When DFPS determines that an employee committed reportable
conduct, DFPS provides a written notice (Notice of Finding) to the
employee. The Notice of Finding includes:
(1) a brief summary of the incident that resulted in
a validated finding of abuse, neglect, or financial exploitation and
a brief explanation of why the finding meets the definition of reportable
conduct;
(2) a statement of the employee's right to dispute
the finding by filing a request for hearing (Request for EMR Hearing)
and the instructions for doing so;
(3) a statement that DFPS will submit the employee's
name for inclusion in the Employee Misconduct Registry if the employee
accepts the finding of reportable conduct;
(4) an explanation of how the employee may obtain a
copy of the investigation records;
(5) a statement that a person whose name is recorded
in the Employee Misconduct Registry is prohibited by law from working
for certain facilities or agencies, as provided under Texas Health
and Safety Code, Chapters 250 and 253;
(6) a statement that DFPS may determine that the situation
is an emergency and that the case information or finding may be released
immediately to the agency where the employee is or was employed so
that the agency may take any precautions it determines necessary to
protect clients;
(7) a statement that DFPS reserves the right to make
an emergency release of the findings to any subsequent employer of
the employee if the employee has access to similar clients;
(8) a statement that the employee is responsible for
keeping DFPS timely informed of the employee's current employment
and residential contact information, including addresses and phone
numbers, pending the outcome of any appeal filed by the employee;
and
(9) a statement that if the employee fails, without
good cause, to file a timely Request for EMR Hearing, the employee
will be deemed to have waived the employee's rights to dispute the
finding and the employee's name will be submitted to the Employee
Misconduct Registry.
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