| (a) Confidentiality. All reports, records, and working
papers used or developed by the Texas Department of Human Services
(DHS) in an investigation are confidential and may be released to
the public only as provided below.
(1) Completed written investigation reports are open
to the public, provided the report is de-identified. The process of
de-identification means removing all names and other personally identifiable
data, including any information from witnesses and others furnished
to DHS as part of the investigation.
(2) If DHS receives written authorization from a facility
resident or the resident's legal representative regarding an investigation
of abuse or neglect involving that resident, DHS will release the
completed investigation report without removing the resident's name.
The authorization must:
(A) be signed and dated within six months of the request
or state a length of time the authorization is valid;
(B) detail the information to be released;
(C) identify to whom the information can be released;
and
(D) release DHS from all liability for complying with
the authorization.
(b) Immunity. A person who reports suspected instances
of abuse or neglect will, in the absence of bad faith or malicious
conduct, be immune from civil or criminal liability which might have
otherwise resulted from making the report. Immunity will extend to
participation in any judicial proceeding resulting from the report.
(c) Privileged communications. In a proceeding regarding
a report or investigation conducted under this subchapter, evidence
will not be excluded on a claim of privileged communication except
in the case of a communication between an attorney and a client.
(d) Central registry. DHS will maintain a central registry
of reported cases of abuse and neglect at the central office in Austin.
|
| Source Note: The provisions of this §554.2010 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective June 1, 1997, 22 TexReg 3816; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871 |
