Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter A - INVESTIGATIONS › Division 3 - RELEASE HEARINGS › Section 707.575 - What are the notice requirements for a designated perpetrator when we release information to outside parties?

Current through Reg. 49, No. 28; July 12, 2024
(a) When we decide to release information
					 about your status as a designated perpetrator as specified in §707.573 of
					 this division (relating to When do we release information about a designated
					 perpetrator to outside parties?), we must give you written notice of our
					 decision to release the information regardless of the fact that we previously
					 provided you written notice of the investigation findings.
(b) If our conclusion is about your status as
					 a sustained perpetrator (meaning an Administrative Law Judge has already
					 sustained the abuse and/or neglect finding as specified in §707.571(4) of
					 this division (relating to What do the following pronouns, words, and terms
					 mean when used in this division?), we have the authority to release the same
					 information again without additional notice to you.
(c) Before we provide you the written notice,
					 it must be approved by the Managing Regional Attorney for the region that
					 issued the abuse and/or neglect finding.
(d) We must send the notice via certified
					 mail with a return receipt requested, unless we determine that a faster form of
					 written notice is required.
(e) The
					 notice must include:
(1) a specification of
					 the investigation findings as defined in §707.495 (relating to How do we
					 make dispositions after completing the investigation?) and §707.497
					 (relating to What roles can we assign to persons involved in a case after the
					 investigation is complete?) of this subchapter ;
(2) notice of our decision to release
					 information about your status as a designated perpetrator to the specific
					 outside parties, which may include employers, licensing boards, and other
					 entities who have control over your access to children or vulnerable
					 adults;
(3) notice, when
					 applicable, that the information will be released on an emergency basis before
					 an appeal can be completed;
(4)
					 notice that:
(A) you have a right to appeal
					 the decision to release information about you ;
(B) to appeal the decision, you must submit
					 two copies of a written request for an appeal;
(C) the two copies of your written request
					 for an appeal must be:
(i) postmarked within
					 15 days after you receive the written notice; and
(ii) sent to:
(I) Texas Health and Human Services Legal
					 Services Division, Enforcement Department Docket Clerk; and
(II) the Regional Director for the region
					 that issued the abuse/neglect finding; and
(D) you are responsible for providing the
					 Docket Clerk and us with written notification of any change in address that
					 occurs after having requested a release hearing;
(5) notice that failure to appeal the
					 decision may result in our release of the information now and in the future to
					 other outside parties without your consent and without additional notice to you
					 at any time in the future;
(6)
					 notice of your right to:
(A) review all
					 audiotapes and videotapes included in DFPS's investigation record, if any;
					 and
(B) request a copy of all the
					 written documentation included in DFPS's investigation record;
(7) notice of our obligation to
					 delete the following information from all written documentation that we provide
					 to you :
(A) the name of the person who
					 reported the abuse or neglect that we investigated; and
(B) any other information that is
					 confidential by law; and
(8) notice that your request for a copy of
					 the written documentation included in the investigation record may be denied
					 if:
(A) releasing the documentation would
					 jeopardize an ongoing criminal investigation or proceeding; or
(B) the attorney representing DFPS in a
					 lawsuit has determined that the documentation must be withheld.