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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 87OMBUDSMAN SERVICES
SUBCHAPTER COMBUDSMAN FOR CHILDREN AND YOUTH IN FOSTER CARE
RULE §87.319Substantiating and Closing Complaints

(a) Once FCO staff have determined all pertinent information has been gathered and their investigation of a complaint is complete, they enter a resolution in the contact record, choosing substantiated, unable to substantiate, or unsubstantiated.

(b) For substantiated complaints, FCO staff also enter a program corrective action based on the response provided by program staff.

(c) An FCO complaint cannot be closed without a resolution and, for substantiated complaints, a program corrective action.

(d) The complaint record documents informing program staff and the youth of the resolution.

(e) A written response to program staff includes additional recommended corrective actions, when applicable. Regardless of whether DFPS, a vendor contracted to provide services on behalf of DFPS, or an HHS agency was the subject of the youth's complaint, DFPS is provided a copy of the written response to program staff.

(f) A written response may be provided to the youth, if requested, and includes:

  (1) a description of the steps taken to investigate the complaint;

  (2) a general description of what FCO found as a result of the investigation; and

  (3) if a complaint is:

    (A) substantiated, a description of the actions taken by DFPS, a vendor contracted to provide services on behalf of DFPS, or the HHS agency in response to that finding; or

    (B) unsubstantiated, a description of additional steps the youth can take to have someone review the youth's concern (e.g., speak to a court-appointed advocate or to the judge assigned to the youth's case).


Source Note: The provisions of this §87.319 adopted to be effective January 10, 2019, 44 TexReg 252; amended to be effective December 21, 2022, 47 TexReg 8273

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