Section 349.520 - Access to Confidential Information(a) To the extent required by state or federal law, or to the extent deemed necessary by the Commission for the protection and care of juveniles, the Commission may release, as requested, the Commission's Notice of Disposition and/or investigation records made confidential under Texas Family Code § 261.201(a) to the following listed persons or entities: (1) the juvenile board and chief administrative officer that placed the alleged victim, unless the requesting board member, chief administrative officer or facility administrator is the alleged, designated or sustained perpetrator, or administrative designee;(2) the juvenile board, the chief administrative officer and the facility administrator of the county in which the department, program or facility is located, unless the requesting board member, chief administrative officer or facility administrator is the alleged, designated or sustained perpetrator or administrative designee;(3) law enforcement officials for the purpose of investigating allegations of abuse, neglect and exploitation or for the purpose of investigating allegations of false or malicious reporting of alleged abuse, neglect and exploitation;(4) a physician who suspects a juvenile may be the victim of abuse, neglect or exploitation and requires this information for diagnosis, prognosis or treatment of the juvenile;(5) a government official when specifically required by law;(7) an attorney, attorney ad litem, guardian ad litem or court appointed special advocate of an alleged victim;(8) a court in a criminal or civil case arising in connection with an investigation of abuse, neglect and exploitation;(9) the attorney general of the state, or a county or district attorney, when such attorney represents the state in a proceeding in connection with an investigation;(10) a member of the state legislature when necessary to carry out that member's official duties; and(11) any other person or entity, including other licensing agencies, law enforcement and prosecutors, when, in the discretion of the Commission, such information is necessary to aid in the protection of juveniles.(b) Upon written request, the Commission shall provide access to investigation records to the parent or other legal guardian of the alleged/designated victim provided that the records are redacted in accordance with § 349.530 of this chapter.(c) The Commission may release investigation records, or information contained therein, to a person, including a minor, who is the subject of those records if the Commission deems the release to be in the best interest of the person.(d) Upon written request, the Commission shall provide access to investigation records to an alleged, designated or sustained perpetrator or administrative designee in accordance with § 349.540 of this chapter.(e) An individual not otherwise entitled to have access to records under this section, but who participated in, cooperated with or otherwise contributed to an investigation may have access only to that portion of the investigation records obtained directly from or pertaining directly to that individual.(f) The Commission shall withhold the release of any investigation records obtained from another source, if the release of those records to the requestor is specifically prohibited under state or federal law. Information which may be withheld under this section includes, but is not limited to, the following: (1) all medical records subject to the Medical Practices Act, Chapter 159 of the Texas Occupations Code, unless release to the requestor is authorized under that Act;(2) HIV information unless release to the requestor is authorized under Chapter 81 of the Texas Health and Safety Code;(3) offense reports, criminal history information and/or arrest records obtained from a law enforcement entity, unless their release to the requestor is specifically authorized under state or federal law;(4) adult or juvenile probation records, as well as juvenile arrest records, unless release to the requestor is specifically authorized under state or federal law; and(5) polygraph exam reports, unless their release to the requestor is specifically authorized under the Polygraph Examiners Act, Chapter 1703 of the Texas Occupations Code.(g) Notwithstanding any other provision in this chapter, the Commission may withhold any information in the investigation records if, in the discretion of the Commission, the release of that information would endanger the life or safety of any individual. The Commission shall keep a record of any information so withheld and shall document the specific factual basis for its belief that the release of the information would be likely to endanger the life or safety of an individual.(h) Information withheld from a requestor under this subsection, as well as the documented basis for withholding information under subsection (g) of this section, may be released only upon a court order.37 Tex. Admin. Code § 349.520
The provisions of this §349.520 adopted to be effective May 1, 2010, 35 TexReg 3289