DFPS CPS Handbook §2281.2
Reason To Believe

CPS September 2019 The caseworker assigns the Reason to Believe disposition to an allegation if, based on the preponderance of evidence gathered during the investigation, the caseworker concludes that both of the following are true: • The alleged abuse or neglect occurred. • The alleged perpetrator is responsible for it. DFPS Rules, 40 TAC §707.495(b)(1) DFPS Rules, 40 TAC §707.495(c)1) If the caseworker concludes that the alleged abuse or neglect occurred but there is not a preponderance of evidence to conclude who is responsible, the caseworker does as follows: • Assigns the Unable to Determine disposition. See 2281.5 Unable to Determine . DFPS Rules, 40 TAC §707.495(b)(4) • Enters a new allegation of abuse or neglect with the disposition of Reason to Believe . • Does not name a perpetrator in the new allegation. Near Fatal or Fatal Severity If the caseworker assigns the Reason to Believe disposition to an allegation, the caseworker uses the information below to determine whether the severity type Near Fatal or Fatal applies. In some situations, neither Near Fatal nor Fatal applies. Near Fatal Severity The caseworker chooses the severity type Near Fatal if both of the following apply: • A physician states that a child is in critical or serious condition. • The caseworker determines that abuse or neglect caused the child’s condition. Near Fatal abuse or neglect is abuse or neglect from which the child would likely have died without medical intervention. For the purpose of this subsection, medical intervention is treatment that involves one or more the following: • Cardiopulmonary resuscitation (CPR), such as chest compressions, rescue breathing, removal of something blocking the airway, or insertion of a tube for breathing. • Medications to stabilize cardiac (heart) or respiratory (breathing) status, blood pressure, or critical electrolytes. • Surgery to preserve brain function, to prevent blood loss, or to prevent infection (for example, as the result of abdominal trauma). A child who has experienced Near Fatal abuse or neglect is typically admitted to an intensive care unit, which includes the following: • Neonatal intensive care units. • Pediatric intensive care units. • Trauma units. See the Forensic Assessment Center Network (FACN) Resource Guide , Appendix A. Fatal Severity The caseworker chooses the severity type Fatal if both of the following apply: • CPI is investigating a child fatality. • CPI finds that abuse or neglect caused the child’s death.