DFPS
HHSC
HHSC's process in response to an RTB looks at whether the operation (not the perpetrator) was deficient.
DFPS' process currently looks at the validity of a finding issued by DFPS (CCI) against the perpetrator. The operation has no recourse.
Within 10 days of notice, HHSC staff evaluates, asesses and provides notice of any deficiencies
Reason to Believe (RTB) finding is Issued
At closure, DFPS notifies HHSC of disposition and transfers in CLASS
Notification letter is sent to the subject of investigation (DP) and should be sent to the operation.
An operation is cited for a deficiency regarding a child’s right to be free from a/n/e
DP may request Administrative Review of Findings (ARIF) within 15 days
Administrative review conducted by Child Care Enforcement Division may occur:
Step 1 - Requested in writing within 15 days
DFPS contacts DP within 10 days of receiving request
Step 2 - CCR contacts requestor within 10 days of receiving request
ARIF held within 30 days
(unless delay is needed to obtain records / “good cause”)
Step 3 - Review conducted within 30 days (unless there is "good cause to delay")
Written decision issued with 30 days
(60 days if review is conducted without DP)
(unless there is “good cause” to extend)
Step 4 - Decision made within 21 days of review (unless "good cause" exists)
Upheld
Reversed/altered
Overturned/amended
Upheld
Records updated
May be eligible for hearing at SOAH under certain conditions
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
Step 1 – Request sent by mail within 30 days
Step 1 – Hearing requested in writing within 30 days
Step 2 – Case docketed and hearing set
Step 2 – Case docketed and hearing set
Step 3 – Hearing conducted
Step 3 – Hearing conducted
Step 4 – Adminsitrative Law judge makes decision
Step 4 – Decision Made
Upheld
Reversed/altered
Upheld
Reversed/altered
Records updated
DP is changed to “sustained perpetrator” in the Central Registry
Consult attorney and potentially file suit in district court
HHSC is notified and has 30 days to uphold or overturn a citation
Consult attorney about any additional recourse
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.
Need more help? Read our full explanation of Due Process. Visit tacfs.org/CTA to learn about Consultation and Technical Assistance services.
