Texas Family Code - Section 261.309. Review Of Department Investigations
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Texas Laws > Family Code > Texas Family Code - Section 261.309. Review Of Department Investigations
Section: 261.3032 261.304 261.305 261.306 261.307 261.3071 261.308 261.309 261.310 261.3101 261.311 261.312 261.3125 261.3126 261.314
§ 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
(e) A person is not required to exhaust the remedies
provided by this section before pursuing a judicial remedy provided
(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