SECTION 711.613. Can the investigative report be released by a service provider?

Upon request, the investigative report (with any information concealed that would reveal the identities of the reporter and any individual receiving services who is not the victim or alleged victim) may be released:

(1) by a facility to:

(A) the victim or alleged victim, guardian, or parent (if the victim or alleged victim is a child), in accordance with 25 TAC §417.511(b) (relating to Confidentiality of Investigative Process and Report), and 40 TAC §3.305(k) (relating to Completion of an Investigation); and

(B) the perpetrator in accordance with 25 TAC §417.512(d) (relating to Classifications and Disciplinary Actions) and 40 TAC §3.305(e);

(2) by a local authority or community center to:

(A) the victim or alleged victim, guardian, or parent (if the victim or alleged victim is a child), in accordance with 25 TAC §414.559(b) and 40 TAC §4.559(b) (relating to Confidentiality of Investigative Process and Report); and

(B) the perpetrator or alleged perpetrator;

(3) for HCS waiver program or TxHmL waiver program providers providing services to an individual enrolled in the HCS waiver program or TxHmL waiver programs to the victim or alleged victim, guardian, or parent (if the victim or alleged victim is a child), in accordance with 40 TAC Chapter 9, Subchapter D (relating to Home and Community-based Services (HCS) Program) and 40 TAC Chapter 9, Subchapter N (relating to Texas Home Living (TxHmL) Program); and

(4) for all other service providers, the investigative report shall not be released except in accordance with §711.605(c) of this chapter (relating to Who receives the investigative report?).

Source Note: The provisions of this §711.613 adopted to be effective May 1, 2001, 26 TexReg 2755; amended to be effective March 1, 2008, 33 TexReg 1360; amended to be effective June 1, 2010, 35 TexReg 4180; amended to be effective September 1, 2012, 37 TexReg 6322; amended to be effective June 1, 2014, 39 TexReg 3878; amended to be effective September 1, 2016, 41 TexReg 4218; transferred effective June 15, 2019, as published in the Texas Register May 24, 2019, 44 TexReg 2617