40 Tex. Admin. Code § 705.1305 - How is the designated perpetrator notified of the intent to release?

Current through Reg. 46, No. 53; December 31, 2021

(a) The caseworker must give written notification to each designated perpetrator if:
(1) allegations of abuse, neglect, or financial exploitation are validated;
(2) the findings are to be released outside of DFPS to an entity or employer which allows the designated perpetrator access to adults with disabilities, adults aged 65 or older, or children; and
(3) the designated perpetrator, as a result of the release, may be denied a right or privilege, such as employment.
(b) Written notification must include:
(1) the findings to be released;
(2) the entity or employer to which the findings will be released;
(3) the designated perpetrator's right to request a copy of the investigation documentation, from which the reporter's name has been removed;
(4) a warning that the request for a copy of the investigation documentation may be denied if release of the investigation documentation would jeopardize an ongoing criminal investigation, or if the attorney representing DFPS in a lawsuit has determined that the information should be withheld;
(5) DFPS's decision that an emergency exists and that the findings have already been released, if applicable;
(6) the designated perpetrator's right to an administrative review and a release hearing to appeal the findings, and a warning that the findings will be released without the designated perpetrator's consent if the designated perpetrator does not request an appeal and the findings have not already been released in an emergency;
(7) the requirement that the designated perpetrator must request the appeal in writing and that the request must be postmarked within 20 days after the official notice is mailed by DFPS; and
(8) a statement that the designated perpetrator is responsible for keeping DFPS timely informed of the designated perpetrator's current address and to immediately notify DFPS of any change of address or contact information throughout the investigation and any period of time during which an appeal is pending.


40 Tex. Admin. Code § 705.1305
Adopted by Texas Register, Volume 46, Number 02, January 8, 2021, TexReg 0320, eff. February 1, 2021

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