| (a) Subject to the limitations specified in subsections
(b) and (c) of this section, we have the authority to conduct a Non-Emergency
or an Emergency Release.
(b) Before a Non-Emergency or Emergency Release is
conducted, the release must be approved by:
(1) the Managing Regional Attorney for the region that
issued the abuse or neglect finding; and
(2) the Regional Director for the region that issued
the abuse or neglect finding. Before approving the release, the Regional
Director must consult with the appropriate Managing Regional Attorney.
(c) For a Nonemergency Release, before we conduct a
release, our conclusion about your status as a designated perpetrator
must be sustained as specified in §707.571(4) of this division
(relating to What do the following pronouns, words, and terms mean
when used in this division?), and there must be evidence that the
risk of harm to one or more children or vulnerable adults is substantial.
(d) For an Emergency Release, we conduct a release
when there is evidence that the risk of harm to one or more children
or vulnerable adults is both substantial and immediate, in accordance
with Texas Family Code 261.308(d). During an Emergency Release, we
will act as quickly as possible and without regard for the timing
of an appeal by you. In other words, we will release the information
before the abuse or neglect conclusion is sustained. However, notice
of the release in compliance with §707.575 of this division (relating
to What are the notice requirements for a designated perpetrator when
we release information to outside parties?) will be sent to you before
the release is conducted. This notice will offer a release hearing
after the release has been conducted.
|
| Source Note: The provisions of this §707.573 adopted to be effective March 1, 2012, 37 TexReg 713; amended to be effective December 1, 2013, 38 TexReg 8248; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8882; amended to be effective September 22, 2022, 47 TexReg 6250 |
