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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 705ADULT PROTECTIVE SERVICES
SUBCHAPTER MCONFIDENTIALITY AND RELEASE OF RECORDS
RULE §705.7109Are 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

    (C) Failure to report alleged abuse, neglect, or exploitation of an APS client;

  (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;

    (C) Properly meet the needs of an APS client; or

    (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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