| (a) Information is redacted based on the eligibility
or entitlement of the requester and whether the requester is entitled
to the information by law.
(b) With the exception of release to law enforcement
and prosecutors as specified in paragraphs §705.1909(1) and (2)
of this chapter (relating to Are there others who may have access
to APS records?), DFPS must redact case records to remove the name,
address, and any other information in the record which reveals the
identity of any person as a "reporter." If a person who was a reporter
also provided a witness statement or other evidence during the course
of the investigation that person's identity as a witness, as well
as the information provided by that person in the role of a witness,
will be released, provided that any information that might identify
that person as the reporter is redacted.
(c) DFPS must withhold the release of any records obtained
from another source, if the release of that record to this requester
is specifically prohibited under state or federal law. Information
which may be withheld under this section includes, but is not limited
to, the following:
(1) all medical records subject to Texas Occupations
Code, Chapter 159, unless their release to the requester is authorized
by that chapter or other law;
(2) non-physician medical records unless their release
to the requester is specifically authorized by law;
(3) criminal history or arrest records obtained from
law enforcement unless their release to the requester is specifically
authorized under state and federal law; and
(4) adult or juvenile probation records unless their
release to the requester is specifically authorized under state and
federal law.
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