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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 700CHILD PROTECTIVE SERVICES
SUBCHAPTER EINTAKE, INVESTIGATION, AND ASSESSMENT
DIVISION 2ALTERNATIVE RESPONSE
RULE §700.565What provisions govern the release and maintenance of records generated in conjunction with an alternative response?

(a) Records of an alternative response are confidential case records as provided by Texas Family Code §261.201, and §700.202(1) of this title (relating to Definitions).

(b) DFPS may withhold or release confidential alternative response case records in the same manner as other records that are gathered or maintained in response to a report of abuse or neglect of a child, as authorized by state and federal law, including §700.203 of this title (relating to Access to Confidential Information Maintained by the Texas Department of Family and Protective Services (DFPS)).

(c) DFPS maintains alternative response case records in accordance with its published records retention schedule. DFPS may utilize information from an alternative response if alternative response case records are available and DFPS receives a subsequent report of abuse or neglect involving a person who participated in an alternative response case.

(d) Notwithstanding any other provision of this chapter, DFPS does not release alternative response case records in response to a request for information received pursuant to Texas Family Code §261.308(e).


Source Note: The provisions of this §700.565 adopted to be effective March 1, 2014, 39 TexReg 1174

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