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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 735INDEPENDENT COURT-ORDERED ADOPTION EVALUATIONS
SUBCHAPTER EBACKGROUND CHECK INFORMATION
RULE §735.503How do I request an investigative record regarding abuse or neglect for the pre-placement portion of an adoption evaluation?

You may request, as needed, a complete, unredacted copy of any investigative record regarding abuse or neglect that relates to any person residing in the adoptive parents' home by completing the appropriate Records Management Group (RMG) form that is available on the department's public website. If you obtain these investigative records from the department, Texas Family Code §107.163 states:

  (1) Records obtained by you from the department are not subject to the Public Information Act or to disclosure in response to a subpoena or a discovery request.

  (2) You may disclose information obtained from the department only to the extent you determine the information is relevant to the adoption evaluation.

  (3) You commit a Class A misdemeanor if you recklessly disclose confidential information received from the department.


Source Note: The provisions of this §735.503 adopted to be effective March 1, 2016, 41 TexReg 1489; transferred effective May 1, 2018, as published in the Texas Register April 13, 2018, 43 TexReg 2289

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