(a) Neglect is defined in Texas Family Code (TFC) §261.001(4) as an act or failure to act by a person responsible for a child's care, custody, or welfare evidencing the person's blatant disregard for the consequences of the act or failure to act that results in harm to the child or that creates an immediate danger to the child's physical health or safety. RAPR is a subset of the statutory definition of neglect and involves the following acts or omissions by a person: the failure by the person responsible for a child's care, custody, or welfare to permit the child to return to the child's home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away.
(b) We will not make a finding of abuse or neglect against you and will not put your name on the child abuse and neglect central registry described in subchapter C, chapter 702, of this title (relating to Child Abuse and Neglect Central Registry) if you refuse to permit the child to remain in or return to the child's home because:
  (1) The child has a severe emotional disturbance;
  (2) The refusal is based solely on your inability to obtain mental health services necessary to protect the safety and well-being of the child; and
  (3) You have exhausted all reasonable means available to you to obtain the mental health services described above.
(c) In this subsection, the term severe emotional disturbance means a mental, behavioral, or emotional disorder of sufficient duration to result in functional impairment that substantially interferes with or limits a person's role or ability to function in family, school, or community activities as defined in Texas Family Code §261.001(9). We consider a child to have a severe emotional disturbance when a licensed mental health professional has given the child a mental health diagnosis that:
  (1) Is recognized by the current version of the Diagnostic and Statistical Manual of Mental Disorders. Examples of mental health diagnoses that are consistent with severe emotional disturbance include, but are not limited to, Bipolar, Post-Traumatic Stress Disorder, Disruptive Mood Dysregulation Disorder, Conduct Disorder, Depression, Emotionally Disturbed, Mood Disorder, Oppositional Defiant Disorder, Psychotic Disorder, and Reactive Attachment Disorder; and
  (2) Results in severe mental, behavioral, or emotional impairment(s) in functioning such that the child poses a danger to him or herself or others, or a licensed mental health professional has determined the child needs inpatient mental health or residential treatment.
(d) When determining whether the refusal to permit a child to remain in or return to the child's home was based solely on your inability to obtain mental health services necessary to protect the safety and well-being of the child and whether you exhausted all reasonable means available to obtain mental health services and prevent the removal of the child, we will consider factors including, but not limited to, the following:
  (1) The reasons you were unable to access appropriate mental health treatment to meet the child's needs, such as your financial resources, the lack of appropriate services available in the community, or other reasons.
  (2) Whether you followed recommendations of the mental health professionals who have treated the child, including complying with recommendations about actions you need to take, or, if in disagreement with a professional, whether you discussed with the professional concerns regarding recommendations, or sought out other mental health professionals for assistance or treatment, to the extent reasonable and practicable.
  (3) Whether the present need for mental health services is necessary to protect the safety and well-being of the child unrelated to any recent incident of abuse or neglect.
(e) We will review records in the central registry and remove your name if you were included in the central registry when the Texas Department of Family and Protective Services was named managing conservator of your child who has a severe emotional disturbance solely, so you could obtain mental health services for the child.

Source Note: The provisions of this §707.473 adopted to be effective July 15, 2020, 45 TexReg 4780; amended to be effective September 22, 2022, 47 TexReg 6250