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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 108EARLY CHILDHOOD INTERVENTION SERVICES
SUBCHAPTER BPROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES
RULE §108.231Results of Hearing

(a) If, as a result of the hearing, the contractor decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child or family, it must amend the information accordingly and so inform the parent in writing.

(b) If, as a result of the hearing, the contractor decides that the information is accurate and not misleading or otherwise in violation of the privacy or other rights of the child or family, it must inform the parent of the right to place in the record it maintains on the child or family, a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the contractor.

(c) Any explanation placed in the records of the child or family under this section must:

  (1) be maintained by the contractor as part of the records of the child or family as long as the record or contested portion is maintained; and

  (2) if the records of the child or family or the contested portion is disclosed by the contractor to any party, the explanation must also be disclosed to the party.


Source Note: The provisions of this §108.231 adopted to be effective September 1, 2011, 36 TexReg 5387

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