Current through Reg. 50, No. 13; March 28, 2025
(a) The following may obtain confidential
abuse, neglect, and exploitation information from us subject to the limitations
described in §707.767 (relating to Are there any portions of the abuse,
neglect, or exploitation investigation records that may not be released to
anyone?) and §707.769 (relating to Who can review or have a copy of a
photograph or an audio or visual recording, depiction, or documentation of a
child that is in the abuse, neglect or exploitation investigation records
maintained by us?) in this division:
(1) Texas
Department of Family and Protective Services (DFPS) staff, including
volunteers, as necessary to perform their assigned duties;
(2) Child Care Licensing (CCL) pursuant to
HRC §40.042(f), in order to carry out its regulatory functions under HRC
Chapter 42;
(3) The parent of the
child who is the subject of the investigation;
(4) An attorney ad litem, guardian ad litem,
or court appointed special advocate of an alleged victim of child abuse,
neglect, or exploitation;
(5) The
alleged perpetrator, or the parent of an alleged perpetrator that is a
minor;
(7) A member of the
state legislature when necessary to carry out that member's official
duties;
(8) A residential child
care operation;
(9) A child day
care operation cited for a deficiency by CCL as a result of the
investigation;
(10) A single-source
continuum contractor (SSCC) for community-based care that subcontracts with the
child care operation where the investigation occurred;
(11) An administrative law judge who conducts
a due process hearing related to a finding of abuse, neglect, or exploitation
or related to an enforcement action taken by CCL or another state agency as a
result of the finding. See Division 7 of this subchapter (relating to Due
Process Hearings);
(12) A judge of
a court of competent jurisdiction in a criminal or civil case arising out of an
investigation of child abuse, neglect, or exploitation, if the judge:
(A) provides notice to DFPS and any other
interested parties;
(B) after
reviewing the information, including audio and/or videotapes, determines that
the disclosure is essential to the administration of justice and will not
endanger the life or safety of any individual; and
(C) includes in the disclosure order any
safeguards that the court finds appropriate to protect the interest of the
child involved in the investigation;
(13) According to Texas Family Code (TFC)
§162.0062, a prospective adoptive parent of a child who is the subject of
the investigation or who is the alleged or designated perpetrator in the
investigation;
(14) A child care
licensing agency or child welfare agency from another state that requests
information on the alleged perpetrator as part of a background check or to
assist in its own child abuse, neglect, or exploitation
investigation;
(15) A state
protection and advocacy system, such as Disability Rights Texas, that is
representing or is authorized by state or federal law to represent a child that
is the subject of the investigation; and
(b) Notwithstanding any other provision of
this section, the parent of a child who is not the subject of the investigation
or the alleged or designated perpetrator in the investigation but was a
collateral witness during the investigation is entitled to the portion of the
investigation record related to their child.
(c) A social study evaluator may obtain a
complete, non-redacted copy of any investigative report regarding abuse,
neglect, or exploitation that relates to any person residing in the residence
subject to the child custody evaluation, as provided by TFC
§107.111.
