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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 745LICENSING
SUBCHAPTER KINSPECTIONS AND INVESTIGATIONS
DIVISION 3CONFIDENTIALITY
RULE §745.8493Are there any portions of Licensing records that Licensing may not release to anyone?

(a) We may not release the following portions of Licensing records to anyone:

  (1) Any information that would interfere with an ongoing law enforcement investigation or prosecution;

  (2) Any information identifying the person who made a report that resulted in an investigation;

  (3) The location of a family violence shelter;

  (4) Information pertaining to an individual who was provided family violence services;

  (5) The location of a victims of trafficking shelter center;

  (6) Information pertaining to an individual who was provided services at a victims of trafficking shelter center;

  (7) The identity of any child or information identifying the child in an abuse or neglect investigation, 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; and

  (8) Any other information confidential under state or federal law.

(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;

  (4) Any other individuals ordered by an administrative law judge or judge of a court of competent jurisdiction; and

  (5) A social study evaluator who has requested a complete, unredacted copy of any investigative report regarding abuse or neglect that relates to any person residing in the residence subject to the social study, as provided by Texas Family Code §107.05145.

(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; amended to be effective March 1, 2014, 39 TexReg 1182

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