| (a) Pursuant to Texas Family Code §261.315, you
will be entitled to request removal of information from our records
concerning your role as an alleged perpetrator in an investigation
if all of the allegations against you in that investigation are ruled-out:
(1) At the conclusion of the investigation which has
been approved for closure by a supervisor;
(2) As the result of an administrative review of investigation
findings (ARIF) conducted pursuant to §707.505 of this subchapter
(relating to What are the requirements for an administrative review
of investigation findings?);
(3) As the result of a review conducted by the Office
of Consumer Relations under division 3, subchapter I, chapter 702,
of this title (relating to Office of Consumer Affairs Review of Perpetrator
Designation);
(4) As the result of a due process hearing, when eligible,
as provided in subchapter F, chapter 700, of this title (relating
to Release Hearings); or
(5) As the result of any other final ruling which has
the legal effect of ruling out all allegations against you from that
investigation.
(b) Within 15 days following the conclusion of an investigation
or other final ruling as described in subsection (a) of this section,
we will mail a written notice to you informing you of your right to
request removal of certain information and of the procedures which
you must follow in order to exercise that right. If you are a minor,
we will send the notice to your parents or other person with primary
or legal responsibility.
(c) A request to remove role information shall not
be deemed to be properly made unless you:
(1) Submit the request on a completed form prescribed
by us and provided to you for this purpose, or submit a written request
containing substantially equivalent information which allows us to
locate the investigation in question and which clearly states the
purpose of the request;
(2) Sign the request, or your parents or other person
with primary or legal responsibility sign the request if you are a
minor; and
(3) Mail or deliver the request to us to the address
prescribed on the form for this purpose within 45 days after the mailing
date of the notice required in subsection (b) of this section.
(d) Upon receipt of a request for removal of role information
which meets all of the criteria set forth in subsection (c) of this
section, we will initiate procedures to remove any information from
our records which would tend to reveal that you were named as an alleged
perpetrator of abuse and neglect in the investigation in which all
allegations against you were ruled out. We will complete the process
of removal of role information within 90 days from receipt of a properly
submitted request.
(e) During the period of time following the receipt
of a request properly made under subsection (c) of this section, and
prior to the completion of the removal of information required in
subsection (d) of this section, we will not release any information
which is subject to removal under subsection (d) of this section to
anyone who might otherwise be entitled to receive a copy of the investigation
records, unless we are ordered to release that information pursuant
to a valid court order.
(f) A request for removal of role information which
does not meet the criteria set out in subsection (c) of this section
will be denied. Notice of the denial and the reasons for the denial
will be provided to you within 30 days of us receiving the request
for removal.
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