which case all persons named in allegations are given the role of "no role";

(B) We have determined that based on the available information, it is reasonable to conclude that the individual was not a victim of child abuse or neglect or is not responsible for abuse or neglect of a child in the investigation; or

(C) The person was not alleged to have abused or neglected a child in the case.

Source Note: The provisions of this §707.497 adopted to be effective July 15, 2020, 45 TexReg 4780