<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700CHILD PROTECTIVE SERVICES
SUBCHAPTER FRELEASE HEARINGS
RULE §700.602When may DFPS release information about a designated perpetrator to outside parties?

(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.


Source Note: The provisions of this §700.602 adopted to be effective March 1, 2012, 37 TexReg 713; amended to be effective December 1, 2013, 38 TexReg 8248

Next Page Previous Page



Home TxReg TAC OM NewTac Public Footer Bar