: Texas Administrative Code

Texas Administrative Code

TITLE 40	SOCIAL SERVICES AND ASSISTANCE
PART 19	DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 705	ADULT PROTECTIVE SERVICES
SUBCHAPTER M	CONFIDENTIALITY AND RELEASE OF RECORDS
RULE §705.7109	Are there others who may have access to APS records?

DFPS must make case records available after required redactions to the following persons:

(1) Local, state, or federal law enforcement officials for the purpose of investigating crimes related to:

(A) Allegations of abuse, neglect, or exploitation of an APS client;

(B) Allegations of false or malicious reporting of alleged abuse, neglect, or exploitation of an APS client; or

(2) Local, state, or federal government officials or agencies when:

(A) Specifically required by law; or

(B) DFPS determines case records should be made available in the interest of justice;

(3) A court of criminal or civil jurisdiction with a legal matter pending before it, either:

(A) Arising out of an investigation of abuse, neglect, or exploitation of an APS client; or

(B) Concerning an APS client;

(4) Persons or agencies when DFPS determines it is necessary to:

(A) Access services for an APS client;

(B) Provide services to an APS client;

(D) Protect an APS client; or

(5) As otherwise provided by law.

Source Note: The provisions of this §705.7109 adopted to be effective December 1, 2006, 31 TexReg 9039; amended to be effective December 1, 2011, 36 TexReg 6149

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