(a) The Department of Family and Protective Services
(DFPS) fulfills requests for client records in the following priority
order, from highest to lowest priority ranking:
(1) Records provided in response to a subpoena or court
order that has been properly served on DFPS;
(2) Records provided in response to discovery in a
lawsuit to which DFPS is a party;
(3) Records provided to a prospective adoptive family
before an adoption may be consummated;
(4) Records provided to a party or the administrative
law judge in an Employee Misconduct Registry administrative hearing;
(5) Records provided to a party or the administrative
law judge in a hearing conducted by the State Office of Administrative
Hearings;
(6) Records provided to a duly authorized person documenting
the results of a school investigation as required by §261.406,
Texas Family Code;
(7) Records provided to a party in an administrative
review of investigative findings that is conducted by DFPS;
(8) Records provided to an adult who was previously
in the conservatorship of DFPS if the request is for a copy of such
adult's own "case record" as defined by §264.0145, Texas Family
Code; and
(9) Records provided to all other requestors entitled
to receive the requested records, which are fulfilled in the order
they are received.
(b) Notwithstanding subsection (a) of this section,
DFPS reserves the right to expedite any request for records when we
determine that a delay in fulfilling the request may:
(1) jeopardize the health or safety of any person;
(2) cause any person to suffer undue hardship; or
(3) result in DFPS's failure to meet a mandatory deadline
for production of the requested records as imposed by a court or administrative
tribunal.
(c) Additional information on who is entitled to receive
confidential client records is provided in the following chapters
in Title 40, Texas Administrative Code:
(1) Chapter 700 of this title (relating to Child Protective
Services);
(2) Chapter 705 of this title (relating to Adult Protective
Services); and
(3) Chapter 707 of this title (relating to Child Protective
Investigations).
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