| (a) A request for access to records made confidential
under §261.201(a) of the Code shall be submitted on a standard
form developed by the Texas Department of Protective and Regulatory
Services (TDPRS) for this purpose. TDPRS's standard form will be designed
to obtain sufficient information from the requestor to determine which
TDPRS records are being requested, as well as to establish the requestor's
identity and relationship to the records being sought. TDPRS's standard
form will provide additional instructions regarding the proper filing
of the request and any fees which must be paid in order to obtain
copies of the requested records. TDPRS may waive the use of its standard
form, or may request additional information not included on the form,
if TDPRS deems it appropriate under the circumstances surrounding
a particular request.
(b) Upon receipt of a proper request for copies of
records, and a determination that the requestor is entitled to have
access to those records, TDPRS will provide copies of the requested
records, subject to the exception in §700.206 of this title (relating
to Videotapes, Audiotapes, and Photographs).
(c) Records will not be released under §700.203(b)
- (e) of this title (relating to Access to Confidential Information
Maintained by the Texas Department of Protective and Regulatory Services
(TDPRS)) until the investigation of an allegation of child abuse or
neglect is complete. Requests for records will be filled on a priority
basis, as provided by §702.223 of this title (relating to How
does the department prioritize fulfilling requests for copies of confidential
client records that require redaction prior to their release?).
(d) Notwithstanding any other provision in this subchapter,
if TDPRS has been sued by any party and TDPRS determines that the
release of the requested records might interfere with its defense
of that litigation, TDPRS may require that a requestor seek access
to records under the appropriate rules of civil procedure rather than
these rules.
(e) Individuals not otherwise authorized to obtain
records under this subchapter or through the rules of civil or criminal
procedure must obtain a court order using the procedures outlined
in §261.201(b) of the Code.
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