SECTION 307.215. Notification and Appeal Process

(a) The LMHA or LBHA must inform the child's LAR, in writing, within seven business days of the child's removal from the interest list for RTC Project services for the applicable reasons provided in §307.211(b) of this subchapter (relating to Interest List Management).

(b) If the child's name is removed from the interest list, the written notification to the child's LAR includes:

(1) the reasons for the removal of the child's name from the interest list and the process for appealing the decision in accordance with this section;

(2) the availability of information and assistance from the HHSC Ombudsman by contacting the Ombudsman at 1-800-252-8154 or online at hhs.texas.gov/ombudsman;

(3) the telephone number and address of the protection and advocacy system established in Texas; and

(4) information developed by DFPS regarding the process for initiating an intake with DFPS for possible investigation and filing of a Suit Affecting the Parent Child Relationship pursuant to Texas Family Code Title 5, Chapter 262.

(c) An LAR whose child is determined ineligible for RTC Project services may appeal the decision by:

(1) submitting a written request for review of the decision to the RTC Project team, as provided in the written notification, within 30 calendar days after the date of the RTC Project team's written denial;

(2) including an explanation why the child's LAR disagrees with the denial; and

(3) submitting any relevant supporting documentation for RTC Project eligibility.

(d) The RTC Project team reviews and responds to the child's LAR's appeal within ten business days after receiving the appeal and informs the child's LAR, in writing, of the appeal's outcome unless there are extenuating circumstances necessitating an extension. The extension will be communicated with the child's LAR.

Source Note: The provisions of this §307.215 adopted to be effective April 10, 2023, 48 TexReg 1829