Overall Disposition: Reason-to-believe

Over the week-end I was thinking about CPS and the manner in which they determine RTB. I was thinking about the 211 Texas children who died violent deaths in 2012. Of those 114 had prior CPS involvement. CPS failed 54% of these children.

I was thinking about burden of proof and how before 1999, Texas used the old  "some credible evidence." Which in most states is enough to  "substantiate", even if there is more evidence of innocence. But in 1999, Texas adopted "Preponderance of the Evidence" which must meet the 51/49% Rule.

At 54%, the PoE shows that for the allegation that CPS failed to protect 114 children should be RTB. Thus using §700.511(b)(1), the Overall Disposition is Reason-to-believe. No matter how much showing otherwise, using their standards. CPS overall, failed. RTB for all.

This is what they do with families. They come out for some BS allegation, but find some little something to get a RTB, which then automatically creates an overall disposition of RTB. This is how they pin bad allegations on  families.

Sadly, after 14 years, many investigators appear to be still using the old standard. As a result many children are put needlessly into the CPS system. In Texas it is roughly 39,000 children per year. 

 Which resulted in the following rule.

RULE §700.511

(a) Allegation dispositions. An allegation disposition is the finding made in the investigation about each individual allegation of abuse/neglect which was identified at intake or during the investigation.

  (1) Reason-to-believe. Based on a preponderance of the evidence, staff conclude that abuse or neglect has occurred.

  (2) Ruled-out. Staff determine, based on available information, that it is reasonable to conclude that the abuse or neglect has not occurred.

  (3) Unable to complete. Staff could not draw a conclusion whether alleged abuse or neglect occurred, because the family:

    (A) could not be located to begin the investigation or moved and could not be located to finish the investigation; or

    (B) was unwilling to cooperate with the investigation.

  (4) Unable-to-determine. Staff conclude that none of the dispositions specified in paragraphs (1) - (3) of this subsection is appropriate.

  (5) Administrative closure. Information received after a case was assigned for investigation reveals that continued Child Protective Services intervention is unwarranted as outlined in §700.507 of this title (relating to Investigation Interviews).

(b) Overall disposition. The overall investigation disposition is the summary finding about the abuse or neglect that was investigated. The overall disposition is derived from the individual allegation dispositions in the following manner:

  (1) Reason-to-believe. If any allegation disposition is "reason-to-believe," the overall case disposition is "reason-to-believe."

  (2) Ruled out. If all allegation dispositions are "ruled out," the overall case disposition is "ruled out."

  (3) Unable to complete. If any allegation disposition is "unable to complete" and no allegation disposition is "reason-to-believe" or "unable to determine," the overall investigation disposition is "unable to complete."

  (4) Unable to determine. If any allegation disposition is "unable to determine" and no allegation disposition is "reason to believe," the overall case disposition is "unable to determine."

  (5) Administrative closure. Decisions with regard to administrative closure are made at the case level as specified in §700.507 of this title (relating to Investigation Interviews). Therefore, all allegations must be disposed of by indicating that administrative closure has been selected. If any one allegation meets criteria for allegation dispositions as specified in paragraphs (1) - (4) of this subsection, a case is not eligible for administrative closure.