SECTION 745.8491. Who can review or have a copy of a photograph, audio or visual recording, or documentation of a child that is in our records?

(a) In addition to the persons and entities identified in §745.8489 of this division (relating to Who may get a copy of the portions of a child care record that are confidential?):

(1) The parent of the child may get a copy of a photograph, audio or visual recording, or documentation of the child that is in our records; and

(2) The following persons may review a photograph, audio or visual recording, or documentation of a child in our records, but may not have a copy:

(A) Attorney ad litem, guardian ad litem, or court appointed special advocate of a child; and

(B) The operation cited for a deficiency from the inspection or investigation during which the photograph was taken or the audio or visual recording, or documentation was made.

(b) Any person or operation that receives a copy of a photograph, recording, or documentation of a child under subsection (a)(2) of this section:

(1) May only use it for the purpose or duty that authorized the release of the photograph, recording, or documentation of a child; and

(2) May not release it to any person or entity that is not authorized to have the photograph, recording, or documentation of a child under this section.

Source Note: The provisions of this §745.8491 adopted to be effective August 23, 2023, 48 TexReg 3990