1. (a) No risk case records.

   1. (1) Case information is retained 18 months after the case is closed if the Texas Department of Protective and Regulatory Services (TDPRS) has concluded that risk of abuse or neglect is ruled out and that:

      1. (A) the family's children are not at risk of abuse or neglect in the foreseeable future, as specified in §700.514(e) of this title (relating to Risk Assessment and Safety Evaluation); or
      2. (B) Child Protective Services (CPS) is not in a position to assess risk, as specified in §700.514 of this title (relating to Risk Assessment and Safety Evaluation).

   2. (2) The 18-month retention period applies only if all the investigations in the case are given the disposition of "ruled out" and given one of the following three findings:

      1. (A) no significant factors;
      2. (B) risk controlled; or
      3. (C) risk not applicable.

2. (b) Risk indicated case records.

   1. (1) Case information is retained three years after the case is closed if TDPRS has concluded that abuse/neglect is ruled out and that a child in the family is at risk of abuse or neglect in the foreseeable future as specified in §700.514(d) of this title (relating to Risk Assessment and Safety).
   2. (2) The retention period applies if any one investigation in the case is "ruled out" with risk indicated.

Source Note:The provisions of this §700.110 adopted to be effective August 1, 1996, 21 TexReg 3213.