| (a) We may not release the following portions of an
abuse or neglect investigation file to anyone:
(1) The audio taped or videotaped interview of a child,
as well as any photographs taken of a child. An authorized person
may review them but may not have copies;
(2) Any information that would interfere with an ongoing
law enforcement investigation or prosecution;
(3) The name of the person who made the report or any
information identifying this person;
(4) The location of a family violence shelter;
(5) Information pertaining to an individual who was
provided family violence services; and
(6) The identity of any child or information identifying
the child, unless the requestor is:
(A) The child's parent or prospective adoptive parent;
(B) The operation that was cited for a deficiency as
a result of the investigation; or
(C) The single-source continuum contractor (SSCC) for
foster care redesign when:
(i) The SSCC subcontracts with the operation;
(ii) The operation has signed a release of information;
and
(iii) The operation was cited for a deficiency as a
result of the investigation.
(b) Notwithstanding any other provision in this section,
DFPS may provide any of the above confidential information to the
following parties in the relevant situations:
(1) DFPS staff, including volunteers, as necessary
to perform their assigned duties;
(2) Law enforcement for the purpose of investigating
allegations of child abuse or neglect or false or malicious reporting
of alleged child abuse or neglect;
(3) A member of the state legislature when necessary
to carry out that member's official duties; and
(4) Any other individuals ordered by an administrative
law judge or judge of a court of competent jurisdiction.
(c) Notwithstanding any other provision in this chapter,
CCL staff, in consultation with the Office of the General Counsel,
may withhold any information in its records if the release of that
information would endanger the life or safety of any individual.
|
| Source Note: The provisions of this §745.8493 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 1, 2010, 35 TexReg 7494; amended to be effective March 1, 2013, 38 TexReg 991 |
