| (a) The following may obtain confidential abuse, neglect,
and exploitation information from us subject to the limitations described
in §707.767 (relating to Are there any portions of the abuse,
neglect, or exploitation investigation records that may not be released
to anyone?) and §707.769 (relating to Who can review or have
a copy of a photograph or an audio or visual recording, depiction,
or documentation of a child that is in the abuse, neglect or exploitation
investigation records maintained by us?) in this division:
(1) Texas Department of Family and Protective Services
(DFPS) staff, including volunteers, as necessary to perform their
assigned duties;
(2) Child Care Licensing (CCL) pursuant to HRC §40.042(f),
in order to carry out its regulatory functions under HRC Chapter 42;
(3) The parent of the child who is the subject of the
investigation;
(4) An attorney ad litem, guardian ad litem, or court
appointed special advocate of an alleged victim of child abuse, neglect,
or exploitation;
(5) The alleged perpetrator, or the parent of an alleged
perpetrator that is a minor;
(6) Law enforcement;
(7) A member of the state legislature when necessary
to carry out that member's official duties;
(8) A residential child care operation;
(9) A child day care operation cited for a deficiency
by CCL as a result of the investigation;
(10) A single-source continuum contractor (SSCC) for
community-based care that subcontracts with the child care operation
where the investigation occurred;
(11) An administrative law judge who conducts a due
process hearing related to a finding of abuse, neglect, or exploitation
or related to an enforcement action taken by CCL or another state
agency as a result of the finding. See Division 7 of this subchapter
(relating to Due Process Hearings);
(12) A judge of a court of competent jurisdiction in
a criminal or civil case arising out of an investigation of child
abuse, neglect, or exploitation, if the judge:
(A) provides notice to DFPS and any other interested
parties;
(B) after reviewing the information, including audio
and/or videotapes, determines that the disclosure is essential to
the administration of justice and will not endanger the life or safety
of any individual; and
(C) includes in the disclosure order any safeguards
that the court finds appropriate to protect the interest of the child
involved in the investigation;
(13) According to Texas Family Code (TFC) §162.0062,
a prospective adoptive parent of a child who is the subject of the
investigation or who is the alleged or designated perpetrator in the
investigation;
(14) A child care licensing agency or child welfare
agency from another state that requests information on the alleged
perpetrator as part of a background check or to assist in its own
child abuse, neglect, or exploitation investigation;
(15) A state protection and advocacy system, such as
Disability Rights Texas, that is representing or is authorized by
state or federal law to represent a child that is the subject of the
investigation; and
(16) Any other person authorized by state or federal
law to have a copy.
(b) Notwithstanding any other provision of this section,
the parent of a child who is not the subject of the investigation
or the alleged or designated perpetrator in the investigation but
was a collateral witness during the investigation is entitled to the
portion of the investigation record related to their child.
(c) A social study evaluator may obtain a complete,
non-redacted copy of any investigative report regarding abuse, neglect,
or exploitation that relates to any person residing in the residence
subject to the child custody evaluation, as provided by TFC §107.111.
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| Source Note: The provisions of this §707.765 adopted to be effective July 15, 2020, 45 TexReg 4780; amended to be effective January 3, 2022, 46 TexReg 9417; amended to be effective September 22, 2022, 47 TexReg 6250 |
