The complaint process is not available:
  (1) to individuals who have been designated as perpetrators of abuse or neglect. Those individuals must use procedures specified in Division 3 of this subchapter (relating to Office of Consumer Affairs Review of Perpetrator Designation), unless the complaint relates to issues other than the case disposition;
  (2) for complaints the Office of Consumer Affairs has reviewed multiple times and has made all reasonable efforts within agency policy and procedures to resolve;
  (3) for complaints related to civil rights issues;
  (4) for complaints regarding or from Department of Family and Protective Services staff relating to personnel issues; or
  (5) if the Office of Consumer Affairs discovers that the subject of a complaint is an issue in ongoing or forthcoming litigation against DFPS, except for ongoing Child Protective Services conservatorship cases, or is the subject of a law enforcement investigation or criminal prosecution, and the Office of Consumer Affairs determines that the review would interfere with the litigation, investigation, or prosecution.

Source Note: The provisions of this §702.819 adopted to be effective September 1, 2016, 41 TexReg 6078