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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 §705.7117Are records redacted before release?

(a) Information is redacted based on the eligibility or entitlement of the requester and whether the requester is entitled to the information by law.

(b) With the exception of release to law enforcement and prosecutors as specified in paragraphs (1) and (2) of §705.7109 of this title (relating to Are there others who may have access to APS records?), DFPS must redact case records to remove the name, address, and any other information in the record which reveals the identity of any person as a "reporter." If a person who was a reporter also provided a witness statement or other evidence during the course of the investigation, that person's identity as a witness, as well as the information provided by that person in the role of a witness, will be released, provided that any information that might identify that person as the reporter is redacted.

(c) DFPS must withhold the release of any records obtained from another source, if the release of that record to this requester is specifically prohibited under state or federal law. Information which may be withheld under this section includes, but is not limited to, the following:

  (1) All medical records subject to Chapter 159 of the Occupations Code, unless their release to the requester is authorized by that chapter or other law;

  (2) Non-physician medical records unless their release to the requester is specifically authorized by law;

  (3) Criminal history or arrest records obtained from law enforcement unless their release to the requester is specifically authorized under state and federal law; and

  (4) Adult or juvenile probation records unless their release to the requester is specifically authorized under state and federal law.


Source Note: The provisions of this §705.7117 adopted to be effective December 1, 2006, 31 TexReg 9039

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