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Texas Family Code - Section 261.309. Review Of Department Investigations

Legal Research Home > Texas Laws > Family Code > Texas Family Code - Section 261.309. Review Of Department Investigations

§ 261.309. REVIEW OF DEPARTMENT INVESTIGATIONS.  (a) The 
department shall by rule establish policies and procedures to 
resolve complaints relating to and conduct reviews of child abuse 
or neglect investigations conducted by the department.
	(b)  If a person under investigation for allegedly abusing or 
neglecting a child requests clarification of the status of the 
person's case or files a complaint relating to the conduct of the 
department's staff or to department policy, the department shall 
conduct an informal review to clarify the person's status or 
resolve the complaint.  The immediate supervisor of the employee 
who conducted the child abuse or neglect investigation or against 
whom the complaint was filed shall conduct the informal review as 
soon as possible but not later than the 14th day after the date the 
request or complaint is received.
	(c)  If, after the department's investigation, the person 
who is alleged to have abused or neglected a child disputes the 
department's determination of whether child abuse or neglect 
occurred, the person may request an administrative review of the 
findings.  A department employee in administration who was not 
involved in or did not directly supervise the investigation shall 
conduct the review.  The review must sustain, alter, or reverse the 
department's original findings in the investigation.
	(d)  Unless a civil or criminal court proceeding or an 
ongoing criminal investigation relating to the alleged abuse or 
neglect investigated by the department is pending, the department 
employee shall conduct the review prescribed by Subsection (c) as 
soon as possible but not later than the 45th day after the date the 
department receives the request.  If a civil or criminal court 
proceeding or an ongoing criminal investigation is pending, the 
department may postpone the review until the court proceeding is 
completed.
	(e)  A person is not required to exhaust the remedies 
provided by this section before pursuing a judicial remedy provided 
by law.
	(f)  This section does not provide for a review of an order 
rendered by a court.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.           

Last modified: August 11, 2007