Child Care Regulation Handbook

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.

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.

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)

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 may be released to the people noted at 26 TAC Section 745.8489(a).

Reference 8220 Who Can Receive Confidential Information.

This information may be released to the people noted at 26 TAC Section 745.8489(a).

Reference 8220 Who Can Receive Confidential Information.

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)

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).