(a) If a special nonresidential project involves direct services, a contractor 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 contractor provides direct services for both the victim and the violent family member, the contractor must, at a minimum, maintain separate case records to promote victim safety and confidentiality.
(b) A contractor 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 contractor must either:
  (1) remove the entry from the file; or
  (2) if the entry is not removed, note in the case file that the program participant believes the entry to be inaccurate.
(d) A contractor 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 §§379.1202, 379.1317, and 379.1323 of this subchapter (relating to Security System 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 §356.1316 adopted to be effective September 1, 2013, 38 TexReg 4309; transferred effective April 1, 2024, as published in the March 8, 2024, issue of the Texas Register, 49 TexReg 1507