SECTION 707.565. What provisions govern the release and maintenance of records generated in conjunction with an alternative response?

(a) Records of an alternative response are confidential case records as provided by the federal Child Abuse Prevention and Treatment Act and Texas Family Code (TFC) §261.201, and as further provided in subchapter B, chapter 700, of this title (relating to Confidentiality and Release of Records).

(b) We will withhold or release confidential alternative response case records in the same manner as other records that are gathered or maintained in response to a report of abuse or neglect of a child, as authorized by state and federal law, and in accordance with governing rules in subchapter B, chapter 700.

(c) We maintain alternative response case records in accordance with the Investigations published records retention schedule on the DFPS website. We may utilize information from an alternative response if alternative response case records are available and we receive a subsequent report of abuse or neglect involving a person who participated in an alternative response case.

(d) Notwithstanding any other provision of this chapter, we do not release alternative response case records in response to a request for information received pursuant to TFC §261.308(e).

Source Note: The provisions of this §707.565 adopted to be effective July 15, 2020, 45 TexReg 4780