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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 98ADULT DAY CARE AND DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER FABUSE, NEGLECT, AND EXPLOITATION: COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS
RULE §98.95Confidentiality

All reports, records, communications, and working papers used or developed by DADS in an investigation are confidential and may be released only as provided in this section.

  (1) The final written investigation report on cases may be furnished to the district attorney and appropriate law enforcement agencies if the investigation reveals abuse that is a criminal offense. DADS may provide to another state agency or governmental entity information that is necessary for DADS, state agency, or entity to properly execute its duties and responsibilities to provide services to the elderly or disabled.

  (2) The final written investigation report may be released to the public upon request provided the report is de-identified to remove all names and other personally identifiable data, including any information from witnesses and other person furnished to DADS as part of the investigation.

  (3) The reporter and the facility will be notified of the results of DADS' investigation of a reported case of abuse, neglect, or exploitation, whether DADS concluded that abuse, neglect, or exploitation occurred or did not occur.

  (4) Upon written request of the person who is the subject of the report of abuse, neglect, or exploitation or his legal representative, DADS shall release to the person or his legal representative otherwise confidential information relating to the final report. The request must specify the information desired and be signed and dated by the individual or his legal representative. The legal representative of a deceased person may make a written request for this information. The legal representative of a deceased person must also specify the reason the information is requested. Any legal representative must include with the request sufficient documentation to establish his authority. DADS shall edit the information before release to protect the confidentiality of information related to the reporter's identify and to protect any other individual whose safety or welfare may be endangered by disclosure.


Source Note: The provisions of this §98.95 adopted to be effective May 1, 1999, 24 TexReg 3100; amended to be effective November 1, 2000, 25 TexReg 10753; amended to be effective April 1, 2007, 32 TexReg 1749

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