| (a) Abuse, neglect, and exploitation investigation
records of child care operations are confidential pursuant to the
federal Child Abuse Prevention and Treatment Act and Texas Human Resources
Code (HRC) §40.005 and §42.004 and not available to the
general public, except as provided under applicable federal or state
law and as further described in the rules in this division. However,
Child Care Licensing (CCL) maintains a monitoring file for each operation
and will have access to the investigation records pursuant to HRC §40.042(f).
The portions of the abuse, neglect, or exploitation investigation
records that are maintained by CCL in the operation's monitoring file
are not confidential and may be released to the public.
(b) Notwithstanding subsection (a) of this section,
DFPS does not release any records until the investigation is complete.
(c) Records related to a child fatality that is the
subject of an investigation may be released to the general public
as provided under subchapter D, Release of Records Related to a Child
Fatality, in chapter 702 of this title (relating to General Administration).
|
