SECTION 705.1909. Are there others who may have access to APS records?

DFPS must make case records available after any required redactions to the following persons:

(1) local, state, or federal law enforcement officials for the purpose of investigating crimes related to:

(A) allegations of abuse, neglect, or financial exploitation of an APS client;

(B) allegations of false or malicious reporting of alleged abuse, neglect, or financial exploitation of an APS client; or

(C) failure to report alleged abuse, neglect, or financial exploitation of an APS client;

(2) local, state, or federal government officials or agencies when:

(A) specifically required by law; or

(B) DFPS determines case records should be made available in the interest of justice;

(3) a court of criminal or civil jurisdiction with a legal matter pending before it, either:

(A) arising out of an investigation of abuse, neglect, or financial exploitation of an APS client; or

(B) concerning an APS client;

(4) persons or agencies when DFPS determines it is necessary to:

(A) access services for an APS client;

(B) provide services to an APS client;

(C) properly meet the needs of an APS client; or

(D) protect an APS client; or

(5) as otherwise provided by law.

Source Note: The provisions of this §705.1909 adopted to be effective February 1, 2021, 46 TexReg 317