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RULE §707.575What are the notice requirements for a designated perpetrator when we release information to outside parties?

(a) When we decide to release information about your status as a designated perpetrator as specified in §707.573 of this division (relating to When do we release information about a designated perpetrator to outside parties?), we must give you written notice of our decision to release the information regardless of the fact that we previously provided you written notice of the investigation findings.

(b) If our conclusion is about your status as a sustained perpetrator (meaning an Administrative Law Judge has already sustained the abuse and/or neglect finding as specified in §707.571(4) of this division (relating to What do the following pronouns, words, and terms mean when used in this division?), we have the authority to release the same information again without additional notice to you.

(c) Before we provide you the written notice, it must be approved by the Managing Regional Attorney for the region that issued the abuse and/or neglect finding.

(d) We must send the notice via certified mail with a return receipt requested, unless we determine that a faster form of written notice is required.

(e) The notice must include:

  (1) a specification of the investigation findings as defined in §707.495 (relating to How do we make dispositions after completing the investigation?) and §707.497 (relating to What roles can we assign to persons involved in a case after the investigation is complete?) of this subchapter;

  (2) notice of our decision to release information about your status as a designated perpetrator to the specific outside parties, which may include employers, licensing boards, and other entities who have control over your 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) you have a right to appeal the decision to release information about you;

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

    (C) the two copies of your written request for an appeal must be:

      (i) postmarked within 15 days after you receive the written notice; and

      (ii) sent to:

        (I) Texas Health and Human Services Legal Services Division, Enforcement Department Docket Clerk; and

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

    (D) you are responsible for providing the Docket Clerk and us 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 our release of the information now and in the future to other outside parties without your consent and without additional notice to you at any time in the future;

  (6) notice of your 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 our obligation to delete the following information from all written documentation that we provide to you:

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

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

  (8) notice that your 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 §707.575 adopted to be effective March 1, 2012, 37 TexReg 713; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8882; amended to be effective September 22, 2022, 47 TexReg 6250

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