40 Tex. Admin. Code § 705.1907 - Who has the right to obtain all or part of confidential case records maintained by DFPS?

(a) Upon request and to the extent required by state or federal law, DFPS makes the case records or portions of case records for a living APS client available after appropriate redactions to the following persons:

(1) the APS client;

(2) the court appointed guardian of an APS client;

(3) an attorney, attorney ad litem, or other court appointed legal representative of an APS client;

(4) the APS client's Disability Rights Texas representative;

(5) an alleged or designated perpetrator of abuse, neglect, or financial exploitation of an APS client. The perpetrator is only entitled to those portions of the investigation records that relate to the alleged or designated perpetrator; and

(6) a person, including a reporter, interviewed as a part of an investigation of abuse, neglect, or financial exploitation. The person is only entitled to that portion of the investigation record that relates to that person's interview.

(b) Upon request and to the extent required by state or federal law, DFPS makes the case records or portions of case records for a deceased APS client available after appropriate redactions to the following persons:

(1) the legally appointed representative of the deceased APS client's estate;

(2) the parents of a deceased APS client with a disability, if parental rights were not terminated and no estate exists requiring the appointment of a legal representative for the deceased APS client, and either:

(A) the case records requested relate to events precipitating the death of the APS client; or

(B) DFPS determines that the case records should be made available in the interest of justice;

(3) a person who was guardian at the time of death of the APS client;

(4) the APS client's Disability Rights Texas representative;

(5) an alleged or designated perpetrator of abuse, neglect, or financial exploitation of an APS client. The perpetrator is only entitled to those portions of the investigation records that relate to the alleged or designated perpetrator; and

(6) a person, including a reporter, interviewed as a part of an investigation of abuse, neglect, or financial exploitation. The person is only entitled to that portion of the investigation record that relates to that person's interview.

Notes

40 Tex. Admin. Code § 705.1907

Adopted by Texas Register, Volume 46, Number 02, January 8, 2021, TexReg 0321, eff. 2/1/2021