Texas Administrative Code

Before a hearing, DFPS, in its sole discretion, may designate a person to conduct a review of the investigation records. If a review of the records results in a reversal of the finding of reportable conduct, DFPS will send the employee a new Notice of Finding, which will indicate…

(a) An EMR hearing is conducted by an administrative law judge with HHSC. The administrative law judge is responsible for scheduling the date, time, and location for the hearing. At the discretion of the administrative law judge, a pre-hearing conference may be conducted in perso…

Yes. Both the employee and DFPS may request that the administrative law judge reschedule the hearing for good cause. Except in cases of emergency, the request to reschedule the hearing must be made no later than three business days prior to the hearing date. The administrative la…

Yes. An employee may withdraw a Request for EMR Hearing any time before the hearing is conducted. An employee who withdraws a Request for EMR Hearing is deemed to have accepted the finding of reportable conduct, and DFPS submits the employee's name for inclusion in the Employee M…

(a) If either party fails, without good cause, to appear at a scheduled pre-hearing conference or a hearing on the merits, the administrative law judge may issue a default judgment against the party that failed to appear. (b) A party against whom a default judgment is rendered ma…

(a) The hearing is similar to a civil court trial, but is less formal. The parties to the hearing are the employee and DFPS. (b) The hearing is conducted by an administrative law judge who has the duty to provide a fair and impartial hearing and to ensure that the available and r…

(a) The administrative law judge will prepare a dispositive order that may become final (Final Order), which will be mailed to the employee at the employee's last known mailing address. The Final Order must contain the following: (1) separate statements of the findings of fact an…

(a) A timely motion for rehearing is a prerequisite to judicial review and must be filed in accordance with Texas Government Code, Chapter 2001, Subchapters F and G. The motion for rehearing must be served on the administrative law judge and on DFPS's attorney of record. (b) To s…

(a) An employee's administrative case is fully resolved or has reached final disposition if the employee has been found to have committed reportable conduct and the employee has received or is no longer eligible for: (1) an EMR hearing; (2) a rehearing of the employee's case foll…

(a) DFPS conducts a statewide public awareness campaign to educate the public regarding abuse, neglect, and financial exploitation of alleged victims and to reduce the incidences of maltreatment involving adults with disabilities and adults aged 65 or older. (b) Based on availabl…

(a) APS assigns the following priorities to reported allegations: (1) Priority I--Allegation that the alleged victim is in a state of serious harm or is in danger of death from abuse or neglect. (2) Priority II--Allegation that the alleged victim is abused, neglected, or financia…

Emergency protective services may be provided to an alleged victim who is also the subject of an investigation conducted by HHSC PI and: (1) receives services from a provider as defined by Texas Human Resources Code, § 48.251(a)(9); or (2) lives in a residence that is owned, oper…

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Purchased client services may be provided to an alleged victim who is receiving protective services and has a service plan developed by APS indicating that purchased client services are needed to remedy abuse, neglect, or financial exploitation. Notes 40 Tex. Admin. Code § 705.70…

(a) Other state and local resources must be used before purchased client services are expended in accordance with Texas Human Resources Code, § 48.205. (b) Not all purchased client services are available in all geographic areas of the state. DFPS may limit the units of service or…

(a) When APS staff validates an allegation that an alleged victim is a victim of family violence as specified in Texas Family Code, § 71.004, APS staff: (1) documents that the alleged victim is a victim of family violence; and (2) provides the alleged victim with written informat…

The following words have the following meanings when used in this division: We, us, and our--The Investigations program of the Child Protective Investigations division of the Texas Department of Family and Protective Services unless otherwise stated or the context clearly indicat…

Alternative response is a type of protective intervention conducted by the Investigations program of the Child Protective Investigations division of the Texas Department of Family and Protective Services (DFPS) in response to allegations of abuse or neglect of a child by a person…

(a) We may conduct an alternative response to any allegation of abuse or neglect that meets the criteria for investigation by us pursuant to Chapter 261, Texas Family Code, and division 1 of this subchapter (relating to Intake, Investigation, and Assessment), provided that: (1) t…

Yes. We may, in our sole discretion, at any time route a case that is assigned for and otherwise appears to meet the criteria for alternative response to be conducted as a thorough investigation. A non-exhaustive list of the factors we may consider in deciding to change a case fr…

(a) Unless otherwise specified or the context clearly indicates otherwise, an alternative response is governed solely by the provisions in this division and Texas Family Code (TFC) §261.3015. (b) An alternative response is an investigatory response for which DFPS is exempt from t…

An alternative response entails: (1) assessment of the family, including in every instance an assessment of the safety of the child who is the subject of the report; and (2) where indicated and in collaboration with the child's family, identification of any necessary and appropri…

(a) When conducting an alternative response, we may take any protective action authorized for an investigation that is necessary for the protection of a child, including but not limited to: (1) removing the child; (2) facilitating a parental child safety placement; (3) obtaining …

Yes. We must maintain a written record of an alternative response. Notes 40 Tex. Admin. Code § 707.563 Adopted by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4792, eff. 7/15/2020

(a) Records of an alternative response are confidential case records as provided by the federal Child Abuse Prevention and Treatment Act and Texas Family Code (TFC) §261.201, and as further provided in subchapter B, chapter 700, of this title (relating to Confidentiality and Rele…

When an alternative response is complete: (1) we provide notification of case completion to the family for whom the alternative response was conducted; and (2) we may refer the case, in consultation with the family, for additional services that may be necessary to ensure the chil…

The purpose of this subchapter is to implement Subchapter I, Chapter 48, Human Resources Code, relating to the Employee Misconduct Registry (EMR), established under Chapter 253, Health and Safety Code, and maintained by the Health and Human Services Commission (HHSC). Notes 26 Te…

The following words and terms when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Administrative law judge--An attorney who serves as a hearings examiner and conducts an EMR hearing. (2) Agency--An entity, person, f…

(a) This subchapter applies to PI investigations involving an employee as defined in § 711.1402 of this subchapter (relating to How are the terms in this subchapter defined?). (b) Notwithstanding subsection (a) of this section, a certified nurse aide who commits reportable conduc…

(a) For In-home investigations, the definitions of physical abuse, sexual abuse, verbal or emotional abuse, neglect, and financial exploitation are adopted pursuant to § 48.002(c), Human Resources Code, and are found in Title 40, Texas Administrative Code, Chapter 705, Subchapter…

(a) For the purpose of this chapter, the term "agency" has the meaning given by § 48.401, Human Resources Code, as further clarified in this rule. Any terms used within the definition of "agency" have the meaning given by statute or elaborated upon by this chapter or Title 40, Te…

The EMR is a database maintained by HHSC that contains the names of persons who have committed reportable conduct. A person whose name is recorded in the registry is prohibited by law from working for certain facilities or agencies, as provided under Chapter 253, Health and Safet…

(a) Reportable conduct is defined in § 48.401, Human Resources Code, as: (1) abuse or neglect that causes or may cause death or harm to an individual receiving agency services; (2) sexual abuse of an individual receiving agency services; (3) financial exploitation of an individua…

When HHSC determines that an employee committed reportable conduct, HHSC must provide a written "Notice of Finding" to the employee. The notice must include: (1) a brief summary of the incident that resulted in a confirmed or validated finding of abuse, neglect, or exploitation a…

(a) The "Notice of Finding" will be mailed to the employee's last known address by first class mail and by certified mail, return receipt requested. (b) If HHSC knows the employee's last known address is incorrect, or if the employee fails to provide an address, HHSC may hand-del…

(a) An employee may dispute a finding of reportable conduct by submitting a Request for EMR Hearing. The Notice of Finding will contain instructions for filing the Request for EMR Hearing. (b) The employee will be deemed to have accepted the finding of reportable conduct and HHSC…

(a) The employee must file the Request for EMR Hearing no later than 30 calendar days from the date the employee receives the Notice of Finding. (b) A Notice of Finding is presumed received by the employee on the date of delivery as indicated on the certified mail return receipt.…

Prior to a hearing, HHSC, in its sole discretion, may designate a person to conduct a review of the investigation records. If a review of the records results in a reversal of the finding of reportable conduct, HHSC will send the employee a new Notice of Finding, which will indica…

(a) An EMR hearing will be conducted by an administrative law judge with HHSC. The administrative law judge is responsible for scheduling the date, time, and location for the hearing. At the discretion of the administrative law judge, a pre-hearing conference may be conducted in …

Yes. Both the employee and HHSC may request that the administrative law judge reschedule the hearing for good cause. Except in cases of emergency, the request to reschedule the hearing must be made no later than three working days prior to the hearing date. The administrative law…

Yes. An employee may withdraw a Request for EMR Hearing any time before the hearing is conducted. An employee who withdraws a Request for EMR Hearing will be deemed to have accepted the finding of reportable conduct and HHSC will submit the employee's name for inclusion in the EM…

(a) If either party fails, without good cause, to appear at a scheduled pre-hearing conference or a hearing on the merits, the administrative law judge may issue a default judgment against the party that failed to appear. (b) A party against whom a default judgment is rendered ma…

(a) The hearing is similar to a civil court trial, but less formal. The parties to the hearing are the employee and HHSC. (b) The hearing is conducted by an administrative law judge who has the duty to provide a fair and impartial hearing and to ensure that the available and rele…

(a) The administrative law judge will prepare a "Hearing Order" which will be mailed to the employee at the employee's last known mailing address. The Hearing Order must contain the following: (1) separate statements of the findings of fact and conclusions of law that uphold, rev…

(a) A timely motion for rehearing is a prerequisite to judicial review and must be filed in accordance with Subchapters F and G, Chapter 2001, Government Code. The motion for rehearing must be served on the administrative law judge and on HHSC's attorney of record. (b) To seek ju…

(a) An employee has exhausted the employee's administrative remedies if the employee has been found to have committed reportable conduct and the employee has received or is no longer eligible for: (1) an EMR hearing; (2) a rehearing of the employee's case following an EMR hearing…

(a) The sole way to dispute a finding of reportable conduct and submission of the employee's name to the EMR is provided by the procedures in this subchapter. A Request for EMR hearing filed under this subchapter is not a request for a grievance on disciplinary action from an emp…

(a) Before a child who is unable to swim competently or who is at risk of injury or death when swimming enters a swimming pool, you must: (1) Provide the child with a Type I, II, or III United States Coast Guard approved personal flotation device (PFD); (2) Ensure the child is we…

The following programs and facilities are exempt from our regulation: Attached Graphic Notes 26 Tex. Admin. Code § 745.115 The provisions of this §745.115 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2004, 28 TexReg 11353; amended to be…

The following programs of limited-duration are exempt from CCR regulation: Attached Graphic Notes 26 Tex. Admin. Code § 745.117 The provisions of this §745.117 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9342; amended t…