| (a) Upon request and to the extent required by state
or federal law, DFPS makes the case records or portions of case records
for a living APS client available after appropriate redactions to
the following persons:
(1) the APS client;
(2) the court appointed guardian of an APS client;
(3) an attorney, attorney ad litem, or other court
appointed legal representative of an APS client;
(4) the APS client's Disability Rights Texas representative;
(5) an alleged or designated perpetrator of abuse,
neglect, or financial exploitation of an APS client. The perpetrator
is only entitled to those portions of the investigation records that
relate to the alleged or designated perpetrator; and
(6) a person, including a reporter, interviewed as
a part of an investigation of abuse, neglect, or financial exploitation.
The person is only entitled to that portion of the investigation record
that relates to that person's interview.
(b) Upon request and to the extent required by state
or federal law, DFPS makes the case records or portions of case records
for a deceased APS client available after appropriate redactions to
the following persons:
(1) the legally appointed representative of the deceased
APS client's estate;
(2) the parents of a deceased APS client with a disability,
if parental rights were not terminated and no estate exists requiring
the appointment of a legal representative for the deceased APS client,
and either:
(A) the case records requested relate to events precipitating
the death of the APS client; or
(B) DFPS determines that the case records should be
made available in the interest of justice;
(3) a person who was guardian at the time of death
of the APS client;
(4) the APS client's Disability Rights Texas representative;
(5) an alleged or designated perpetrator of abuse,
neglect, or financial exploitation of an APS client. The perpetrator
is only entitled to those portions of the investigation records that
relate to the alleged or designated perpetrator; and
(6) a person, including a reporter, interviewed as
a part of an investigation of abuse, neglect, or financial exploitation.
The person is only entitled to that portion of the investigation record
that relates to that person's interview.
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