(a) We may conduct an alternative response to any allegation of abuse or neglect that meets the criteria for investigation by us pursuant to Chapter 261, Texas Family Code, and division 1 of this subchapter (relating to Intake, Investigation, and Assessment), provided that:
  (1) the case is assigned a priority other than Priority I;
  (2) the case does not involve a child victim under the age of six, as further defined in policy. If a child under six is found to be living in a home after the alternative response case has been initiated, we will continue the alternative response unless there are allegations of physical or sexual abuse;
  (3) there is no open investigation, Family Based Safety Services case, or conservatorship case involving the family; and
  (4) the case is not excluded pursuant to subsection (b) of this section.
(b) We will not conduct or continue to conduct an alternative response if any of the following conditions are present:
  (1) there is a current allegation of sexual abuse or risk of sexual abuse;
  (2) the current report or alternative response involves a child fatality that is alleged to be the result of abuse or neglect:
  (3) the current report or alternative response involves a family or household member who is a designated or sustained perpetrator of physical abuse that led to a child fatality in a previous investigation;
  (4) there is a current allegation or other credible information indicating a risk of serious physical injury or immediate serious harm to a child who is the subject of the alternative response;
  (5) An investigation is required to be conducted pursuant to Texas Family Code §261.406 and subchapter B of this chapter (relating to School Investigations) or pursuant to subchapter C of this chapter (relating to Child Care Investigations); or
  (6) The alleged perpetrator is a foster parent or prospective adoptive parent.
(c) We may exclude a case for one of the conditions identified in subsection (b) of this section at the point the intake is received or screened or based on information discovered during the alternative response case.

Source Note: The provisions of this §707.553 adopted to be effective July 15, 2020, 45 TexReg 4780