| (a) We may not release the following portions of Licensing
records to anyone:
(1) Any information that would interfere with an ongoing
law enforcement investigation or prosecution;
(2) Any information identifying the person who made
a report that resulted in an investigation;
(3) The location of a family violence shelter;
(4) Information pertaining to an individual who was
provided family violence services;
(5) The location of a victims of trafficking shelter
center;
(6) Information pertaining to an individual who was
provided services at a victims of trafficking shelter center;
(7) The identity of any child or information identifying
the child in an abuse or neglect investigation, unless the requestor
is:
(A) The child's parent or prospective adoptive parent;
(B) The operation that was cited for a deficiency as
a result of the investigation; or
(C) The single-source continuum contractor (SSCC) for
foster care redesign when:
(i) The SSCC subcontracts with the operation;
(ii) The operation has signed a release of information;
and
(iii) The operation was cited for a deficiency as a
result of the investigation;
(8) Foster home screenings, adoptive home screenings,
and post-placement adoptive reports, unless:
(A) The requester is the person being evaluated; or
(B) The DFPS Commissioner approves the release of a
screening or report based on a determination that, in the Commissioner's
discretion, the release advances the goals of child protection; and
(9) Any other information confidential under state
or federal law.
(b) Notwithstanding any other provision in this section,
DFPS may provide any of the above confidential information to the
following parties in the relevant situations:
(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 or false or malicious reporting
of alleged child abuse or neglect;
(3) A member of the state legislature when necessary
to carry out that member's official duties;
(4) Any other individuals ordered by an administrative
law judge or judge of a court of competent jurisdiction; and
(5) A social study evaluator who has requested a complete,
unredacted copy of any investigative report regarding abuse or neglect
that relates to any person residing in the residence subject to the
social study, as provided by Texas Family Code §107.05145.
(c) Notwithstanding any other provision in this chapter,
CCL staff, in consultation with the Office of the General Counsel,
may withhold any information in its records if the release of that
information would endanger the life or safety of any individual.
|
| Source Note: The provisions of this §745.8493 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective September 1, 2010, 35 TexReg 7494; amended to be effective March 1, 2013, 38 TexReg 991; amended to be effective March 1, 2014, 39 TexReg 1182; amended to be effective March 1, 2015, 40 TexReg 834 |
