reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 4 - CONFIDENTIALITY › Section 707.767 - Are there any portions of the abuse, neglect, and exploitation investigation records that may not be released to anyone?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as described in subsection (b) of
					 this section, we may not release the following portions of the abuse, neglect,
					 and exploitation investigation records to anyone:
(1) Any information that would interfere with
					 an ongoing law enforcement investigation or prosecution;
(2) Any information identifying the person
					 who made a report that resulted in an investigation;
(3) The location of a family violence
					 shelter;
(4) Information pertaining
					 to an individual who was provided family violence services;
(5) The location of a victims of trafficking
					 shelter center, which would include:
(A) A
					 general residential operation that provides trafficking victim services under
					 26 Texas Administrative Code (TAC) chapter 748, subchapter V (relating to
					 Additional Requirements For Operations that Provide Trafficking Services);
					 and
(B) A child-placing agency that
					 provides trafficking victim services under 26 TAC Chapter 749, Subchapter V
					 (relating to Additional Requirements For Child-Placing Agencies That Provide
					 Trafficking Victims Services);
(6) Information pertaining to an individual
					 who was provided services at a victims of trafficking shelter center, including
					 a general residential operation or a child-placing agency that provides
					 trafficking victim services;
(7)
					 The identity of any child or information identifying the child in an abuse,
					 neglect, or exploitation investigation, unless the requestor is:
(A) The child's parent or prospective
					 adoptive parent;
(B) A child day
					 care operation that was cited for a deficiency as a result of the
					 investigation;
(C) A residential
					 child care operation where the investigation occurred if the operation is cited
					 for a deficiency as a result of the investigation or the Department of Family
					 and Protective Services (DFPS) determines it is necessary for the operation to
					 ensure the welfare of children at the operation; or
(D) A single-source continuum contractor
					 (SSCC) for community-based care that subcontracts with the child care operation
					 where the investigation occurred;
(8) Foster home screenings, adoptive home
					 screenings, and post-placement adoptive reports, unless:
(A) The requester is the person being
					 evaluated; or
(B) The Department of
					 Family and Protective Services (DFPS) Commissioner approves the release of a
					 screening or report based on a determination that, in the Commissioner's
					 discretion, the release advances the goals of child protection; and
(9) Any other information made
					 confidential under state or federal law.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 4 - CONFIDENTIALITY › Section 707.769 - Who can review or have a copy of a photograph or an audio or visual recording, depiction, or documentation of a child that is in the abuse, neglect, or exploitation investigation records maintained by us?

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to the federal Child Abuse
					 Prevention and Treatment Act and Texas Human Resources Code (HRC) §42.004,
					 a photograph, videotape, audiotape, or other audio or visual recording,
					 depiction, or documentation of a child that is made in the course of an abuse,
					 neglect, or exploitation investigation is confidential and may only be released
					 as required by state and federal law or as specified in subsections (b) and (c)
					 of this section.
(b) We may
					 provide a copy of a photograph or an audio or visual recording, depiction, or
					 documentation of a child in our records to any of the following:
(1) Texas Department of Family and Protective
					 Services staff, including volunteers, as necessary to perform their assigned
					 duties;
(2) Child Care Licensing
					 (CCL) in order to carry out its regulatory functions under HRC, Chapter 42;
(3) Law enforcement for the
					 purpose of investigating allegations of child abuse, neglect, or exploitation;
					 failure to report child abuse, neglect, or exploitation; or false or malicious
					 reporting of alleged child abuse, neglect, or exploitation;
(4) An administrative law judge or a judge of
					 a court of competent jurisdiction in a criminal or civil case to which the
					 inspection or investigation is relevant;
(5) The parent of the child; and
(6) Any other person authorized by state or
					 federal law to have a copy.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 5 - ABUSE, NEGLECT, AND EXPLOITATION › Section 707.781 - What is the purpose of this division?

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this division is to further supplement
						and clarify the definitions in Texas Family Code §
											261.001 related to an
						investigation of abuse, neglect, and exploitation by a person responsible for a
						child's care, custody, or welfare in a child care operation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 5 - ABUSE, NEGLECT, AND EXPLOITATION › Section 707.783 - Who is considered a person responsible for a child's care, custody, or welfare for purposes of a child abuse, neglect, or exploitation investigation in a child care operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas
					 Family Code §
											261.001(5)
					 includes the following as a "person responsible for a child's care, custody, or
					 welfare" in a child care operation:
(1)
					 Foster parent of the child;
(2)
					 Personnel or a volunteer at a public or private child-care facility that
					 provides services for the child or at a public or private residential
					 institution or facility where the child resides; and
(3) An employee, volunteer, or other person
					 working under the supervision of a licensed or unlicensed child-care facility,
					 including a family home, residential child-care facility, employer-based
					 day-care facility, or shelter day-care facility, as those terms are defined in
					 Chapter 42, Texas Human Resources Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 5 - ABUSE, NEGLECT, AND EXPLOITATION › Section 707.785 - What do certain words and terms mean when used in this division?

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms used in this division have
						the following meanings unless the context clearly indicates otherwise:
(1) "Omission" means a failure to act.
(2) "Reasonable effort to prevent"
					 a type of abuse, including trafficking, means an action that a person
					 responsible for a child's care, custody, or welfare would have taken to protect
					 a child from the abuse that the person knew or reasonably should have known
					 occurred or was occurring. It is not required for that person to have directly
					 perpetrated the abuse.
(3)
					 "Substantial risk" means a real and significant possibility or
					 likelihood.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 5 - ABUSE, NEGLECT, AND EXPLOITATION › Section 707.787 - What is emotional abuse?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Emotional abuse is a subset of the statutory definitions of abuse that appear
					 in Texas Family Code §
											261.001(1)
					 and includes the following acts or omissions by a person:
(1) Mental or emotional injury to a child
					 that results in an observable and material impairment in the child's growth,
					 development, or psychological functioning;
(2) Causing or permitting the child to be in
					 a situation in which the child sustains a mental or emotional injury that
					 results in an observable and material impairment in the child's growth,
					 development, or psychological functioning; or
(3) The current use by a person of a
					 controlled substance as defined by Chapter 481, Health and Safety Code, in a
					 manner or to the extent that the use results in mental or emotional injury to a
					 child.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 5 - ABUSE, NEGLECT, AND EXPLOITATION › Section 707.789 - What is physical abuse?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Physical abuse is a subset of the statutory definitions of abuse that appear in
					 Texas Family Code §
											261.001(1)
					 and includes the following acts or omissions by a person:
(1) Physical injury that results in
					 substantial harm to the child, or the genuine threat of substantial harm from
					 physical injury to the child, including an injury that is at variance with the
					 history or explanation given and excluding an accident;
(2) Failure to make a reasonable effort to
					 prevent an action by another person that results in physical injury that
					 results in substantial harm to the child;
(3) The current use by a person of a
					 controlled substance as defined by Chapter 481, Health and Safety Code, in a
					 manner or to the extent that the use results in physical injury to a child;
					 or
(4) Causing, expressly
					 permitting, or encouraging a child to use a controlled substance as defined by
					 Chapter 481, Health and Safety Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 5 - ABUSE, NEGLECT, AND EXPLOITATION › Section 707.791 - What is sexual abuse?

Current through Reg. 49, No. 28; July 12, 2024
(a) Sexual
					 abuse is a subset of the statutory definitions of abuse that appear in Texas
					 Family Code §
											261.001(1)
					 and includes the following acts or omissions by a person:
(1) Sexual conduct harmful to a child's
					 mental, emotional, or physical welfare, including:
(A) Conduct that constitutes the offense of
					 continuous sexual abuse of young child or disabled individual under §
													21.02,
					 Penal Code;
(B) Indecency with a
					 child under §
													21.11,
					 Penal Code;
(C) Sexual assault
					 under §
													22.011, Penal
					 Code; or
(D) Aggravated sexual
					 assault under §
													22.021,
					 Penal Code;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 5 - ABUSE, NEGLECT, AND EXPLOITATION › Section 707.793 - What is labor trafficking?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Labor trafficking is a subset of the statutory definitions of abuse that appear
					 in Texas Family Code §
											261.001(1)
					 and includes the following acts or omissions by a person:
(1) Knowingly causing, permitting,
					 encouraging, engaging in, or allowing a child to be trafficked in a manner
					 punishable as an offense under §
												20A.02(a)(5) or
					 (6), Penal Code; or
(2) The failure to make a reasonable effort
					 to prevent a child from being trafficked in a manner punishable as an offense
					 under §
												20A.02(a)(5) or
					 (6), Penal Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 5 - ABUSE, NEGLECT, AND EXPLOITATION › Section 707.795 - What is sex trafficking?

Current through Reg. 49, No. 28; July 12, 2024
(a) Sex
					 trafficking is a subset of the statutory definitions of abuse that appear in
					 Texas Family Code §
											261.001(1)
					 and includes the following acts or omissions by a person:
(1) Knowingly causing, permitting,
					 encouraging, engaging in, or allowing a child to be trafficked in a manner
					 punishable as an offense under §
												20A.02(a)(7) or
					 (8), Penal Code; or
(2) The failure to make a reasonable effort
					 to prevent a child from being trafficked in a manner punishable as an offense
					 under §
												20A.02(a)(7) or
					 (8), Penal Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 5 - ABUSE, NEGLECT, AND EXPLOITATION › Section 707.797 - What is forced marriage?

Current through Reg. 49, No. 28; July 12, 2024
Forced marriage is a subset of the statutory definitions
						of neglect that appear in Texas Family Code §
											261.001(1)
						and includes the following act or omission by a person: forcing or coercing a
						child to enter into a marriage.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 5 - ABUSE, NEGLECT, AND EXPLOITATION › Section 707.799 - What is exploitation?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Exploitation is a statutory definition that appear in Texas Family Code §
											261.001(3)
					 and involves the illegal or improper use of a child or of the resources of a
					 child for monetary or personal benefit, profit, or gain by an employee,
					 volunteer, or other individual working under the auspices of a child care
					 facility or program.
(b) In this
					 section, "employee, volunteer, or other individual working under the auspices
					 of a facility or program" has the same definition as specified in
					 §707.783(b) in this division (relating to Who is considered a person
					 responsible for a child's care, custody, or welfare for purposes of a child
					 abuse, neglect, or exploitation investigation in a child care
					 operation?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 5 - ABUSE, NEGLECT, AND EXPLOITATION › Section 707.803 - When will we use the "reasonable and prudent parent standard" in conducting an investigation in a child care operation?

Current through Reg. 49, No. 28; July 12, 2024
We will use the "reasonable and prudent parent standard"
						as defined in Texas Family Code §
											264.001(5)
						when we investigate whether:
(1) A
					 child-placing agency or general residential operation was deficient in
					 violation of a standard, rule, or other law because a foster parent or
					 designated person:
(A) Allowed a child to
					 participate in a childhood activity; or
(B) Denied a child access to a childhood
					 activity or activities; or
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 6 - ADMINISTRATIVE REVIEWS › Section 707.815 - What is an administrative review?

Current through Reg. 49, No. 28; July 12, 2024
An administrative review is an informal review we
						conduct at the request of a designated perpetrator to determine whether the
						Reason to Believe finding of abuse, neglect, or exploitation is supported by a
						preponderance of evidence. The review is not a formal hearing and therefore
						does not involve formal examination and cross-examination of
						witnesses.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 6 - ADMINISTRATIVE REVIEWS › Section 707.817 - Who may request an administrative review?

Current through Reg. 49, No. 28; July 12, 2024
A designated perpetrator may request an administrative
						review for a finding of abuse, neglect, or exploitation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 6 - ADMINISTRATIVE REVIEWS › Section 707.819 - How does a designated perpetrator request an administrative review?

Current through Reg. 49, No. 28; July 12, 2024
(a) To request an administrative review you
					 must submit a written request by postal mail, fax, or email to the name and
					 address indicated in our notification letter.
(b) The written request must:
(1) Describe the specific abuse, neglect, or
					 exploitation finding(s) that you are disputing; and
(2) Include any documentation that supports
					 your position, such as photographs, diagrams, or written and signed statements.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 6 - ADMINISTRATIVE REVIEWS › Section 707.821 - Who conducts the administrative review?

Current through Reg. 49, No. 28; July 12, 2024
The relevant Child Care Investigations' division
						administrator or a designee may conduct the review. The designee must not have
						been involved in or directly supervised the abuse, neglect, or exploitation
						investigation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 6 - ADMINISTRATIVE REVIEWS › Section 707.823 - How is the administrative review conducted?

Current through Reg. 49, No. 28; July 12, 2024
(a) Administrative reviews are generally
					 conducted by telephone, although we may conduct the review in a face-to-face
					 meeting at our office.
(b) We will
					 contact you within 10 calendar days of receiving your written request for an
					 administrative review to schedule a time to conduct the review. The telephone
					 conference or meeting must occur within 30 days of the date of this initial
					 contact unless additional time is necessary in order for us to comply with your
					 request for records related to the subject of the administrative review. If
					 additional time is necessary, then the 30-day timeframe for completing the
					 telephone conference or meeting will begin when you obtain the records.
(c) We will proceed with the
					 administrative review without conducting the telephone conference or meeting
					 if:
(1) You do not respond to our attempts to
					 contact you to schedule the telephone conference or meeting;
(2) You do not schedule the conference or
					 meeting within the 30-day timeframe, unless the person conducting the review
					 finds that there is good cause to schedule the conference or meeting at a later
					 date; or
(3) You miss the
					 scheduled conference or meeting without requesting a delay under subsection (d)
					 of this section.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 6 - ADMINISTRATIVE REVIEWS › Section 707.825 - What actions regarding an abuse, neglect, or exploitation finding may we take at the conclusion of the administrative review?

Current through Reg. 49, No. 28; July 12, 2024
(a) Regardless of whether we conducted a
					 telephone conference or meeting, the Child Care Investigations' division
					 administrator or designee will uphold, reverse, or alter the abuse, neglect, or
					 exploitation finding. If we proceed with the administrative review without
					 conducting the telephone conference or meeting based on one of the reasons
					 outlined in §707.823(c) of this division (relating to How is the
					 administrative review conducted?), the decision to uphold, reverse, or alter
					 the finding will be based on your written request and any supporting
					 documentation submitted with your request.
(b) If the finding is reversed or altered, we
					 will:
(1) update our records to reflect the
					 change; and
(2) inform any
					 operation previously notified of the investigation findings under
					 §707.745(a)(4) of Division 2 (relating to Whom will we inform of the
					 abuse, neglect, or exploitation investigation results?) of the reversal or
					 change within five calendar days.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 6 - ADMINISTRATIVE REVIEWS › Section 707.827 - When will a decision regarding the administrative review be issued?

Current through Reg. 49, No. 28; July 12, 2024
The Child Care Investigations' division administrator or
						designee will prepare and send a written decision to you within 30 calendar
						days of conducting the telephone conference or meeting or within 60 days of the
						request for an administrative review if we proceed with the administrative
						review without conducting the telephone conference or meeting based on one of
						the reasons outlined in §707.823(c) of this division (relating to How is
						the administrative review conducted?), unless good cause exists to extend the
						time frame according to Child Care Investigations policy.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 6 - ADMINISTRATIVE REVIEWS › Section 707.829 - Can a designated perpetrator waive the right to an administrative review?

Current through Reg. 49, No. 28; July 12, 2024
You will waive your right to an administrative review
						if:
(1) You do not request an
					 administrative review according to §707.819 in this division (relating to
					 How does a designated perpetrator request an administrative review?);
					 or
(2) You submit a written
					 statement to us stating that you would like to waive your right to the
					 administrative review.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 6 - ADMINISTRATIVE REVIEWS › Section 707.831 - What happens if a designated perpetrator waives the right to an administrative review?

Current through Reg. 49, No. 28; July 12, 2024
The abuse, neglect, or exploitation finding will remain
						the same, and we will forward you a notice of your right to a due process
						hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 7 - DUE PROCESS HEARINGS › Section 707.841 - What is a due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
A due process hearing is a formal legal proceeding that
						provides a designated perpetrator the right to challenge a finding of abuse,
						neglect, or exploitation in an impartial setting before an administrative law
						judge of the State Office of Administrative Hearings. The judge decides if the
						facts that existed at the time we made the finding meet the preponderance of
						evidence standard and decides whether to uphold, reverse, or alter the
						finding.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 7 - DUE PROCESS HEARINGS › Section 707.843 - Who may request a due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
A designated perpetrator may request a due process
						hearing for a finding of abuse, neglect, or exploitation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 7 - DUE PROCESS HEARINGS › Section 707.845 - How do I request a due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) To request a due process hearing you must
					 send a written request to the Docket Clerk for Child Care Licensing in the
					 Texas Health and Human Services Legal Services Division, Enforcement
					 Department. The notice informing you of your right to request a due process
					 hearing will include the mailing address, email address, or fax number where
					 you may send your request.
(b) The
					 written request must:
(1) Describe the
					 specific abuse, neglect, or exploitation finding you are disputing; and
(2) Include a copy of the
					 notification letter informing you of your rights to a due process hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 7 - DUE PROCESS HEARINGS › Section 707.847 - What happens after a designated perpetrator makes a request for a due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) After you
					 request a due process hearing, the Texas Health and Human Services (HHSC) Legal
					 Services Division will ask the State Office of Administrative Hearings to
					 appoint an administrative law judge to conduct a hearing to make a final
					 decision regarding the finding of abuse, neglect, or exploitation.
(b) After the State Office of Administrative
					 Hearings assigns a docket number to your case:
(1) The HHSC Legal Services Division will
					 send you a notice of the hearing by regular and certified mail to your last
					 known address as shown by our records; or
(2) If the Docket Clerk has received written
					 notice of representation from an attorney who will be representing you at the
					 hearing, the HHSC Legal Services Division will send the notice of the hearing
					 to the attorney in a manner allowed under the rules referenced in §707.849
					 in this division (relating to How is a due process hearing conducted?).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 7 - DUE PROCESS HEARINGS › Section 707.849 - How is a due process hearing conducted?

Current through Reg. 49, No. 28; July 12, 2024
A due process hearing is conducted according to the
						following procedural rules which are incorporated into this rule by reference:
(1) rules of the State Office
					 Administrative Hearings (SOAH) found at 1 Texas Administrative Code Chapter 155
					 (relating to Rules of Procedure);
(2) Texas Government Code, Chapter 2001,
					 Administrative Procedures Act (APA) rules, to the extent that they do not
					 conflict with the SOAH rules; and
(3) the Texas Rules of Civil Procedure, to
					 the extent that they do not conflict with the SOAH or APA rules.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 7 - DUE PROCESS HEARINGS › Section 707.851 - Can due process hearings be combined?

Current through Reg. 49, No. 28; July 12, 2024
Yes. An administrative law judge (ALJ) may combine
						hearings that involve issues related to the same decision or action, including
						hearings from different agencies that are related. For example, if Child Care
						Licensing (CCL) takes an adverse action against your operation based on a
						finding of child abuse, neglect, or exploitation that we made, and you request
						a due process hearing on the abuse, neglect, or exploitation finding as well as
						the adverse action, then the ALJ may combine the hearing to listen to these
						related issues at the same time. Another example is when three different
						individuals are designated as perpetrators of abuse, neglect, or exploitation
						based on the same incident, and all three individuals request a due process
						hearing. In this situation, the ALJ may combine all three hearings to listen to
						the related abuse, neglect, or exploitation issues at the same time. However,
						the ALJ's judgment must reflect a determination on all of the individual due
						process requests before the ALJ.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 7 - DUE PROCESS HEARINGS › Section 707.853 - What actions may the administrative law judge take on the abuse, neglect, or exploitation finding at the due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
The administrative law judge may uphold, reverse, or
						modify an abuse, neglect, or exploitation finding that is the subject of the
						due process hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 7 - DUE PROCESS HEARINGS › Section 707.855 - What if I do not appear at my due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
If you do not appear, the administrative law judge may
						enter a default decision that upholds the abuse, neglect, or exploitation
						finding.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 7 - DUE PROCESS HEARINGS › Section 707.857 - What actions must we take in response to an administrative law judge's action regarding an abuse, neglect, or exploitation finding?

Current through Reg. 49, No. 28; July 12, 2024
(a) If the administrative law judge (ALJ)
					 alters or reverses the finding, we will:
(1)
					 update our records to reflect the change; and
(2) inform any operation previously notified
					 of investigation findings under §707.745(a)(4) of Division 2 (relating to
					 Whom will we inform of the abuse, neglect, or exploitation investigation
					 results?) of the reversal or change within five calendar days.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 7 - DUE PROCESS HEARINGS › Section 707.859 - Can I waive my right to a due process hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may waive your right to a due process
					 hearing by:
(1) Not requesting a due process
					 hearing according to §707.845 in this division (relating to How do I
					 request a due process hearing?);
(2) Submitting a written statement to the
					 appropriate Child Care Investigations investigator that you are waiving your
					 right to the due process hearing before the 30-day timeframe has expired; or
(3) If you have already requested
					 a hearing, submitting a written statement to the Texas Health and Human
					 Services Legal Services Division that you are waiving your right to the due
					 process hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter B - RULES OF PRACTICE BEFORE THE TEXAS BOARD OF PROTECTIVE AND REGULATORY SERVICES › Section 730.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Board--The Texas Board
				  of Protective and Regulatory Services.
(2) Person--Any individual, including a
				  member of the legislature, legislative employee, state officer, or state
				  employee.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter B - RULES OF PRACTICE BEFORE THE TEXAS BOARD OF PROTECTIVE AND REGULATORY SERVICES › Section 730.102 - Notice of Agenda

Current through Reg. 49, No. 28; July 12, 2024
The agenda of a board meeting will be furnished to the
					 secretary of state for posting with the notice of the board
					 meeting.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter B - RULES OF PRACTICE BEFORE THE TEXAS BOARD OF PROTECTIVE AND REGULATORY SERVICES › Section 730.103 - Requests for Information

Current through Reg. 49, No. 28; July 12, 2024
Requests for information concerning the agenda of scheduled
					 board meeting should be addressed to: Executive Director's Office, Texas
					 Department of Protective and Regulatory Services, P.O. Box 149030, Austin,
					 Texas 78714-9030.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter B - RULES OF PRACTICE BEFORE THE TEXAS BOARD OF PROTECTIVE AND REGULATORY SERVICES › Section 730.104 - Submittal of Agenda Items

Current through Reg. 49, No. 28; July 12, 2024
Any person who wishes to place an item or subject on the
					 agenda must submit his request in writing to the executive director. Requests
					 will be considered by the chairman in the order received and placed on the
					 agenda for the next appropriate regularly scheduled meeting.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter B - RULES OF PRACTICE BEFORE THE TEXAS BOARD OF PROTECTIVE AND REGULATORY SERVICES › Section 730.105 - Appearance Before Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person
				  who wishes to appear before the board during a board meeting shall present
				  himself in person at the meeting and present the registration form.
(b) Based on the information in the
				  registration form, the chairman of the board will determine those persons who
				  will be permitted to appear before the board during the meeting.
(c) Persons appearing before the board during
				  a meeting must address themselves to subject matter which is on the agenda of
				  the meeting in question.
(d) The
				  board may direct the Texas Department of Protective and Regulatory Services to
				  hold a public hearing concerning a substantive rule which is pending before the
				  board. In such a case, the board may direct persons wishing to appear before
				  the board concerning the rule to make their presentation at the public hearing
				  rather than the board meeting.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter C - PROCEDURE FOR PUBLIC HEARINGS ON PROPOSED SUBSTANTIVE RULES › Section 730.201 - Request for Public Hearing

Current through Reg. 49, No. 28; July 12, 2024
Prior to the adoption of a substantive rule, opportunity
					 for a public hearing will be granted by the Texas Department of Protective and
					 Regulatory Services if requested by at least 25 persons, a governmental
					 subdivision or agency, or by an association of at least 25 members, within 30
					 days of the effective date of notice established by publication of the proposed
					 rule in the Texas Register. A public hearing will also be held by the
					 department when directed by the Texas Board of Protective and Regulatory
					 Services or the executive director of the Texas Department of Protective and
					 Regulatory Services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter C - PROCEDURE FOR PUBLIC HEARINGS ON PROPOSED SUBSTANTIVE RULES › Section 730.202 - Arrangements for Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Such public
				  hearing will be held in Austin, at a date, time, and place determined by the
				  Texas Department of Protective and Regulatory Services.
(b) The date, time, and place of the public
				  hearing will be filed with the secretary of state to be posted and published in
				  the Texas Register. Notice of the public hearing will also be sent by the
				  department to those persons, governmental subdivisions or agencies, or
				  associations of at least 25 members who have requested a public hearing within
				  the 30-day period.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter C - PROCEDURE FOR PUBLIC HEARINGS ON PROPOSED SUBSTANTIVE RULES › Section 730.203 - Conduct of Hearing

Current through Reg. 49, No. 28; July 12, 2024
The presiding officer at the public hearing shall be the
					 executive director of the Texas Department of Protective and Regulatory
					 Services or his designee. The presiding officer will ensure that proper
					 procedure and order are maintained throughout the public hearing. In addition,
					 other Texas Department of Protective and Regulatory Services employees and
					 persons requested by the department may be present to advise the presiding
					 officer, answer questions from the public, and perform other functions
					 considered appropriate by the presiding officer.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter C - PROCEDURE FOR PUBLIC HEARINGS ON PROPOSED SUBSTANTIVE RULES › Section 730.204 - Request for Appearance

Current through Reg. 49, No. 28; July 12, 2024
All individuals desiring to make an oral presentation at
					 the public hearing shall submit to the Texas Department of Protective and
					 Regulatory Services a request for appearance. This form shall be made available
					 at the public hearing and must be filled out and presented to the presiding
					 officer before the hearing begins. Persons wishing to speak who have not filled
					 out the request for appearance form and presented it to the presiding officer
					 before the hearing commences may speak at the discretion of the presiding
					 officer and if time permits.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter C - PROCEDURE FOR PUBLIC HEARINGS ON PROPOSED SUBSTANTIVE RULES › Section 730.205 - Opening Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The presiding
				  officer shall open the public hearing by calling the hearing to order and
				  presenting a concise statement of the proposed rule in question and the reason
				  for the hearing.
(b) After the
				  opening statement the presiding officer shall announce the order of appearance
				  of the speakers and an equal time limit for each based on the number of request
				  received to appear at the hearing and the estimated time necessary to make the
				  presentation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter C - PROCEDURE FOR PUBLIC HEARINGS ON PROPOSED SUBSTANTIVE RULES › Section 730.206 - Speakers' Time Periods

Current through Reg. 49, No. 28; July 12, 2024
There shall be no more than one time period allowed for
					 each person, organization or group, association, or agency wishing to speak
					 unless in the opinion of the presiding officer an additional time period is
					 warranted and can be granted without interfering with the opportunity of others
					 to speak.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter C - PROCEDURE FOR PUBLIC HEARINGS ON PROPOSED SUBSTANTIVE RULES › Section 730.207 - Subject Restriction

Current through Reg. 49, No. 28; July 12, 2024
Speakers must address themselves to the subject matter of
					 the hearing. The presiding officer may reduce speaking time of speakers who do
					 not abide by the provisions of this section. Written submissions may be
					 presented to the presiding officer immediately preceding and immediately after
					 the hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter C - PROCEDURE FOR PUBLIC HEARINGS ON PROPOSED SUBSTANTIVE RULES › Section 730.208 - Time Limit for Hearing

Current through Reg. 49, No. 28; July 12, 2024
The total time limit for the public hearing shall not be
					 longer than six hours. As circumstances warrant, the presiding officer may
					 close the hearing any time before reaching the six-hour
					 limit.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter C - PROCEDURE FOR PUBLIC HEARINGS ON PROPOSED SUBSTANTIVE RULES › Section 730.209 - Record and Report to Board

Current through Reg. 49, No. 28; July 12, 2024
(a) A hearing
				  secretary shall make a record of the public hearing either by electronic
				  recording or by written minutes, at the option of the Texas Department of
				  Protective and Regulatory Services.
(b) A report outlining arguments and
				  submissions presented at the public hearing will be presented for Texas Board
				  of Protective and Regulatory Services consideration at the next appropriate
				  board meeting after the hearing. The report may include department analysis and
				  recommendations concerning the rule in question and issues raised at the public
				  hearing as well as any action taken by the department.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter C - PROCEDURE FOR PUBLIC HEARINGS ON PROPOSED SUBSTANTIVE RULES › Section 730.210 - Response to Public Comments

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Protective and Regulatory Services
					 shall consider fully all written and oral submissions concerning the proposed
					 rule. On adoption of a rule, the department, if requested to do so by an
					 interested person either prior to adoption or within 30 days after adoption,
					 shall issue a concise statement of the principal reasons for and against its
					 adoption, incorporating in the statements its reasons for overruling the
					 consideration urged against its adoption.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter D - RULEMAKING PROCEDURES › Section 730.301 - Petition for Proposed Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  individuals or groups, including department employees, may submit a rule for
				  consideration by the Texas Department of Protective and Regulatory Services
				  (PRS). Rulemaking petitions must be in the form of a letter that is addressed
				  to Texas Department of Protective and Regulatory Services, Policy and Document
				  Support--MC E-503, 701 West 51st Street, P.O. Box 149030, Austin, Texas
				  78714-9030, and that contains the following information:
(1) a brief explanation of the proposed
				  rule;
(2) the text of the proposed
				  rule, in the exact form proposed for adoption;
(3) a statement of the statutory or other
				  authority under which the rule is to be promulgated;
(4) a suggested date of adoption;
(5) the public benefit anticipated as a
				  result of adopting the rule;
(6)
				  the petitioner's name, mailing address, and telephone number; and
(7) the petitioner's signature.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter D - RULEMAKING PROCEDURES › Section 730.302 - Advance Notice

Current through Reg. 49, No. 28; July 12, 2024
When requests for advance notice of the Texas Department of
					 Protective and Regulatory Services' (PRS's) rulemaking proceedings are
					 received, the Policy and Document Support Section will provide the requesting
					 individuals with notice of the proposed rules at the same time that notice of
					 the proposed rules is filed with the secretary of state. The requests for
					 advance notice may be one-time requests specifying certain rules or they may be
					 ongoing requests for general categories of rules.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter D - RULEMAKING PROCEDURES › Section 730.303 - Public Comment on Proposed Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior
				  to the adoption of proposed rules, the Texas Department of Protective and
				  Regulatory Services provides all interested persons a reasonable opportunity to
				  submit data, views, or arguments, either orally or in writing.
(b) Written comments must be submitted to
				  Policy and Document Support--MC E-503, Texas Department of Protective and
				  Regulatory Services, 701 West 51st Street, P.O. Box 149030, Austin, Texas
				  78714-9030 during the 30-calendar-day comment period, which begins on the date
				  the proposed rule was published in the Texas Register, as specified by state
				  law.
(c) If a public hearing has
				  been scheduled on a proposed rule, individuals wishing to submit oral comment
				  may appear at the hearing and testify. If no public hearing has been scheduled,
				  oral comments are accepted by the responsible program staff, and are documented
				  on the appropriate departmental form for consideration in preparing the
				  proposed rule for adoption.