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Section 5000: Confidentiality and Integrity of Records and Review and Hearing Processes
5000 Confidentiality and Integrity of Records and Review and Hearing Processes
5100 Confidentiality, Disclosure, and Release of Case Information
5110 Providing the Case Record
5111 Individuals and Entities Entitled to the Case Record
5111.1 Procedure for Obtaining APS Case Records
5112 Release of APS Case Records to Law Enforcement Agencies and Prosecuting Attorneys
5120 Providing Case Information
5121 Confidentiality of the Reporter
5122 Disclosure of Case Information to the Reporter and Others
5123 Disclosure of Case Information to Other Entities to Help Clients Obtain Services
5124 Disclosure of Case Information to Prospective Guardians
5125 Confidentiality of Persons Who Are HIV-Positive or Have AIDS
5126 Disclosure of Criminal History Information
5126.1 Procedure for Disclosure of Criminal History Information
5126.11 Penalty for Unauthorized Disclosure of Criminal History Information
5130 Disclosure of Case Information in Connection With a Court Action
5132 Notifying a Probate Court About an Investigation Involving Guardianship
5132.1 Notifying the Probate Court When DADS Is Guardian or Has Pending Guardianship
5132.2 Notifying the Probate Court When the Alleged Perpetrator Has a Guardian
5132.4 Notifying the Probate Court About Cases Involving an Administrative Desk Review
5140 Providing Information to DADS on Adult Foster Care Provider Applicants or Staff of an HCSSA
5150 Release of Case Information to Entities Responsible for Protecting Clients
5160 Release of Information to State Supported Living Centers (SSLC)
5161 Procedure for Release of Information to State Supported Living Centers (SSLC)
5200 Content and Maintenance of APS Case Records
5221 Testimonial Evidence and External Case Notes
5222 External Documentation Page
5230 Merging and Relating Persons
5231 Person Identification (ID) Number
5241.1 Merge Only Open Cases in the Same Stage
5241.2 Close Duplicate Reports Without Merging Cases
5250 Storage of External Case Files
5260 Destruction of APS Case Records
5300 Desk Review for Designated Perpetrators
5310 Designated Perpetrators Ineligible for a Desk Review
5320 Notifying the Designated Perpetrator About Findings and Eligibility for a Desk Review
5321 Timely Request for a Desk Review
5330 Procedure for the Desk Review for Designated Perpetrators
5331 Time Frame for Conducting the Desk Review
5332 Notification of Delay of the Desk Review
5333 Completing and Documenting the Desk Review
5334 Closing a Case in Service Delivery Following a Desk Review
5335 Notification of Results of the Desk Review for Designated Perpetrators
5336 Circumstances in Which Findings May Be Released (Release Hearing)
5410 Employee Misconduct Registry (EMR)
5411.2 Definition of Reportable Conduct
5412 Procedures for EMR Eligible Investigations
5412.1 Required Information for EMR Eligible Investigations
5412.2 Entering the Valid-Reportable Conduct Finding in IMPACT
5412.21 Documenting the EMR Investigation Conclusion
5412.3 Managerial Review of EMR Eligible Investigations
5413 Internal APS EMR Database
5414 Responsibilities of the EMR Coordinator
5415 Notifications and Request for EMR Hearing
5415.1 Notice of Findings to Subsequent Employers Before the EMR Hearing
5415.2 Notice of Hearing to the Employee (Designated Perpetrator)
5415.3 Request for Hearing by the Employee
5416.2 Withdrawing a Request for a Hearing
5416.3 Failure to Appear for a Hearing
5416.4 Decision of Administrative Law Judge (ALJ)
5416.5 Request for Judicial Review by the Employee
5416.6 Providing Notice if a Finding Is Modified or Reversed
5416.7 Information Forwarded to DADS for Recording in the Employee Misconduct Registry
5420 Due Process for Non-EMR Cases
5421 Sending Notice of Intent to Release in Non-EMR Cases
5421.1 Timely Request for an Administrative Review in Non-EMR Cases
5421.11 Request for Records for an Administrative Review in Non-EMR Cases
5422 Administrative Review in Non-EMR Cases
5422.1 Procedure for Administrative Review in Non-EMR Cases
5423 Conducting Release Hearings for Non-EMR Cases
5423.1 Receipt or Non-Receipt of Request for a Release Hearing in Non-EMR Cases
5423.2 Release Hearing and Subsequent Activities in Non-EMR Cases
5424 Notification and Release of Findings in Non-EMR Cases
5424.1 Notification of Decision in Non-EMR Cases
5424.2 Release of Findings in Non-EMR Cases
5424.22 Release of Findings on Investigations of Foster Home Providers and Employees
5424.3 Emergency Release of Findings in Non-EMR Cases
5424.31 Notice of Emergency Release of Findings to the Designated Perpetrator
5424.4 Release of APS Findings to Professional Licensing Boards, Commissions, and Other Agencies
5424.41 Release of APS Findings to the Texas State Board of Social Work Examiners
5424.42 Release of APS Findings to the Board of Nurse Examiners
5424.43 Release of APS Findings to the Texas Board of Medical Examiners
5424.44 Release of APS Findings to State Bar of Texas
5424.45 Release of APS Findings to Guardianship Certification Board
5430 Due Process for Client Protection
5431 Sending Notice of Intent to Release in Client Protection Cases
5432 Administrative Review in Client Protection Cases
5432.1 Procedure for Administrative Review in Client Protection Cases
5433 Conducting Release Hearings for Client Protection Cases
5433.1 Receipt or Non-Receipt of Request for a Release Hearing in Client Protection Cases
5433.2 Release Hearing and Subsequent Activities in Client Protection Cases
5434 Notification and Release of Findings in Client Protection Cases
5434.1 Notification of Decision in Client Protection Cases
5434.2 Release of Findings in Client Protection Cases
5434.3 Emergency Release of Findings in Client Protection Cases
5440 Cases Involving School Personnel
5441 Processing the Completed School Investigation
5442 Procedure for Processing the Completed School Investigation
5443 Timely Request for an Administrative Review in School Personnel Cases
5443.1 Request for Records for an Administrative Review in School Personnel Cases
5444 Administrative Review in School Personnel Cases
5444.1 Procedure for Administrative Review in School Personnel Cases