|(a) Subject to the limitations specified in subsections
(b) and (c) of this section, the Department of Family and Protective
Services (DFPS) has the authority to conduct a release via a Non-Emergency
or an Emergency Release.
(b) Before a Non-Emergency or Emergency Release is
conducted, the release must be approved by:
(1) the Managing Regional Attorney for the region that
issued the abuse or neglect finding; and
(2) the Regional Director for the region that issued
the abuse or neglect finding. Before approving the release, the Regional
Director must consult with the appropriate Managing Regional Attorney.
(c) For a Nonemergency Release, before DFPS may conduct
a release, DFPS's conclusion about the designated perpetrator must
be sustained as specified in §700.601(4) of this title (relating
to What do the following words and terms mean when used in this subchapter?),
and there must be evidence that the risk of harm to one or more children
or vulnerable adults is substantial.
(d) For an Emergency Release, DFPS may conduct a release
when there is evidence that the risk of harm to one or more children
or vulnerable adults is both substantial and immediate. During an
Emergency Release, DFPS acts as quickly as possible and without regard
for the timing of an appeal by the designated perpetrator. In other
words, DFPS will release the information before the abuse or neglect
conclusion is sustained. However, notice of the release in compliance
with §700.603 of this title (relating to What are the notice
requirements for a designated perpetrator when DFPS releases information
to outside parties?) will be sent to the designated perpetrator before
the release is conducted. This notice will offer the designated perpetrator
a release hearing after the release has been conducted.