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RULE §707.517When is a person alleged to have committed abuse or neglect of a child entitled to request that we remove information from our records regarding that person's role as an alleged perpetrator in an investigation?

(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.

Source Note: The provisions of this §707.517 adopted to be effective July 15, 2020, 45 TexReg 4780

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