40 Tex. Admin. Code § 700.465

Current through Reg. 45, No. 10; March 6, 2020
Section 700.465 - What is neglectful supervision?
(a) Neglectful supervision is a subset of the statutory definitions of neglect that appear in Texas Family Code § 261.001(4) and includes the following acts or omissions by a person:
(1) Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm to the child;
(2) Placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child; or
(3) Placing a child in or failing to remove the child from a situation in which the child would be exposed to acts or omissions that constitute abuse under Texas Family Code § 261.001(1)(E), (F), (G), (H), or (K) committed against another child.
(b) In this section, the following terms have the following meanings:
(1) Neglectful supervision as defined in subsection (a)(1) of this section excludes an accident. Accident has the same definition as specified in § 700.455(b)(1) of this title (relating to What is physical abuse?).
(2) "Substantial risk" has the same definition as specified in § 700.455(b)(9) of this title. For purposes of evaluating an allegation of "neglectful supervision", the following factors may be considered when assessing substantial risk:
(A) the child's age;
(B) any arrangements the parents made to ensure the child's safety;
(C) the child's physical condition, psychological functioning, and level of maturity;
(D) any intellectual, physical, or medical disability the child has;
(E) any previous history or patterns of abuse or neglect;
(F) the frequency and duration of similar incidents; and
(G) the overall safety of the child's environment.
(3) In the case of prenatal use of alcohol or a controlled substance that was not lawfully prescribed by a medical practitioner, was lawfully prescribed as a result of the mother seeking out multiple health care providers as a means of exceeding ordinary dosages, or was not being used in accordance with a lawfully issued prescription, the pregnant mother is responsible for neglectful supervision under subsection (a)(1) of this section if:
(A) the mother knew or reasonably should have known she was pregnant; and
(B) it appears that the mother's use endangered the physical and emotional well-being of the infant. It is not necessary that the infant actually suffer injury.
(i) For the limited purpose of this paragraph of this subsection, "endangered" means that the pregnant mother's use exposed the infant to loss or injury or jeopardized the infant's emotional or physical health.
(ii) "Endangered" includes but is not limited to a consideration of the following factors: evidence the mother extensively used alcohol or regularly or extensively used a controlled substance over the course of the pregnancy or in close proximity to the child's expected birth date, evidence that the mother has an alcohol or drug addiction, and evidence that the infant was at a substantial risk of immediate harm from the mother's use of alcohol or a controlled substance.

40 Tex. Admin. Code § 700.465

Adopted by Texas Register, Volume 41, Number 10, March 4, 2016, TexReg 1718, eff. April 15, 2016