This section lets a department caseworker refer certain child abuse or neglect reports for abbreviated investigation or administrative closure, lets a supervisor reassign some cases, and requires a supervisor to close open cases over 60 days if specified conditions are met and the director approves.
Sec. 261.3018. ABBREVIATED INVESTIGATION AND ADMINISTRATIVE CLOSURE OF CERTAIN CASES. (a) A department caseworker may refer a reported case of child abuse or neglect to a department supervisor for abbreviated investigation or administrative closure at any time before the 60th day after the date the report is received if: (1) there is no prior report of abuse or neglect of the child who is the subject of the report; (2) the department has not received an additional report of abuse or neglect of the child following the initial report; (3) after contacting a professional or other credible source, the caseworker determines that the child's safety can be assured without further investigation, response, services, or assistance; and (4) the caseworker determines that no abuse or neglect occurred. (b) A department supervisor shall review each reported case of child abuse or neglect that has remained open for more than 60 days and administratively close the case if: (1) the supervisor determines that: (A) the circumstances described by Subsections (a)(1)-(4) exist; and (B) closing the case would not expose the child to an undue risk of harm; and (2) the department director grants approval for the administrative closure of the case. (c) A department supervisor may reassign a reported case of child abuse or neglect that does not qualify for abbreviated investigation or administrative closure under Subsection (a) or (b) to a different department caseworker if the supervisor determines that reassignment would allow the department to make the most effective use of resources to investigate and respond to reported cases of abuse or neglect. (d) The executive commissioner shall adopt rules necessary to implement this section. (e) In this section, "professional" means an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children. The term includes teachers, nurses, doctors, day-care employees, employees of a clinic or health care facility that provides reproductive services, juvenile probation officers, and juvenile detention or correctional officers. Added by Acts 2017, 85th Leg., R.S., Ch. 523 (S.B. 190), Sec. 1, eff. June 9, 2017. Redesignated from Family Code, Section 261.3017 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(14), eff. September 1, 2019.