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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 11TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 349GENERAL ADMINISTRATIVE STANDARDS
SUBCHAPTER ECONFIDENTIALITY AND RELEASE OF ABUSE, EXPLOITATION AND NEGLECT INVESTIGATION RECORDS
RULE §349.540Procedures for Requesting Access to Confidential Information

(a) Subject to the exception in §349.560 of this chapter, upon written request for copies of records and a determination that the requestor is entitled to have access to those records pursuant to either these rules or a court order issued in accordance with the provisions in §261.201 of the Texas Family Code, the Commission shall provide copies of the requested records.

(b) Notwithstanding any other provision in this subchapter, the Commission shall not disclose any information which if released to the requestor would interfere with a criminal investigation or prosecution.

(c) Records will not be released until the investigation of an allegation of abuse, neglect and exploitation is complete unless, in the discretion of the Commission, release prior to completion of the investigation is necessary to aid in the protection of juveniles.

(d) Notwithstanding any other provision in this subchapter, if the Commission has been sued by any party and the Commission determines that the release of the requested records might interfere with the defense of that litigation, the Commission may require that a requestor seek access to records under the appropriate rules of civil procedure rather than under this chapter.


Source Note: The provisions of this §349.540 adopted to be effective May 1, 2010, 35 TexReg 3289

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