Section 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.40 Tex. Admin. Code § 700.205
The provisions of this §700.205 adopted to be effective April 1, 1997, 22 TexReg 2877; amended to be effective December 1, 2012, 37 TexReg 9122