40 Tex. Admin. Code § 705.1909

Current through Reg. 50, No. 1; January 3, 2025
Section 705.1909 - Are there others who may have access to APS records?

DFPS must make case records available after any required redactions to the following persons:

(1) local, state, or federal law enforcement officials for the purpose of investigating crimes related to:
(A) allegations of abuse, neglect, or financial exploitation of an APS client;
(B) allegations of false or malicious reporting of alleged abuse, neglect, or financial exploitation of an APS client; or
(C) failure to report alleged abuse, neglect, or financial exploitation of an APS client;
(2) local, state, or federal government officials or agencies when:
(A) specifically required by law; or
(B) DFPS determines case records should be made available in the interest of justice;
(3) a court of criminal or civil jurisdiction with a legal matter pending before it, either:
(A) arising out of an investigation of abuse, neglect, or financial exploitation of an APS client; or
(B) concerning an APS client;
(4) persons or agencies when DFPS determines it is necessary to:
(A) access services for an APS client;
(B) provide services to an APS client;
(C) properly meet the needs of an APS client; or
(D) protect an APS client; or
(5) as otherwise provided by law.

40 Tex. Admin. Code § 705.1909

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