26 Tex. Admin. Code § 745.8483 - What portions of a child care record are confidential?

We can provide most portions of a child care record to the public. However, the following lists the portions of a child care record that are confidential and will not be released to the public in any manner, unless noted as an exception in §745.8487 of this division (relating to Are there any exceptions that allow the portions of a child care record that are confidential to be released to the public or certain persons?):

(1) Information concerning an open investigation, including:

(A) Interviews with operation staff, foster parents or other caregivers, children, or any other person; and

(B) Internal discussions by or among Licensing staff;

(2) The name of the reporter and any information that identifies the reporter;

(3) Information received or obtained from another agency, entity, or person, if that information is confidential under law, including information related to background checks as explained further in Subchapter F of this title (relating to Background Checks);

(4) Any private information that is confidential under state or federal law, including:

(A) A person's social security number;

(B) A foster home screening, adoptive home screening, and post-placement adoptive report; and

(C) Any information pertaining to pending court cases where the state is a party;

(5) Any information that would interfere with:

(A) An ongoing law enforcement investigation or prosecution;

(B) A Texas Department of Family and Protective Services child abuse, neglect, or exploitation investigation; or

(C) A Texas Health and Human Services Commission Long-Term Care Regulation adult abuse, neglect, or exploitation investigation;

(6) The location of a family violence shelter or a victims of trafficking shelter center as defined by Texas Government Code § 552.138;

(7) Information pertaining to an individual who received services at a family violence shelter or a victims of trafficking shelter center;

(8) Any photograph, audio or visual recording, or documentation of a child;

(9) Information that is confidential as described in §745.8497 of this division (relating to What confidentiality requirements apply to a person who is an applicant for a permit, a permit holder, or a former permit holder?); and

(10) Any other information that is confidential under state or federal law.

Notes

26 Tex. Admin. Code § 745.8483

Adopted by Texas Register, Volume 48, Number 29, July 21, 2023, TexReg 3993, eff. 8/23/2023; Amended by Texas Register, Volume 49, Number 31, August 2, 2024, TexReg 5779, eff. 10/9/2024