Section 707.767 - Are there any portions of the abuse, neglect, and exploitation investigation records that may not be released to anyone?(a) Except as described in subsection (b) of this section, we may not release the following portions of the abuse, neglect, and exploitation investigation records to anyone: (1) Any information that would interfere with an ongoing law enforcement investigation or prosecution;(2) Any information identifying the person who made a report that resulted in an investigation;(3) The location of a family violence shelter;(4) Information pertaining to an individual who was provided family violence services;(5) The location of a victims of trafficking shelter center, which would include:(A) A general residential operation that provides trafficking victim services under 26 Texas Administrative Code (TAC) chapter 748, subchapter V (relating to Additional Requirements For Operations that Provide Trafficking Services); and(B) A child-placing agency that provides trafficking victim services under 26 TAC Chapter 749, Subchapter V (relating to Additional Requirements For Child-Placing Agencies That Provide Trafficking Victims Services);(6) Information pertaining to an individual who was provided services at a victims of trafficking shelter center, including a general residential operation or a child-placing agency that provides trafficking victim services;(7) The identity of any child or information identifying the child in an abuse, neglect, or exploitation investigation, unless the requestor is: (A) The child's parent or prospective adoptive parent;(B) A child day care operation that was cited for a deficiency as a result of the investigation;(C) A residential child care operation where the investigation occurred if the operation is cited for a deficiency as a result of the investigation or the Department of Family and Protective Services (DFPS) determines it is necessary for the operation to ensure the welfare of children at the operation; or(D) A single-source continuum contractor (SSCC) for community-based care that subcontracts with the child care operation where the investigation occurred;(8) Foster home screenings, adoptive home screenings, and post-placement adoptive reports, unless: (A) The requester is the person being evaluated; or(B) The Department of Family and Protective Services (DFPS) Commissioner approves the release of a screening or report based on a determination that, in the Commissioner's discretion, the release advances the goals of child protection; and(9) Any other information made confidential under state or federal law.(b) Notwithstanding any other provision in this section, DFPS may provide any of the above confidential information to the following, as specified: (1) DFPS staff, including volunteers, as necessary to perform their assigned duties;(2) CCL in order to carry out its regulatory functions under Human Resources Code, Chapter 42;(3) Law enforcement for the purpose of investigating allegations of child abuse, neglect, or exploitation; failure to report child abuse, neglect, or exploitation; or false or malicious reporting of alleged child abuse, neglect or exploitation;(4) A member of the state legislature when necessary to carry out that member's official duties;(5) Any other individuals ordered by an administrative law judge or judge of a court of competent jurisdiction; and(6) A social study evaluator who has requested a complete, non-redacted copy of any investigative report regarding abuse, neglect, or exploitation that relates to any person residing in the residence subject to the child custody evaluations, as provided by Texas Family Code § 107.111.(c) Notwithstanding any other provision in this subchapter, Child Care Investigations staff, in consultation with the DFPS' Office of the General Counsel, may withhold any information in its records if the release of that information would endanger the life or safety of any individual.40 Tex. Admin. Code § 707.767
Adopted by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4798, eff. 7/15/2020; Amended by Texas Register, Volume 47, Number 38, September 23, 2022, TexReg 6252, eff. 9/22/2022