| (a) The following may obtain information from the confidential
portions of an abuse or neglect investigation file, subject to the
limitations described in §745.8493 of this title (relating to
Are there any portions of Licensing records that Licensing may not
release to anyone?) and §745.8495 of this title (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 Licensing
records?):
(1) DFPS staff, including volunteers, as necessary
to perform their assigned duties;
(2) The parent of the child who is the subject of the
investigation or the alleged perpetrator in the investigation;
(3) An attorney ad litem, guardian ad litem, or court
appointed special advocate of an alleged victim of child abuse or
neglect;
(4) The alleged perpetrator;
(5) Law enforcement;
(6) A member of the state legislature when necessary
to carry out that member's official duties;
(7) An operation cited for a deficiency as a result
of the investigation;
(8) With a signed release from the operation, a single-source
continuum contractor (SSCC) for foster-care redesign that subcontracts
with the operation that is cited for a deficiency as a result of the
investigation;
(9) An administrative law judge, or a judge of a court
of competent jurisdiction in a criminal or civil case arising out
of an investigation of child abuse or neglect, if he:
(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 his disclosure order any safeguards
that the court finds appropriate to protect the interest of the child
involved in the investigation;
(10) According to the Texas Family Code §162.006,
a prospective adoptive parent of the child who is the subject of the
investigation or who is the alleged perpetrator in the investigation;
and
(11) A child welfare agency from another state that
is requesting the information to assist in its own child abuse or
neglect investigation.
(b) Notwithstanding any other provision of this section,
the parent of a child who is not the subject of or the alleged 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,
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.
|
| Source Note: The provisions of this §745.8491 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective June 1, 2010, 35 TexReg 4184; 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 |
