All reports, records, communications, and working papers used
or developed by DADS in an investigation are confidential and may
be released only as provided in this section.
(1) The final written investigation report on cases
may be furnished to the district attorney and appropriate law enforcement
agencies if the investigation reveals abuse that is a criminal offense.
DADS may provide to another state agency or governmental entity information
that is necessary for DADS, state agency, or entity to properly execute
its duties and responsibilities to provide services to the elderly
or disabled.
(2) The final written investigation report may be released
to the public upon request provided the report is de-identified to
remove all names and other personally identifiable data, including
any information from witnesses and other person furnished to DADS
as part of the investigation.
(3) The reporter and the facility will be notified
of the results of DADS' investigation of a reported case of abuse,
neglect, or exploitation, whether DADS concluded that abuse, neglect,
or exploitation occurred or did not occur.
(4) Upon written request of the person who is the subject
of the report of abuse, neglect, or exploitation or his legal representative,
DADS shall release to the person or his legal representative otherwise
confidential information relating to the final report. The request
must specify the information desired and be signed and dated by the
individual or his legal representative. The legal representative
of a deceased person may make a written request for this information.
The legal representative of a deceased person must also specify the
reason the information is requested. Any legal representative must
include with the request sufficient documentation to establish his
authority. DADS shall edit the information before release to protect
the confidentiality of information related to the reporter's identify
and to protect any other individual whose safety or welfare may be
endangered by disclosure.
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Source Note: The provisions of this §559.95 adopted to be effective May 1, 1999, 24 TexReg 3100; amended to be effective November 1, 2000, 25 TexReg 10753; amended to be effective April 1, 2007, 32 TexReg 1749; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249 |