SECTION 87.319. Substantiating and Closing Complaints

(a) Once FCO staff have determined all pertinent information has been gathered and their investigation of a complaint is complete, they enter a resolution in the contact record, choosing substantiated, unable to substantiate, or unsubstantiated.

(b) For substantiated complaints, FCO staff also enter a program corrective action based on the response provided by program staff.

(c) An FCO complaint cannot be closed without a resolution and, for substantiated complaints, a program corrective action.

(d) The complaint record documents informing program staff and the youth of the resolution.

(e) A written response to program staff includes additional recommended corrective actions, when applicable. Regardless of whether DFPS, a vendor contracted to provide services on behalf of DFPS, or an HHS agency was the subject of the youth's complaint, DFPS is provided a copy of the written response to program staff.

(f) A written response may be provided to the youth, if requested, and includes:

(1) a description of the steps taken to investigate the complaint;

(2) a general description of what FCO found as a result of the investigation; and

(3) if a complaint is:

(A) substantiated, a description of the actions taken by DFPS, a vendor contracted to provide services on behalf of DFPS, or the HHS agency in response to that finding; or

(B) unsubstantiated, a description of additional steps the youth can take to have someone review the youth's concern (e.g., speak to a court-appointed advocate or to the judge assigned to the youth's case).

Source Note: The provisions of this §87.319 adopted to be effective January 10, 2019, 44 TexReg 252; amended to be effective December 21, 2022, 47 TexReg 8273