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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 702GENERAL ADMINISTRATION
SUBCHAPTER BAGENCY RECORDS AND INFORMATION
RULE §702.223How does the department prioritize fulfilling requests for copies of confidential client records that require redaction prior to their release?

(a) In responding to requests for client records that require redaction to remove certain confidential information before release, department staff must work diligently to fulfill each request in as timely a manner as possible, subject to the priorities set forth in this section. The department fulfills requests for client records in the following priority order, from highest to lowest priority ranking:

  (1) Records provided in response to a subpoena or court order that has been properly served on the department;

  (2) Records provided in response to discovery in a lawsuit to which the department is a party;

  (3) Records provided to a prospective adoptive family before an adoption may be consummated;

  (4) Records provided to a party or the administrative law judge in an Employee Misconduct Registry administrative hearing;

  (5) Records provided to a party or the administrative law judge in a hearing conducted by the State Office of Administrative Hearings;

  (6) Records provided to a duly authorized person documenting the results of a school investigation as required by §261.406, Texas Family Code;

  (7) Records provided to a party in an administrative review of investigative findings that is conducted by the department;

  (8) Records provided to an adult who was previously in the conservatorship of the department, if the request is for a copy of such adult's own "case record" as defined by §264.0145, Texas Family Code; and

  (9) Records provided to all other requestors entitled to receive the requested records, which are fulfilled in the order they are received.

(b) Notwithstanding subsection (a) of this section, the department reserves the right to expedite any request for records when the department determines that a delay in fulfilling the request may:

  (1) jeopardize the health or safety of any person;

  (2) cause any person to suffer undue hardship; or

  (3) result in the department's failure to meet a mandatory deadline for production of the requested records as imposed by a court or administrative tribunal.

(c) Additional information on who is entitled to receive confidential client records is provided in the following chapters in Title 40, Texas Administrative Code:

  (1) Chapter 700 of this title (relating to Child Protective Services);

  (2) Chapter 705 of this title (relating to Adult Protective Services); and

  (3) Chapter 745 of this title (relating to Licensing).


Source Note: The provisions of this §702.223 adopted to be effective December 1, 2012, 37 TexReg 9122

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