| (a) The parent or guardian of a child who has been
determined eligible for services must be afforded the opportunity
to inspect and review any records relating to evaluations and assessments,
eligibility determination, development and implementation of the treatment
plan, individual complaints dealing with the child, and any other
area involving records about the child and the child's family. If
requested in writing by the child or the child's parent/guardian,
the contractor must make all requested information in that child's
record of services accessible to and must release the information
to the requesting party in a timely manner. This includes a verified
request for release of records by the child or parent/guardian to
a third party. The right to inspect and review records under this
section includes the right to:
(1) a written response from the contractor to reasonable
requests for explanations and interpretations of the records;
(2) request that the contractor provide copies of the
records containing the information if failure to provide those copies
would effectively prevent the parent from exercising the right to
inspect and review the records; and
(3) have the child's or the parent's representative
inspect and review the records.
(b) The contractor may presume that the parent has
authority to inspect and review records relating to his or her child
unless the agency has been advised in writing with supporting documentation
that the parent does not have the authority under applicable state
law governing such matters as guardianship, separation, and divorce.
(c) If any record includes information on more than
one child, the parent of those children shall have the right to inspect
and review only the information relating to their child or to be informed
of that specific information. The provider will redact information
regarding any other child from the record.
(d) The contractor must, on request, provide the parent
a list of the types and locations of service records collected, maintained,
or used by the contractor.
|
| Source Note: The provisions of this §358.511 adopted to be effective December 22, 2015, 40 TexReg 9307; transferred effective August 1, 2021, as published in the July 9, 2021 issue of the Texas Register, 46 TexReg 4173 |
