(a) Physical case records and case records and information
in DFPS's electronic case management system entitled Information Management
Protecting Adults and Children in Texas (IMPACT) and other electronic
systems are generally retained and destroyed in accordance with the
Department of Family and Protective Services' (DFPS) Records Retention
Schedule. The Schedule can be found on DFPS's public website. The
retention period of a record is calculated from the time the case
is closed. When the retention period has expired, DFPS permanently
removes the case information from any electronic storage, including
IMPACT, and destroys any paper case record in a manner that protects
confidentiality.
(b) Notwithstanding subsection (a) of this section,
the retention period for a DFPS record may be extended for the following
reasons:
(1) Pursuant to Texas Government Code §441.187,
if a litigation, claim, negotiation, audit, open records request,
administrative review, or other action involving the record is initiated
before the retention period for the record expires, DFPS may not destroy
the record until the completion of the action and resolution of all
issues that arise from the action, even if the retention period for
the record expires during that period. If an action or activity involving
the record is initiated, the retention period for that record is extended
for the amount of time that the action or activity is in process.
(2) If DFPS opens a new case on a party to an older
closed case that has not been destroyed pursuant to DFPS's retention
schedule, DFPS may merge or relate the cases. Merged cases may be
reclassified and extended to coincide with the retention period of
the case with the latest retention period. For purposes of this section,
merge means combining two or more separate cases into one case.
(c) If the retention period for a case record is extended
as provided in subsection (b) of this section, DFPS may use the information
in the case record as necessary to make case related decisions, assess
risk of abuse or neglect, or for any other purpose for as long as
DFPS retains the case record.
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