<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700CHILD PROTECTIVE SERVICES
SUBCHAPTER NPOLICIES REGARDING CHILDREN IN DFPS'S CONSERVATORSHIP AND HIV TESTING AND CARE
RULE §700.1404Who may DFPS notify regarding a child's HIV status or test result?

(a) If a child in DFPS conservatorship has tested positive for HIV infection, DFPS may notify the following parties of the child's condition:

  (1) a physician, nurse, or other professional who has a legitimate need to know the information in order to provide for the child's health and welfare;

  (2) a court having jurisdiction of a proceeding involving the child or a proceeding involving a person suspected of abusing the child, if requested;

  (3) pursuant to law or court order, any person with a legal right to obtain the information; and

  (4) the child.

(b) If a child in DFPS conservatorship has tested negative for HIV infection, the parties listed in subsection (a) of this section and §700.1403 of this title (relating to Who must DFPS notify regarding a child's HIV infection?) may be notified if the party requests the information or if DFPS determines the information is needed to provide for the child's health or welfare.


Source Note: The provisions of this §700.1404 adopted to be effective March 1, 2015, 40 TexReg 833

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page