| (a) Pursuant to the federal Child Abuse Prevention
and Treatment Act and Texas Human Resources Code (HRC) §42.004,
a photograph, videotape, audiotape, or other audio or visual recording,
depiction, or documentation of a child that is made in the course
of an abuse, neglect, or exploitation investigation is confidential
and may only be released as required by state and federal law or as
specified in subsections (b) and (c) of this section.
(b) We may provide a copy of a photograph or an audio
or visual recording, depiction, or documentation of a child in our
records to any of the following:
(1) Texas Department of Family and Protective Services
staff, including volunteers, as necessary to perform their assigned
duties;
(2) Child Care Licensing (CCL) in order to carry out
its regulatory functions under HRC, Chapter 42;
(3) Law enforcement for the purpose of investigating
allegations of child abuse, neglect, or exploitation; failure to report
child abuse, neglect, or exploitation; or false or malicious reporting
of alleged child abuse, neglect, or exploitation;
(4) An administrative law judge or a judge of a court
of competent jurisdiction in a criminal or civil case to which the
inspection or investigation is relevant;
(5) The parent of the child; and
(6) Any other person authorized by state or federal
law to have a copy.
(c) The following persons may review a photograph or
an audio or visual recording, depiction, or documentation of a child
in our records, but may not have a copy:
(1) An attorney ad litem, guardian ad litem, or court
appointed special advocate of an alleged victim of child abuse, neglect,
or exploitation;
(2) The operation cited for a deficiency by CCL as
a result of the investigation during which the photograph was taken
or the audio or visual recording, depiction, or documentation was
made;
(3) The single-source continuum contractor (SSCC) for
community-based care when:
(A) The SSCC subcontracts with the child care operation
where the investigation occurred;
(B) The operation has signed a release of information;
and
(C) CCL cited the operation for a deficiency as a result
of the investigation during which the photograph was taken or the
audio or visual recording, depiction, or documentation was made;
(4) The alleged or designated perpetrator of an abuse,
neglect or exploitation investigation during which the photograph
was taken or the audio or visual recording, depiction, or documentation
was made to support or verify the abuse, neglect, or exploitation
finding;
(5) A prospective adoptive parent of the child, as
provided in Texas Family Code §162.0062.
|
