26 Tex. Admin. Code § 356.1321 - Procedures Regarding Court Orders

A center must develop, maintain, and comply with written policies and procedures for responding to court orders, subpoenas, search warrants, and writs of attachment. The written procedures must include:

(1) what to do when a process server arrives with a court order or other legal document;

(2) on whom court orders and other documents may be served, such as the custodian of the records or the executive director, or, in the executive director's absence, the designated staff;

(3) which attorney or attorneys should be contacted;

(4) the process by which the center will make reasonable attempts to provide notice to victims affected by a potential release of information;

(5) who must discuss the court order or other legal documents and legal options with the program participant or other victim of family violence, and at what point;

(6) information about compliance with state and federal confidentiality and victim-advocate privilege provisions;

(7) the circumstances under which records may be released; and

(8) an affirmative statement that the center will take steps necessary to protect the privacy and safety of the persons affected by the release of information under state and federal laws.

Notes

26 Tex. Admin. Code § 356.1321

Transferred from 1 TAC § 356.1321 by Texas Register, Volume 49, Number 10, March 8, 2024, TexReg 1507, eff. 4/1/2024; Amended by Texas Register, Volume 50, Number 20, May 16, 2025, TexReg 2976, eff. 5/20/2025