SECTION 707.763. Are abuse, neglect, and exploitation investigations in child care operations confidential?

(a) Abuse, neglect, and exploitation investigation records of child care operations are confidential pursuant to the federal Child Abuse Prevention and Treatment Act and Texas Human Resources Code (HRC) §40.005 and §42.004 and not available to the general public, except as provided under applicable federal or state law and as further described in the rules in this division. However, Child Care Licensing (CCL) maintains a monitoring file for each operation and will have access to the investigation records pursuant to HRC §40.042(f). The portions of the abuse, neglect, or exploitation investigation records that are maintained by CCL in the operation's monitoring file are not confidential and may be released to the public.

(b) Notwithstanding subsection (a) of this section, DFPS does not release any records until the investigation is complete.

(c) Records related to a child fatality that is the subject of an investigation may be released to the general public as provided under subchapter D, Release of Records Related to a Child Fatality, in chapter 702 of this title (relating to General Administration).

Source Note: The provisions of this §707.763 adopted to be effective July 15, 2020, 45 TexReg 4780