| (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.
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