| (a) Written notice. When the Department of Family and
Protective Services (DFPS) decides to release information about a
designated perpetrator as specified in §700.602 of this title
(relating to When may DFPS release information about a designated
perpetrator to outside parties?), DFPS must give the designated perpetrator
written notice of DFPS's decision to release the information. DFPS
must give the designated perpetrator written notice without regard
to the designated perpetrator's previous receipt of written notice
of the investigation findings.
(b) No additional notice. If DFPS's conclusion is about
a sustained perpetrator (meaning the designated perpetrator has already
been sustained as specified in §700.601(4) of this title (relating
to What do the following words and terms mean when used in this subchapter?)),
DFPS has the authority to release the same information again without
additional notice to the sustained perpetrator.
(c) Prior approval by attorney. Before the written
notice is provided to the designated perpetrator, it must be approved
by the Managing Regional Attorney for the region that issued the abuse
and/or neglect finding.
(d) Certified mail. DFPS must send the notice via certified
mail with a return receipt requested, unless staff determines that
a faster form of written notice is required.
(e) What the notice must include. DFPS's notice must
include:
(1) a specification of the investigation findings as
defined in §700.511 and §700.512 of this title (relating
to Disposition of the Allegations of Abuse or Neglect and Conclusions
about Roles);
(2) notice of DFPS's decision to release information
about the designated perpetrator to the specific outside parties,
which may include employers, licensing boards, and other entities
who have control over his 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) the designated perpetrator has a right to appeal
the decision to release information about him/her;
(B) to appeal the decision, the designated perpetrator
must submit two copies of a written request for an appeal;
(C) the two copies of the designated perpetrator's
written request for an appeal must be:
(i) postmarked within 15 days after the individual
receives DFPS's written notice; and
(ii) sent to:
(I) the DFPS Docket Clerk; and
(II) the Regional Director for the region that issued
the abuse/neglect finding; and
(D) the designated perpetrator is responsible for providing
the Docket Clerk 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 DFPS's release of the information now and in the future
to other outside parties without the designated perpetrator's consent
and without additional notice to the designated perpetrator at any
time in the future;
(6) notice of the designated perpetrator's 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 DFPS's obligation to delete the following
information from all written documentation that DFPS provides to the
designated perpetrator:
(A) the name of the person who reported the abuse or
neglect that DFPS investigated; and
(B) any other information that is confidential by law;
and
(8) notice that the designated perpetrator's 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.
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