(a) A center must develop, maintain, and comply with written policies and procedures regarding entries into a resident or nonresident file that require that:
  (1) each entry must be attributed to and dated by the employee or volunteer entering the information;
  (2) a resident or nonresident file must not include the names of other residents or nonresidents; 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 resident or nonresident has access to review all information in her or his case file.
(c) If a resident or nonresident contests a case file entry in her or his file, the center must either:
  (1) remove the entry from the file; or
  (2) if the entry is not removed, note in the case file that the resident or nonresident 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 §§379.504, 379.619, and 379.625 of this subchapter (relating to Security Policies and Procedures; Maintaining Control over Resident and Nonresident Files; and Policies and Procedures for the Retention and Destruction of Documentation).

Source Note: The provisions of this §356.618 adopted to be effective December 23, 2007, 32 TexReg 9328; amended 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