Tex. Human Resources Code Section 40.0041
Complaint Process

(a)

The executive commissioner by rule shall develop and implement a uniform process for receiving and resolving complaints against the department throughout the state. The process shall include:

(1)

statewide procedures through which the public, consumers, and service recipients are informed:

(A)

of the right to make a complaint against the department, including the mailing addresses and telephone numbers of appropriate department personnel responsible for receiving complaints and providing related assistance; and

(B)

of the department’s procedures for resolving a complaint, including the right to appeal a decision made at the local level;

(2)

development and statewide distribution of a form or telephone system that may be used to make a complaint;

(3)

a requirement that the department provide information by mail or telephone regarding the department’s procedures for investigating and resolving a complaint to each person who makes a complaint; and

(4)

a requirement that the department provide status information at least quarterly to a person with a pending complaint against the department, unless the information would jeopardize an undercover investigation.

(b)

In addition to other appropriate methods, the department may provide the information specified by Subsection (a)(1):

(1)

on each registration form, application, or written contract for services of a person regulated by the department;

(2)

on a sign prominently displayed in the place of business of each person regulated by the department; or

(3)

in a bill for service provided by a person regulated by the department.

(c)

The department shall keep an information file about each complaint made against the department that the department has authority to resolve.

(d)

The executive commissioner shall develop a consistent, statewide process for addressing an appeal by a person dissatisfied with the resolution of a complaint at the regional level. The process shall include an opportunity for appeal of a complaint without the participation of the department’s ombudsman office.

(e)

The department shall develop and maintain a centralized tracking system to gather information concerning all complaints made against the department throughout the state. The department shall require its personnel to provide information regarding each complaint for inclusion in records maintained under the tracking system at the department’s state headquarters, regardless of the location or level at which the complaint is initiated or resolved. The department shall require at least the following information to be maintained for each complaint:

(1)

the date the complaint is received;

(2)

the name of the person making the complaint;

(3)

the subject matter of the complaint;

(4)

a record of all persons contacted by the department in relation to the complaint;

(5)

a summary of the results of the review or investigation of the complaint; and

(6)

for each complaint determined by the department to require no corrective action, an explanation of the reason that the complaint was closed without action.

(f)

The department shall periodically prepare and deliver reports to the executive commissioner and the commissioner regarding the number, type, and resolution of complaints made in the state against the department.

(g)

The department shall cooperate with the ombudsman for children and youth in foster care to create consequences, based on the circumstances of the complaint and the severity of the retaliation, for any person who is found to have retaliated against a child or youth in the conservatorship of the department because of a complaint made to the ombudsman.

(h)

The executive commissioner shall adopt rules requiring all residential child-care facilities in which children and youth in the conservatorship of the department are placed to display information about the ombudsman for children and youth in foster care and the process for filing a complaint with the ombudsman in a location that is easily accessible and offers maximum privacy to the children and youth residing at the facility.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.186, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1168 (S.B. 830), Sec. 2, eff. September 1, 2015.

Source: Section 40.0041 — Complaint Process, https://statutes.­capitol.­texas.­gov/Docs/HR/htm/HR.­40.­htm#40.­0041 (accessed Apr. 29, 2024).

40.001
Definitions 40.002
Department of Family and Protective Services 40.003
Sunset Provision 40.004
Public Interest Information and Public Access 40.005
Confidentiality of Information 40.006
Application of Other Laws 40.007
Reporting Requirement 40.008
Program Accessibility 40.021
Family and Protective Services Council 40.022
Appointments 40.023
Training Program for Council Members 40.024
Terms 40.025
Reimbursement for Expenses 40.0025
Agency Functions 40.0026
References in Law Meaning Department 40.026
Presiding Officer 40.027
Commissioner 40.0027
References in Law Meaning Commissioner or Designee 40.030
Advisory Committees 40.032
Personnel 40.033
Merit System 40.034
Prohibited Activities by Former Officers or Employees 40.035
Training Program for Adult Protective Services 40.036
Alzheimer’s Disease and Dementia Training 40.037
Training Program for Child Protective Services Managers 40.038
Secondary Trauma Support for Caseworkers 40.039
Review of Records Retention Policy 40.040
Case Management Vendor Quality Oversight and Assurance Division 40.0041
Complaint Process 40.041
Office of Data Analytics 40.042
Investigations of Child Abuse, Neglect, and Exploitation 40.043
Child Safety and Runaway Prevention Procedures 40.045
Efficiency Audit 40.051
Strategic Plan for Department 40.053
Duty to Perform Other Functions 40.054
Access to Criminal History 40.055
Legislative Appropriation Request 40.056
Use of Funds 40.057
Gifts and Grants 40.058
Contracts and Agreements 40.059
Fees 40.060
Indemnification for Legal Expenses 40.061
Immunity 40.062
Exemption from Certain Costs and Fees 40.063
Exceptions from Certain Provisions of Administrative Procedure Act 40.064
Interagency Cooperation and Exchange of Information 40.065
Communications Officer 40.066
Cooperation with State Office of Administrative Hearings 40.067
Delivery of Services in Areas Bordering United Mexican States 40.068
Local Accounts 40.070
Support Services for Certain Families 40.071
Drug-endangered Child Initiative 40.072
Duty to Report 40.075
Protective Orders 40.080
Strategic Plan to Implement Federal Law Regarding Specified Settings for Placement of Foster Children 40.081
Implementation of Federal Law 40.082
Report of Criminal Conduct 40.083
Employer Retaliation Prohibited 40.0315
Investigation Unit for Adult Protective Services 40.0321
Salary Supplementation by County or Municipality 40.0322
Qualifications for Adult Protective Services Personnel 40.0323
Coordination Regarding Recruitment for and Curriculum of Certain Certificate or Degree Programs 40.0325
Study of Caseworker Education Reimbursement 40.0326
Recruitment of Caseworkers 40.0505
Divisions of Department 40.0512
Continuity of Services 40.0515
Quality Assurance Program for Adult Protective Services 40.0516
Collection of Data 40.0521
Rules Regarding Domestic Violence 40.0522
Community Education and Training Relating to Child Abuse or Neglect 40.0524
Multidisciplinary Teams 40.0526
Building Community Partnerships to Support Children and Families 40.0527
Public Awareness 40.0528
Goals for Business Plan for Child Protective Services 40.0529
Caseload Management 40.0564
Department Funds 40.0581
Performance Measures for Certain Service Provider Contracts 40.0582
Quality Contracting Framework 40.0583
State Auditor Review of Contracts 40.05275
Business Plan for Child Protective Services 40.05291
Electronic Case Management System
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 40.0041’s source at texas​.gov