At closure, DFPS notifies HHSC of disposition and transfers in CLASS
An operation is cited for a deficiency regarding a child’s right to be free from a/n/e
HHSC's process in response to an RTB looks at whether the operation (not the perpetrator) was deficient.
Note: This document looks at due process for RTBS and related deficiencies at HHSC Licensing. It does not cover all deficiencies or the implications from RTBs in terms of safety plans and/or actions by CBCU. It is focused on due process only.
DFPS' process currently looks at the validity of a finding issued by DFPS (CCI) against the perpetrator. The operation has no recourse.
Overturned/amended
May be eligible for hearing at SOAH under certain conditions
Step 4 – Adminsitrative Law judge makes decision
Step 4 - Decision made within 21 days of review (unless "good cause" exists)
Step 3 - Review conducted within 30 days (unless there is "good cause to delay")
Administrative review conducted by Child Care Enforcement Division may occur:
Consult attorney and potentially file suit in district court
Upheld
Reversed/altered
Step 3 – Hearing conducted
Step 2 – Case docketed and hearing set
Step 1 – Request sent by mail within 30 days
Upheld
Step 2 - CCR contacts requestor within 10 days of receiving request
Step 1 - Requested in writing within 15 days
Within 10 days of notice, HHSC staff evaluates, asesses and provides notice of any deficiencies
HHSC
DP is changed to “sustained perpetrator” in the Central Registry
Consult attorney about any additional recourse
HHSC is notified and has 30 days to uphold or overturn a citation
Notification letter is
sent to the subject of
investigation (DP) and should be sent to the operation.
Upheld
Records updated
Reversed/altered
Step 4 – Decision Made
Step 3 – Hearing conducted
Step 2 – Case docketed and hearing set
Step 1 – Hearing requested in writing within 30 days
DP can receive a State Office of Administrative Hearings (SOAH) Due Process Hearing
Formal review by Administrative Law Judge to determine whether the findings meet the standard
Upheld
Records updated
Reversed/altered
Written decision issued with 30 days
(60 days if review is conducted without DP)
(unless there is “good cause” to extend)
ARIF held within 30 days
(unless delay is needed to obtain records / “good cause”)
DFPS contacts DP within 10 days of receiving
request
DP may request Administrative Review of Findings (ARIF) within 15 days
Reason to Believe (RTB)
finding is Issued
DFPS
