40 Tex. Admin. Code § 707.573 - When do we release information about a designated perpetrator to outside parties?

(a) Subject to the limitations specified in subsections (b) and (c) of this section, we have the authority to conduct a release via a Non-Emergency or an Emergency Release.

(b) Before a Non-Emergency or Emergency Release is conducted, the release must be approved by:

(1) the Managing Regional Attorney for the region that issued the abuse or neglect finding; and

(2) the Regional Director for the region that issued the abuse or neglect finding. Before approving the release, the Regional Director must consult with the appropriate Managing Regional Attorney.

(c) For a Nonemergency Release, before we conduct a release, our conclusion about your status as a designated perpetrator must be sustained as specified in §707.571(4) of this division (relating to What do the following pronouns, words, and terms mean when used in this division?), and there must be evidence that the risk of harm to one or more children or vulnerable adults is substantial.

(d) For an Emergency Release, we conduct a release when there is evidence that the risk of harm to one or more children or vulnerable adults is both substantial and immediate, in accordance with Texas Family Code 261.308(d). During an Emergency Release, we will act as quickly as possible and without regard for the timing of an appeal by you. In other words, we will release the information before the abuse or neglect conclusion is sustained. However, notice of the release in compliance with §707.575 of this division (relating to What are the notice requirements for a designated perpetrator when we release information to outside parties?) will be sent to you before the release is conducted. This notice will offer you a release hearing after the release has been conducted.

Notes

40 Tex. Admin. Code § 707.573

The provisions of this §707.573 adopted to be effective March 1, 2012, 37 TexReg 713; amended to be effective December 1, 2013, 38 TexReg 8248; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8882; Amended by Texas Register, Volume 47, Number 38, September 23, 2022, TexReg 6251, eff. 9/22/2022