SECTION 417.511. Confidentiality of Investigative Process and Report

(a) The reports, records, and working papers used by or developed in the investigative process, and the resulting investigative report, are confidential and may be disclosed only as allowed by law or Chapter 711 of Title 40 (concerning Investigations in TDMHMR Facilities and Related Programs).

(b) Upon request, the head of the facility will provide a copy of the investigative report to the (alleged) victim or guardian with the identities of other persons served and any information determined confidential by law concealed. The head of the facility may charge a reasonable fee for providing a copy of the investigative report.

(c) Advocacy, Inc. is entitled to access the records of the (alleged) victim in accordance with 42 USC §10805(a)(4) (Protection and Advocacy for Mentally Ill Individuals) or 42 USC §15043(a)(2)(I) (Protection and Advocacy of Individual Rights).

Source Note: The provisions of this §417.511 adopted to be effective April 23, 2003, 28 TexReg 3354