8000, Responding to Requests for Child Care Regulation Information

August 2020

Child Care Regulation (CCR) records are considered open records, with certain exceptions.

Upon written request, information that is not considered confidential must be released to the public.

Texas Government Code, Title 5, Ch. 552, Public Information Act

CCR staff provide information about child care and regulation upon request. Making the community aware of the minimum level of care required by CCR increases the safety of the children in the community:

Staff may receive inquiries from:

persons subject to regulation (see 2000 Handling Inquiries About the Licensing Process and Exemptions);
parents;
HHSC staff;
staff from other state and federal agencies;
the media;
attorneys;
advocacy organizations;
legislators; and
the public.

The method CCR staff uses to release information depends on:

the source of the request;
type of information requested;
amount of information requested; and
resources HHSC has available.

8110 Referring Requestors to the CCR Public Website

August 2020

Procedure

CCR staff refer a requestor to the Child Care Regulation (CCR) public website when the requestor requests publicly available information, such as:

proposed changes to HHSC rules;
minimum standards and guidelines for child day care;
minimum standards and guidelines for residential child care;
addresses and phone numbers of local CCR offices;
the Child Care Licensing Policy and Procedures Handbook;
forms the provider may download and print; and
data and statistics about CCR.

8120 Providing Information About Child Care Operations

August 2020

Procedure

CCR staff refer the requestor to the CCR public website if the requestor requests a list of operations or requests information about a specific operation, including information about:

the status of an operation’s license or registration;
the type of operation;
the name of the permit holder;
an operation’s address and phone number;
an operation’s capacity, the ages it serves, and its hours, days, and months of operation; and
details about an operation’s violations of minimum standards that have been upheld.

For any other information about an operation, staff instruct the requestor to submit a request for open records by emailing the HHSC Open Records mailbox.

8130 Processing an Open Records Request

Revision 23-3; Effective Sept. 22, 2023

Procedure

When designated CCR state office staff receive an open records request from the HHSC Open Records Office, staff take the following steps:

ensure that the request was sent to the appropriate program;
determine if a time cost estimate is needed; if so, then make sure it is complete and accepted by the requestor, if appropriate;
collect documentation from operation hard copy records, CLASS, the CCR Digital Storage SharePoint Site, the Neubus system, and CLASS Document Library;
request any needed documentation from the field;
log the information provided on the:
- Regulatory Services Division (RSD) Records Tracking Log located on the RSD share drive (for RCCR operations); or
- CCR Records Tracking Log located on the CCR share drive (for DCCR operations);
provide information to the HHSC Open Records Office; and
provide notation of possible concerns, including legal concerns and pending due process, to HHSC Open Records for consideration for release.

8131 Charging for Materials

August 2020

HHSC may charge a fee when:

providing printed copies of HHSC materials; or
the request requires staff time and effort to program or decode electronic data.

If HHSC will charge a fee, CCR provides the requestor with a cost estimate prior to processing the request. The requestor may modify the requestor’s initial request based on the cost estimate.

August 2020

If CCR staff receive a request for information that is not publicly available on the CCR website, including requests for confidential information, staff:

instruct the requestor to submit a request for open records by emailing the HHSC Open Records mailbox; and
explain that the information must be screened and the confidential material must be removed before the information can be released.

8210 Confidential Information Not for Release to the Public

Revision 24-4: Effective Nov. 13, 2024

A judge may order the release of confidential material in a court hearing or by court order per 26 TAC Section 745.8489(c). If the request for records is the result of a subpoena, the CCR staff handling the subpoena discusses the release of information with the HHSC Legal Department.

If someone requests information that is not subject to public release, CCR staff consult with the supervisor and the HHSC Legal Department.

The table below identifies the information that must not be released to the public, provides the rationale for not releasing the information, and lists any applicable exceptions to the restrictions.

Confidential	Citation for Confidentiality	Exceptions
The name of the reporter and the reporter’s identifying information. This includes the name and identifying information for a person contacted during an investigation who makes a new allegation that is unrelated to the report being investigated.	The Attorney General’s Open Records Decision No. 176, Sept. 9, 1977, and 26 TAC Section 745.8483(2). Reference 6260 Confidentiality of the Reporter’s Identity.	This information may be released to the people noted at 26 TAC Section 745.8489(a). Reference 8220 Who Can Receive Confidential Information.
Information obtained through criminal history checks about conviction, indictment, criminal complaint or deferred adjudication.	Government Code Sections 411.084, 411.085, and 411.114. Reference 26 TAC Section 745.8483(3).	Authorized people or entities may receive criminal history information in certain situations. Reference Government Code Sections 411.084(a)(2) and 411.114(a)(6) and (7) and 26 TAC Section 745.633(b).
Information received from another agency, division or person if that information is confidential under law. Examples: information about a DFPS abuse or neglect investigation, including the name of the alleged or designated perpetrator; police investigation reports; and medical records, including records of psychological examinations.	The information is confidential per statutes under a variety of codes and may not be released. Reference 26 TAC Section 745.8483(3).	This information may be released to the people noted at 26 TAC Section 745.8489(a). Reference 8220 Who Can Receive Confidential Information. CCR may release information related to a DFPS investigation in certain situations per 26 TAC Section 745.8493(c).
The following information is considered confidential for an applicant, a previous or current permit holder, and a previously or currently licensed administrator: home address; home phone number; email address; Social Security number; date of birth; driver license number; state ID number; passport number; emergency contact information; or payment information.	Government Code Section 552.11765(b)	The home address where the regulated activity occurs and the email address or phone number associated with the regulated activity are not confidential.
The application for a permit or administrator’s license.	Government Code Section 552.11765(b)(1)	None
Certain private information may be constitutionally protected or under state or federal law. This includes a person’s Social Security number, a foster home screening, adoptive home screening, post-placement adoptive report and information about a pending court case where the state is a party. Note: When requests for this information are received, CCR staff must immediately ask an HHSC attorney to send a written request to the Office of the Attorney General for an opinion on the private nature of the information.	Government Code, Title 5, Chapter 552, Public Information Act prohibits the release of certain private information to unauthorized people or entities. Reference 26 TAC Section 745.8483(4).	This information may be released to the people noted at 26 TAC Section 745.8489(a). Reference 8220 Who Can Receive Confidential Information. Exceptions to the Public Information Act may also include the release of: private information to certain authorized people or entities; information related to litigation of a criminal or civil nature; and settlement negotiations where the state is a party. A foster home screening, adoptive home screening, and post-placement adoptive report also may be released to the subject of the screening or report, or any person who needs the information to protect the health or safety of a child. Reference 26 TAC Section 745.8487(3)
Open investigations, including interviews with operation staff, foster parents and other caregivers, children or any other person. Also, internal discussions by or among CCR staff.	26 TAC Sections 745.8483 and 745.8485.	Information in an open investigation may be released to an operation if CCR determines the operation needs the information to protect the health, safety and well-being of a child. Once an investigation is completed, the information is no longer confidential. Reference 26 TAC Section 745.8487(1). Also, during an open investigation, a person is not prohibited from recording their interview with CCR staff. Reference 26 TAC Section 745.8485(a)(2).
Information that may interfere with: an ongoing law enforcement investigation or prosecution; a DFPS child abuse, neglect or exploitation investigation; or an HHSC Long-term Care Regulation adult abuse, neglect or exploitation investigation.	This information is confidential per 26 TAC Section 745.8483(5).	This information may be released to the people noted at 26 TAC Section 745.8489(a). Reference 8220 Who Can Receive Confidential Information.
Information about a person who received services at a family violence shelter or victims of trafficking center.	The information is confidential per Government Code Section 552.138 and 26 TAC Section 745.8483(7).	This information may be released to the people noted at 26 TAC Section 745.8489(a). Reference 8220 Who Can Receive Confidential Information.
The location of a family violence shelter or a victims of trafficking shelter center.	The location is confidential per Government Code Section 552.138 and 26 TAC Section 745.8483(6).	This information may be released to the persons noted at 26 TAC Section 745.8489(a). Reference 8220 Who Can Receive Confidential Information. The location of the shelter or center also must be provided in a public hearing under Human Resources Code Section 42.0461 if the shelter or center is a general residential operation that provides services to children with emotional disorders. Such operations do not have to identify that the operation intends to provide services to victims of human trafficking per 26 TAC Section 745.8487(4)
Any photograph, audio or visual recording, or documentation of a child.	This information is confidential per 26 TAC Section 745.8483(8).	This information may be released to the people noted at 26 TAC Sections 745.8489(a) and 745.8491(a). Reference 8220 Who Can Receive Confidential Information. The parent of a child may also have a copy of a photograph, audio or visual recording, or documentation of a child. Reference 26 TAC Sections 745.8487(5) and 745.8491(a)(1). The following people may not have a copy but may review a photograph, audio or visual recording, or documentation of a child: attorney ad litem, guardian ad litem or court appointed special advocate; and the operation cited for a deficiency from the inspection or investigation when the photograph was taken or the audio or visual recording, or documentation was made. Reference 26 TAC Sections 745.8487(5) and 745.8491(a)(2).

8220 Who Can Receive Confidential Information

Revision 23-4; Effective Nov. 30, 2023

Confidential information may only be released to the following parties or in the following relevant situations:

to HHSC staff, including volunteers, as necessary to perform their assigned duties;
to DFPS staff, including volunteers, as necessary to perform their assigned duties;
to a single source continuum contractor (SSCC) that contracts with DFPS to provide community-based care according to Family Code, Subchapter B-1, Chapter 264, as necessary for the SSCC’s staff, including volunteers, to perform the SSCC’s duties under that subchapter;
to law enforcement for the purpose of investigating a crime that is related to the record;
to an administrative law judge or judge of a competent jurisdiction in a civil or criminal case arising out of a related inspection, investigation or enforcement action; and
to any other person authorized by state or federal law to have a copy.

CCR staff, in consultation with the Office of the General Counsel, may withhold any information in its records if the release of that information would endanger the life or safety of any individual.

26 TAC Sections 745.8489; 745.8493

8221 How to Determine if a Person is a Prospective Adoptive Parent

August 2020

Before releasing any confidential information listed in 8210 Confidential Information Not for Release to the Public to a prospective adoptive parent, CCR staff must first determine that the requestor is a prospective adoptive parent by verifying with the CPA:

that the person has been selected as the prospective adoptive parent for the child; or
that the person has shown interest in being the prospective adoptive parent of the child.

8230 How to Respond to Requests for Information from DFPS Investigations

August 2020

If CCR staff receive a request for information from an abuse, neglect, or exploitation investigation conducted by DFPS at a child care operation, staff may provide the requestor with Form 2869 Investigation Letter. Staff refer the requestor to DFPS Open Records for all other documentation related to the abuse, neglect or exploitation investigation.

If parents …	then CCR staff …
need permits or forms …	refer parents to the CCR public website for information about the permit and inspections; or advise parents to request from the permit holder or operator a copy of the operation inspection forms or follow-up letters.
have a child in DFPS conservatorship …	must share all information with DFPS staff.
need general information …	must follow the procedures in 8100 Information for General Release.
allege that a child care operation has violated the law or minimum standards …	must follow the procedures in 6200 Assessing and Processing Intake Reports.

Child Care Regulation Handbook