8200, Protecting Confidential Information
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 24-1; Effective Feb. 20, 2024
A judge may order the release of confidential material in a court hearing or by court order according to Title 26 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 it is necessary to share information that is not subject to disclosure with a permit holder, 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 regarding 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. References: 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:
| 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:
| 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:
In addition, a foster home screening, adoptive home screening, and post-placement adoptive report may be released to the subject of the screening or report, or any person needing 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 that 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. | 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. Any information in a CCR record that may interfere with an ongoing law enforcement investigation or prosecution may only be released as provided in 8220 Who Can Receive Confidential Information and 26 TAC Section 745.8489 |
| Information about to 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. In addition, the location of the shelter or center 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. References: 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:
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.