Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS › Subchapter C - CHILD CARE INVESTIGATIONS › Division 4 - CONFIDENTIALITY › Section 707.765 - Who may obtain confidential abuse, neglect, and exploitation investigation information from the Child Care Investigation's file made confidential under the federal Child Abuse Prevention and Treatment Act and Texas Human Resources Code (HRC) Sections 40.005 and 42.004?

Current through Reg. 49, No. 28; July 12, 2024
(a) The following may obtain confidential
					 abuse, neglect, and exploitation information from us subject to the limitations
					 described in §707.767 (relating to Are there any portions of the abuse,
					 neglect, or exploitation investigation records that may not be released to
					 anyone?) and §707.769 (relating to Who can review or have a copy of a
					 photograph or an audio or visual recording, depiction, or documentation of a
					 child that is in the abuse, neglect or exploitation investigation records
					 maintained by us?) in this division:
(1) Texas
					 Department of Family and Protective Services (DFPS) staff, including
					 volunteers, as necessary to perform their assigned duties;
(2) Child Care Licensing (CCL) pursuant to
					 HRC §40.042(f), in order to carry out its regulatory functions under HRC
					 Chapter 42;
(3) The parent of the
					 child who is the subject of the investigation;
(4) An attorney ad litem, guardian ad litem,
					 or court appointed special advocate of an alleged victim of child abuse,
					 neglect, or exploitation;
(5) The
					 alleged perpetrator, or the parent of an alleged perpetrator that is a
					 minor;
(6) Law
					 enforcement;
(7) A member of the
					 state legislature when necessary to carry out that member's official
					 duties;
(8) A residential child
					 care operation;
(9) A child day
					 care operation cited for a deficiency by CCL as a result of the
					 investigation;
(10) A single-source
					 continuum contractor (SSCC) for community-based care that subcontracts with the
					 child care operation where the investigation occurred;
(11) An administrative law judge who conducts
					 a due process hearing related to a finding of abuse, neglect, or exploitation
					 or related to an enforcement action taken by CCL or another state agency as a
					 result of the finding. See Division 7 of this subchapter (relating to Due
					 Process Hearings);
(12) A judge of
					 a court of competent jurisdiction in a criminal or civil case arising out of an
					 investigation of child abuse, neglect, or exploitation, if the judge:
(A) provides notice to DFPS and any other
					 interested parties;
(B) after
					 reviewing the information, including audio and/or videotapes, determines that
					 the disclosure is essential to the administration of justice and will not
					 endanger the life or safety of any individual; and
(C) includes in the disclosure order any
					 safeguards that the court finds appropriate to protect the interest of the
					 child involved in the investigation;
(13) According to Texas Family Code (TFC)
					 §162.0062, a prospective adoptive parent of a child who is the subject of
					 the investigation or who is the alleged or designated perpetrator in the
					 investigation;
(14) A child care
					 licensing agency or child welfare agency from another state that requests
					 information on the alleged perpetrator as part of a background check or to
					 assist in its own child abuse, neglect, or exploitation
					 investigation;
(15) A state
					 protection and advocacy system, such as Disability Rights Texas, that is
					 representing or is authorized by state or federal law to represent a child that
					 is the subject of the investigation; and