Revision 21-1; Effective April 26, 2021

If a designated perpetrator works for another provider, the investigator may release the confirmed findings of the investigation to the other employer or person after completing the due process outlined below. PI does not release findings of Inconclusive, Unconfirmed, or Unfounded to the other employer or person.

If PI releases a confirmed investigation finding to another employer or person, the designated perpetrator must be given prior written notification and an opportunity to request an Administrative Review of Investigative Findings and a hearing before the State

Office of Administrative Hearings (SOAH) as part of due process.

Due Process is only applicable when PI wants to release a finding of Confirmed to the designated perpetrator's other employer or person when the designated perpetrator is not:

• the designated perpetrator in a school investigation, see Human Resources Code §48.102(a); or
• eligible for inclusion in the Employee Misconduct Registry (EMR).

For allegations that rise to the level of reportable conduct, the EMR hearing is the designated perpetrator's due process. See 5000 The Employee Misconduct Registry for information related to the EMR process.

See 4230 Release of Findings for School Employees for allegations involving a school investigation.

4210 Due Process: Non-Emergency Release of Findings

Revision 21-1; Effective April 26, 2021

A non-emergency release of findings is completed when:

• PI confirms an allegation of abuse, neglect, or exploitation against a designated perpetrator;
• PI determines an emergency release of findings is not applicable; and
• another employer or person allows the designated perpetrator to have access to persons who are age 65 or older, adults with disabilities or children.

PI must give written notification to each designated perpetrator if:

• allegations of abuse, neglect, or exploitation are confirmed;
• the findings are to be released outside of PI to an employer or person which allows the designated perpetrator access to persons who are age 65 or older, adults with disabilities, or children; and
• the designated perpetrator, because of the release, may be denied a right or privilege, such as employment.

PI sends the designated perpetrator a Notification of Intent to Release letter and a Request for Administrative Review letter to initiate due process.

The Notification of Intent to Release includes:

• the findings to be released;
• the entity or employer to which the findings will be released;
• the designated perpetrator's right to request a copy of the investigation documentation, from which the reporter's name has been removed;
• a warning that the request for a copy of the investigation documentation may be denied if release of the investigation documentation would jeopardize an ongoing criminal investigation, or if the attorney representing PI in a lawsuit has determined that the information should be withheld;
• PI's decision that an emergency exists and that the findings have already been released, if applicable;
• the designated perpetrator's right to an administrative review and a release hearing to appeal the findings, and a warning that the findings will be released without the designated perpetrator's consent if the designated perpetrator does not request an appeal and the findings have not already been released in an emergency;
• the requirement that the designated perpetrator must request the appeal in writing and that the request must be postmarked within 20 days after PI mails the official notice; and
• a statement that the designated perpetrator is responsible for keeping PI informed of the designated perpetrator's current address and to immediately notify PI of any change of address or contact information throughout the investigation and time during which an appeal is pending.

See related 40 TAC §705.1305(b).

4210.1 Administrative Review

Revision 21-1; Effective April 26, 2021

An administrative review is an informal review conducted by the director of provider investigation or their designee. The administrative review is required before offering a release hearing to the designated perpetrator.

Step 1: Request for Administrative Review

The designated perpetrator requests an administrative review of the investigation findings for any non-EMR investigation by completing and returning the Request for Administrative Review to the director of provider investigations.

The Request for Administrative Review must be postmarked within 20 calendar days after the official notice is mailed by PI or the right to the administrative review is forfeited.

If the request is timely, the reviewer sends the designated perpetrator an Appointment Letter for Administrative Review, providing the date and time for the review.

If the designated perpetrator does not request an administrative review within 20 calendar days after PI mails the official notice, PI may release the information unless it has already been released as an emergency release.

If PI made an emergency release and did not receive a request for an administrative review, the investigator sends the designated perpetrator a notice confirming the emergency release.

See 4220 Due Process: Emergency Release of Findings.

Step 2: Request for Records for an Administrative Review

The designated perpetrator may request a redacted copy of the investigative report using the Request for Administrative Review letter provided by PI.

Step 3: Administrative Review Process

At the administrative review, the designated perpetrator may:

• appear in person and be accompanied by a representative;
• submit written material that is relevant to the case;
• have a certified interpreter provided by DFPS if the designated perpetrator does not speak English or is hearing impaired, or may provide their own interpreter; or
• all the above.

See related 40 TAC §705.1307(a).

The designated perpetrator is responsible for any costs they may incur for the review, except for interpreter services provided by PI.

See related 40 TAC §705.1307(b).

Formal rules of evidence are not applicable to the administrative review. The designated perpetrator may make statements, provide information, or ask questions. The designated perpetrator may bring statements from additional witnesses. No live testimony from witnesses other than from the designated perpetrator is accepted at this informal review. The reviewer may clarify issues, ask questions, and gather any information needed for a decision.

Within 45 days of the administrative review, the reviewer decides to sustain, alter, or reverse the original findings based on the same requirements and criteria that investigators and supervisors use to conduct investigations and reach conclusions.

Step 4: Administrative Review Outcome

The designated perpetrator receives an Administrative Review of the Investigation Findings letter notifying them of the administrative review outcome. The notification includes a Request for Release Hearing letter.

4220 Due Process: Emergency Release of Findings

Revision 21-1; Effective April 26, 2021

If PI determines that a delay in releasing the findings will place people age 65 or older, or adults or children with disabilities in a state of or at risk of serious harm, PI may release the findings before offering due process to the designated perpetrator. This process is an emergency release of findings.

If an emergency release of findings is necessary, PI notifies the employer, or other person allowing the designated perpetrator access to vulnerable adults or children of the findings.

Since the designated perpetrator is entitled to receive written notification and has the right to appeal the findings, PI notifies the designated perpetrator by sending them the Emergency Release Notification and Request for Administrative Review letters. PI does not have to notify the designated perpetrator before releasing the finding to an employer in an emergency.

The Emergency Release Notification to the designated perpetrator outlines:

• PI's decision that an emergency exists and notification that the findings have been released to other employers or entities;
• the designated perpetrator's right to appeal an emergency release; and
• instructions on how to appeal the finding.

Once due process is complete, PI sends the Final Letter of Due Process to the employer or entity, which outlines:

• that due process has been offered or provided; and
• whether the findings have changed.

See related 40 TAC §705.1305.

4230 Due Process: Release of Findings for School Employees

Revision 19-1; Effective July 1, 2019

 

4230.1 Releasing the PI Investigation to School Officials

Revision 21-1; Effective April 26, 2021

• PI sends a copy of the Provider Abuse/Neglect Report and Notice of Conclusion of Investigation (School Employees) to the:
  • provider;
  • Texas State Board of Educator Certification;
  • president of the local school board or the school's governing body; and
  • school principal or director, unless the principal or director is the alleged perpetrator.

The Notice of Conclusion of Investigation (School Employees) includes:

• information about the designated perpetrator's right to an administrative review after release of findings involving confirmed allegations; and
• informs the designated perpetrator of the notification to school officials.

See related Human Resources Code §48.102(a).

4230.2 Notification of Release of Findings for School Employees

Revision 19-1; Effective July 1, 2019

When the investigation ends, and immediately after the release of the report to school officials, PI sends the Notification of Release – School Investigation to the alleged or designated perpetrator, regardless of the findings.

In confirmed cases only, the notification must also include the following:

• a Rights of Designated Perpetrators in Validated Cases (School Employees) letter, which includes:
  • a notice that the perpetrator may request a copy of the report;
  • a warning that the request may be denied if it would jeopardize a criminal investigation; and
  • notice that the designated perpetrator must request an appeal in writing within 30 days;
• a Request for an Administrative Review letter; and
• a Request for DFPS Records form.

4230.3 Criteria for Administrative Review for School Employees

Revision 18-1; Effective September 1, 2018

An administrative review is not offered to the alleged perpetrator before release to school officials. In addition:

• a review is offered only if the disposition of the allegation is Confirmed; and
• no release hearing is offered following a review.

4230.4 Request for an Administrative Review for School Employees

Revision 18-1; Effective September 1, 2018

The request for an administrative review is addressed to the director of provider investigations and must be received within 30 days after the official notice is mailed by PI.

If PI does not receive the request within 30 days after PI mails the official notice, the designated perpetrator has waived their right to an administrative hearing.

School employees are not offered release hearings, regardless of the outcome of the administrative review.

4230.5 Notification of Final Findings for School Employees

Revision 19-1; Effective July 1, 2019

Once an administrative review has been completed, PI sends copies of the Findings of Administrative Review (School Employees) letter to the perpetrator. Copies are also sent to all entities notified of the original findings.

When the designated perpetrator does not request an administrative review, PI sends the Notice of Final Findings of Investigation (School Employees) letter to the perpetrator. Copies are also sent to all entities notified of the original findings.