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RULE §700.603What are the notice requirements for a designated perpetrator when DFPS releases information to outside parties?

(a) Written notice. When the Department of Family and Protective Services (DFPS) decides to release information about a designated perpetrator as specified in §700.602 of this title (relating to When may DFPS release information about a designated perpetrator to outside parties?), DFPS must give the designated perpetrator written notice of DFPS's decision to release the information. DFPS must give the designated perpetrator written notice without regard to the designated perpetrator's previous receipt of written notice of the investigation findings.

(b) No additional notice. If DFPS's conclusion is about a sustained perpetrator (meaning the designated perpetrator has already been sustained as specified in §700.601(4) of this title (relating to What do the following words and terms mean when used in this subchapter?)), DFPS has the authority to release the same information again without additional notice to the sustained perpetrator.

(c) Prior approval by attorney. Before the written notice is provided to the designated perpetrator, it must be approved by the Managing Regional Attorney for the region that issued the abuse and/or neglect finding.

(d) Certified mail. DFPS must send the notice via certified mail with a return receipt requested, unless staff determines that a faster form of written notice is required.

(e) What the notice must include. DFPS's notice must include:

  (1) a specification of the investigation findings as defined in §700.511 and §700.512 of this title (relating to Disposition of the Allegations of Abuse or Neglect and Conclusions about Roles);

  (2) notice of DFPS's decision to release information about the designated perpetrator to the specific outside parties, which may include employers, licensing boards, and other entities who have control over his 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) the designated perpetrator has a right to appeal the decision to release information about him/her;

    (B) to appeal the decision, the designated perpetrator must submit two copies of a written request for an appeal;

    (C) the two copies of the designated perpetrator's written request for an appeal must be:

      (i) postmarked within 15 days after the individual receives DFPS's written notice; and

      (ii) sent to:

        (I) the DFPS Docket Clerk; and

        (II) the Regional Director for the region that issued the abuse/neglect finding; and

    (D) the designated perpetrator is responsible for providing the Docket Clerk 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 DFPS's release of the information now and in the future to other outside parties without the designated perpetrator's consent and without additional notice to the designated perpetrator at any time in the future;

  (6) notice of the designated perpetrator's 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 DFPS's obligation to delete the following information from all written documentation that DFPS provides to the designated perpetrator:

    (A) the name of the person who reported the abuse or neglect that DFPS investigated; and

    (B) any other information that is confidential by law; and

  (8) notice that the designated perpetrator's 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.

Source Note: The provisions of this §700.603 adopted to be effective March 1, 2012, 37 TexReg 713

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