Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 1 - MISCELLANEOUS PROVISIONS › Subchapter Q - INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION OF CHILDREN OR ELDERLY OR DISABLED PERSONS › Section 1.207 - Confidentiality of Investigative Process and Report

Current through Reg. 49, No. 28; July 12, 2024
(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.