25 Tex. Admin. Code § 1.207 - Confidentiality of Investigative Process and Report
(a) The allegation and the reports, records,
communications and working papers used or developed in the investigative
process, including the resulting final report regarding abuse, neglect, or
exploitation, are confidential and may be disclosed only as provided in the
Family Code, §
261.201, or the Human
Resources Code, §
48.101 and
§48.038(f) and (g), and pursuant to the sections under this undesignated
head.
(b) Information discussed
during deliberations of abuse, neglect, and exploitation investigations may not
be discussed outside the purview of those deliberations.
(c) The completed investigative report and
related documents may be released to governmental agencies as described in this
undesignated head.
(d) The
completed investigative report and related documents may be released by court
order.
(e) The completed
investigative report and related documents may be released to the victim or the
victim's parent or guardian if the victim is a minor if there is no ongoing
criminal investigation. Any information which might reveal the identity of the
reporter, any other patients or clients of the facility or any other person
whose life or safety might be endangered by the disclosure must be blacked out
or deidentified.
(f) The
investigative report and related documents shall not be available to the
public.
(g) The completed
investigative report and related documents shall be released to the adoptive
parents or prospective adoptive parents of a child who was the subject of an
investigation or an adult who was the subject of an investigation as a child.
Any information which might reveal the identity of the reporter, the biological
parents or any other person whose identity is confidential shall be blacked out
or deidentified.
(h) The completed
investigative report regarding abuse, neglect, or exploitation of an elderly or
disabled person shall be released to the subject of a report of abuse, neglect,
or exploitation or to that person's legal representative upon request. Any
information relating to the reporter's identity or any other individual whose
safety or welfare may be endangered by the disclosure shall be blacked out or
deidentified.
(i) At the conclusion
of an investigation in which the department determines that the person alleged
to have abused or neglected a child did not commit abuse or neglect, the
department shall notify the person of the person's right to request the
department to remove information about the person's alleged role in the abuse
or neglect report from the department's records.
(j) On request under subsection (i) of this
section by a person whom the department has determined did not commit abuse or
neglect, the department shall remove information from the department's records
concerning the person's alleged role in the abuse or neglect report.
Notes
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