SECTION 745.8489. Who may get a copy of the portions of a child care record that are confidential?

(a) Notwithstanding §745.8483 of this division (relating to What portions of a child care record are confidential?), we may provide a copy of the portions of a child care record that are confidential to the following persons and entities in the relevant situations:

(1) Texas Health and Human Services Commission (HHSC) staff, including volunteers, as necessary to perform their assigned duties;

(2) Texas Department of Family and Protective Services (DFPS) staff, including volunteers, as necessary to perform their assigned duties;

(3) A single source continuum contractor (SSCC) that contracts with DFPS to provide community-based care in Texas Family Code, Subchapter B-1, Chapter 264, as necessary for the SSCC’s staff, including volunteers, to perform the SSCC’s duties under that subchapter;

(4) Law enforcement personnel for the purpose of investigating a crime that is related to the record;

(5) An administrative law judge or judge of a competent jurisdiction in a civil or criminal case arising out of a related inspection, investigation, or enforcement action; and

(6) Any other person authorized by state or federal law to have a copy.

(b) Notwithstanding subsection (a) of this section, Licensing, in consultation with the HHSC Legal Services Division, may withhold any information in its records if the release of that information would endanger the life or safety of any individual.

(c) Notwithstanding §745.8483 of this division, a judge of a competent jurisdiction may order us to disclose otherwise confidential information if:

(1) A party in a matter before the judge files a motion requesting the judge to compel us to disclose the information and provides notice to HHSC and any other interested parties;

(2) After conducting a hearing and reviewing the information, including an audio or visual recording, the judge determines that disclosure is essential to the administration of justice and will not endanger the life or safety of any individual; and

(3) The judge includes in the disclosure order any safeguards that the court finds appropriate.

(d) Any person or entity that receives a copy of the portions of a child care record that are confidential under this section:

(1) May only use the confidential information for the purpose or duty that authorized the release of the confidential information; and

(2) May not release the confidential information to any person or entity that is not authorized to have the confidential information under this section.

Source Note: The provisions of this §745.8489 adopted to be effective August 23, 2023, 48 TexReg 3990