(a) We may provide a copy of a photograph or an audio
or visual recording, depiction, or documentation of a child in Licensing
records to any of the following:
(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, failure to report child abuse
or neglect, or false or malicious reporting of alleged child abuse
or neglect;
(3) An administrative law judge or a judge of a court
of competent jurisdiction in a criminal or civil case to which the
inspection or investigation is relevant;
(4) The parent of the child; and
(5) Any other person authorized by state or federal
law to have a copy.
(b) The following persons may review a photograph or
an audio or visual recording, depiction, or documentation of a child
in Licensing records, but may not have a copy:
(1) An attorney ad litem, guardian ad litem, or court
appointed special advocate of the child;
(2) The operation cited for a deficiency as a result
of the inspection or investigation during which the photograph was
taken or the audio or visual recording, depiction, or documentation
was made;
(3) The alleged perpetrator of an abuse or neglect
investigation during which the photograph was taken or the audio or
visual recording, depiction, or documentation was made to support
or verify the abuse or neglect finding;
(4) With a signed release from the operation, a single-source
continuum contractor (SSCC) for foster-care redesign that subcontracts
with the operation; and
(5) A prospective adoptive parent of the child, as
provided in Texas Family Code §162.006.
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