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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 361 - GUARDIANSHIP SERVICES
SUBCHAPTER E - CONTRACT MONITORING AND COMPLIANCE
SECTION/RULE §361.203 - Complaint Investigations
Chapter Review Date 02/14/2024

(a) DADS conducts a complaint investigation of a contractor's services if DADS receives complaints that relate to program rules or procedures, or the contractor's employees or volunteers.(b) DADS may conduct a complaint investigation at any time without notice to the contractor.(c) DADS does not disclose the name of the individual who made the complaint unless specifically ordered to by a court of law or requested by law enforcement to disclose to law enforcement.(d) During the complaint investigation, the contractor must provide:(1) adequate working space for reviewing the records; and(2) all records DADS requests for the review.(e) DADS may conduct a follow-up to the complaint investigation to determine if the contractor has corrected the findings identified during the complaint investigation. A follow-up complaint investigation may:(1) be a focused review using targeted samples;(2) focus only on those standards that DADS determined to be out of compliance at the immediately preceding complaint investigation; and(3) include:(A) a review of a sample of wards' records to determine if the allegations are valid and if the complaint affects more than the ward whom the complaint concerned;(B) interviews with wards and staff;(C) observation of wards and staff;(D) consultation with others, as appropriate; and(E) other activities, as appropriate.(f) DADS may expand the review period or the review sample for a complaint investigation or follow-up complaint investigation at any time.

Source Note: The provisions of this §361.203 adopted to be effective September 1, 2006, 31 TexReg 6797; amended to be effective February 9, 2015, 40 TexReg 609; transferred effective March 15, 2022, as published in the February 25, 2022 issue of the Texas Register, 47 TexReg 983.

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