The department must create and use risk factors and risk assessment tools for inspections, and periodically review those tools.
Sec. 203.0084. RISK FACTORS AND RISK ASSESSMENT TOOLS. (a) The department shall develop a comprehensive set of risk factors to use in assessing the overall risk level of the facilities and entities inspected by the department under: (1) Chapter 51, Family Code; (2) Section 221.008 of this code; and (3) Subtitle C, Title 12, of this code. (b) The risk factors described by Subsection (a) may include: (1) the entity type; (2) available programming; (3) past and repeat standards violations; (4) the volume and types of complaints received by the department; (5) recent leadership changes; (6) high staff turnover; (7) relevant findings from the office of independent ombudsman and the office of inspector general; (8) negative media attention; and (9) the number of months since the date of the department's last inspection of the entity. (c) The department shall use the risk factors developed under this section to guide the inspections process for facilities and entities described by Subsection (a) by developing risk assessment tools with clear, objective standards to use in assessing the overall risk level of each entity. (d) The department may develop distinct assessment tools under Subsection (c) for different entity types, as appropriate. (e) The department shall periodically review the assessment tools developed under this section to ensure that the tools remain up to date and meaningful, as determined by the department. Added by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 21, eff. September 1, 2023.