| (a) A director may not change a confirmed finding of
abuse, neglect, or exploitation made by DFPS. A director may change
an unconfirmed, inconclusive, or unfounded finding of abuse, neglect,
or exploitation made by DFPS to a confirmed finding. If the director
changes a finding to confirmed, the confirmed finding may not be appealed
to DFPS.
(b) A facility has the appeal opportunities described
in Chapter 711, Subchapter J, of this title (relating to Appealing
the Investigative Finding). If a director disagrees with the secondary
appeal decision made by DFPS in accordance with §711.911(b) of
this title (relating to How and When is the Appeal Conducted?), the
director must notify the DADS Commissioner of the disagreement. If
the DADS Commissioner also disagrees with the secondary appeal decision,
the DADS Commissioner may request that the DFPS Commissioner reconsider
the decision. The DADS Commissioner must submit a reconsideration
request to the DFPS Commissioner within 60 days after the date of
the secondary appeal decision. DADS may not contest the decision of
the DFPS Commissioner.
(c) A director must ensure that a victim, a victim's
LAR, and the protection and advocacy organization, if the protection
and advocacy organization is the victim's designated representative,
are promptly notified of:
(1) a final finding made by DFPS;
(2) the process for appealing the final finding as
described in Chapter 711, Subchapter J , of this title; and
(3) the right to receive a copy of the DFPS investigative
report, if requested from the director.
(d) A director must ensure that a perpetrator or alleged
perpetrator is notified of a final finding made by DFPS.
(e) If DFPS makes a final finding that an employee
has abused, neglected, or exploited an individual, the director of
the facility at which the employee is employed must take disciplinary
action against the employee in accordance with DADS operational procedures.
(1) The director must notify the employee in writing
of the disciplinary action being taken, the opportunity to access
a copy of the DFPS report, and of any opportunity that the employee
may have to file a complaint or request a grievance hearing.
(2) If the employee makes a written request to the
director for a copy of the investigative report and acknowledges in
writing that the contents of the report must be kept confidential,
the director must provide the employee with a copy of or access to
the DFPS investigative report.
(f) A facility must establish and implement a mechanism
to:
(1) evaluate a problematic pattern or trend identified
by a DFPS investigator or the facility; and
(2) take action to address the pattern or trend.
(g) A director must ensure that a victim, a victim's
LAR, and the protection and advocacy organization, if the protection
and advocacy organization is the victim's designated representative,
are promptly notified of:
(1) the disciplinary action taken against the perpetrator;
(2) an employee's right to request a grievance hearing
to dispute disciplinary action;
(3) the opportunity to be informed if an employee files
a grievance; and
(4) the opportunity to request a copy of the DFPS investigative
report.
(h) If the protection and advocacy organization informs
a director in writing that it represents a victim, the director must
notify the protection and advocacy organization if a perpetrator requests
a grievance hearing.
(i) If DFPS confirms abuse, neglect, or exploitation
and the perpetrator is a licensed professional employed at a facility,
the director of the facility at which the perpetrator is employed
must ensure that the appropriate licensing board is notified of the
confirmation.
(j) If an alleged perpetrator is a licensed professional
and the DFPS investigator determines that the allegation involves
clinical practice rather than abuse, neglect, or exploitation, the
facility at which the alleged perpetrator is employed must conduct
an investigation to determine if the allegation meets the licensing
board's criteria for peer review. If it meets peer review criteria,
the facility must conduct the peer review and ensure that the appropriate
licensing board is notified of the results.
(k) Upon request, a director must provide a copy of
a DFPS investigative report to a victim, a victim's LAR, and the protection
and advocacy organization, if the protection and advocacy organization
is the victim's designated representative. The identity of an individual,
other than the victim, and any other information confidential by law,
must be concealed. If the designated representative is the protection
and advocacy organization, the director must provide an unredacted
copy of the DFPS investigative report.
(l) A facility must report a finding of abuse, neglect,
or exploitation against an employee of the facility to CANRS.
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