Notwithstanding §745.8483 of this division (relating to
What portions of a child care record are confidential?), the below
exceptions allow certain portions of a child care record that are
confidential to be released in the following manner:
(1) Information obtained during an open investigation
that was confidential under §745.8483(1) of this division is
no longer confidential under that provision after the investigation
is completed.
(2) Information obtained during an open investigation
that is otherwise confidential under §745.8483(1) of this division
may be released to an operation if Licensing determines it is necessary
to protect the health, safety, or well-being of a child and the release
is compliant with applicable state and federal law including the federal
Child Abuse Prevention and Treatment Act.
(3) A foster home screening, adoptive home screening,
and post-placement adoptive report is confidential under §745.8483(4)(B)
of this division, but the screening or report may be released to:
(A) The individual who is the subject of the screening
or report; or
(B) Any other person, if the Associate Commissioner
for Child Care Regulation or designee determines the release of the
screening or report is necessary to protect the health or safety of
a child.
(4) The location of a family violence shelter or a
victims of trafficking shelter center is confidential under §745.8483(6)
of this division, except for when the location of the shelter or center
must be provided in a public hearing under Texas Human Resources Code §42.0461
because the shelter or center is a general residential operation that
will provide services to children with emotional disorders. The operation
does not have to identify that the operation intends to provide services
to victims of human trafficking.
(5) Any photograph, audio or visual recording, or documentation
of a child is confidential under §745.8483(8) of this division,
unless it is releasable under §745.8491 of this division (relating
to Who can review or have a copy of a photograph, audio or visual
recording, or documentation of a child that is in our records?).
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