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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 §705.7105What definitions apply to this subchapter?

The following words and terms have the following meanings unless the context clearly indicates otherwise:

  (1) Adult Protective Services (APS) client--An elderly or disabled person as defined in Human Resources Code, §48.002(1) and (8), or a person under age 18 years receiving services for mental health or mental retardation as described in §261.404 of the Texas Family Code.

  (2) Case records--All records described in §48.101 or §48.102 of the Human Resources Code, which were collected, developed, or used in an abuse, neglect, or exploitation investigation, or in providing services as a result of an investigation, and which are under the custody and control of DFPS. Case records include investigation records, as well as service records.

  (3) DFPS--Department of Family and Protective Services.

  (4) Investigation records--That portion of the records described in §48.101 or §48.102, Human Resources Code, which were collected, developed, or used in an abuse, neglect, or exploitation investigation and which are under the custody and control of DFPS.

  (5) Report--An allegation of abuse, neglect, or exploitation, as described in §48.002 of the Human Resources Code or Chapter 711 of this title (relating to Investigations in TDMHMR Facilities and Related Programs) made to DFPS.

  (6) Reporter--A person who initiates an unsolicited report to DFPS or to a duly constituted law enforcement agency, alleging the abuse, neglect, or exploitation of an APS client. If more than one person makes an unsolicited report of the same allegation of abuse, neglect, or exploitation of the same APS client, each person is designated as a reporter.


Source Note: The provisions of this §705.7105 adopted to be effective December 1, 2006, 31 TexReg 9039

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