SECTION 379.2016. Policies and Procedures Regarding Entries in Program Participant's Files

(a) A center must develop, maintain, and comply with written policies and procedures regarding entries into a program participant's file that require that:

(1) each entry must be attributed to and dated by the employee or volunteer entering the information;

(2) a program participant file must not include the names of other program participants; and

(3) if the center provides direct services for both the victim and the violent family member, the center must, at a minimum, maintain separate case records to promote victim safety and confidentiality.

(b) A center must develop, maintain, and comply with written policies and procedures to ensure a program participant has access to review all information in her or his case file.

(c) If a program participant contests a case file entry in her or his file, the center must either:

(1) remove the entry from the file; or

(2) note in the case file, if the entry is not removed, that the program participant believes the entry to be inaccurate.

(d) A center may create and store entries to files electronically, provided that:

(1) electronic entries are secure and attributed to an individual, which may include password-protected system access; and

(2) records are kept in compliance with applicable state and federal laws, including the Family Violence Prevention and Services Act (42 U.S.C. Chapter 110), and §§379.1903, 379.2017, and 379.2023 of this subchapter (relating to Security Policies and Procedures; Maintaining Control over Program Participant Files; and Policies and Procedures for the Retention and Destruction of Documentation).

Source Note: The provisions of this §379.2016 adopted to be effective December 23, 2007, 32 TexReg 9335; amended to be effective September 1, 2013, 38 TexReg 4309