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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 745LICENSING
SUBCHAPTER KINSPECTIONS AND INVESTIGATIONS
DIVISION 3CONFIDENTIALITY
RULE §745.8495Who can review or have a copy of a photograph or an audio or visual recording, depiction, or documentation of a child that is in Licensing records?

(a) We may provide a copy of a photograph or an audio or visual recording, depiction, or documentation of a child in Licensing records to any of the following:

  (1) DFPS staff, including volunteers, as necessary to perform their assigned duties;

  (2) Law enforcement for the purpose of investigating allegations of child abuse or neglect, failure to report child abuse or neglect, or false or malicious reporting of alleged child abuse or neglect;

  (3) 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;

  (4) The parent of the child; and

  (5) Any other person authorized by state or federal law to have a copy.

(b) The following persons may review a photograph or an audio or visual recording, depiction, or documentation of a child in Licensing records, but may not have a copy:

  (1) An attorney ad litem, guardian ad litem, or court appointed special advocate of the child;

  (2) The operation cited for a deficiency as a result of the inspection or investigation during which the photograph was taken or the audio or visual recording, depiction, or documentation was made;

  (3) The alleged perpetrator of an abuse or neglect investigation during which the photograph was taken or the audio or visual recording, depiction, or documentation was made to support or verify the abuse or neglect finding;

  (4) With a signed release from the operation, a single-source continuum contractor (SSCC) for foster-care redesign that subcontracts with the operation; and

  (5) A prospective adoptive parent of the child, as provided in Texas Family Code §162.006.


Source Note: The provisions of this §745.8495 adopted to be effective March 1, 2014, 39 TexReg 1182; amended to be effective March 1, 2015, 40 TexReg 834

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