40 Tex. Admin. Code § 700.205 - Procedures for Requesting Access to Confidential Information
(a) A request for access to records made
confidential under §261.201(a) of the Code shall be submitted on a
standard form developed by the Texas Department of Protective and Regulatory
Services (TDPRS) for this purpose. TDPRS's standard form will be designed to
obtain sufficient information from the requestor to determine which TDPRS
records are being requested, as well as to establish the requestor's identity
and relationship to the records being sought. TDPRS's standard form will
provide additional instructions regarding the proper filing of the request and
any fees which must be paid in order to obtain copies of the requested records.
TDPRS may waive the use of its standard form, or may request additional
information not included on the form, if TDPRS deems it appropriate under the
circumstances surrounding a particular request.
(b) Upon receipt of a proper request for
copies of records, and a determination that the requestor is entitled to have
access to those records, TDPRS will provide copies of the requested records,
subject to the exception in §
700.206 of this title (relating to
Videotapes, Audiotapes, and Photographs).
(c) Records will not be released under §
700.203(b) - (e)
of this title (relating to Access to Confidential Information Maintained by the
Texas Department of Protective and Regulatory Services (TDPRS)) until the
investigation of an allegation of child abuse or neglect is complete. Requests
for records will be filled on a priority basis, as provided by §
702.223 of this title (relating to
How does the department prioritize fulfilling requests for copies of
confidential client records that require redaction prior to their
release?).
(d) Notwithstanding any
other provision in this subchapter, if TDPRS has been sued by any party and
TDPRS determines that the release of the requested records might interfere with
its defense of that litigation, TDPRS may require that a requestor seek access
to records under the appropriate rules of civil procedure rather than these
rules.
(e) Individuals not
otherwise authorized to obtain records under this subchapter or through the
rules of civil or criminal procedure must obtain a court order using the
procedures outlined in §261.201(b) of the Code.
Notes
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