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

August 2020

A judge may order the release of confidential material in a court hearing or by court order. 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 appears necessary to share information with a permit holder that is not subject to disclosure, CCR staff consults 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 (Not for Release)RationaleExceptions
The name of the reporter and the reporter’s identifying information.The Attorney General’s Open Records Decision No. 176, September 9, 1977, states that the identity of a reporter alleging a possible violation of minimum standards at a child care operation may not be disclosed. 40 TAC §745.8493 also prohibits identifying a person who made a report that resulted in an investigation.Information identifying the person who made a report resulting in an investigation may only be released as provided in 8220 Confidential Information that May Be Released.
The name and identifying information about someone contacted during an investigation who makes a new allegation that is unrelated to the report being investigated. See 6260 Confidentiality of the Reporter’s Identity.This person is a reporter with respect to the new allegation, so Open Records Decision No. 177 is applicable, even if CCR investigates the new allegation as a part of the original investigation.Information identifying the person who made a report resulting in an investigation may only be released as provided in 8220 Confidential Information that May Be Released.
Information obtained through criminal history checks regarding conviction, indictment, criminal complaint, or deferred adjudication.Government Code §§411.084, 411.085, and 411.114 prohibit the release of criminal history checks to unauthorized persons or entities.Authorized persons or entities may receive criminal history information in certain situations. See Government Code §§411.084(a)(2) and 411.114(a)(6) and (7).

Information received from another agency, division, or person, if that information is confidential under law.

Examples:

  • DFPS files on abuse or neglect investigations, including the name of the alleged, designated, or sustained perpetrator in an abuse or neglect report;
  • police investigation reports; and
  • medical records, including records of psychological examinations.
The information is confidential according to statute and may not be released.

The findings related to child and adult protective services are released to a child care operation, when appropriate.

See:

10240 Acting on Abuse or Neglect Findings in DFPS Central Registry 
7723 Emergency Release

Certain private information may be constitutionally protected, including:

  • documentation for risk evaluations; and
  • information pertaining to pending court cases to which the state is a party.

When requests for this information are received, the 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 persons or entities.

Exceptions to the Public Information Act may include the release of:

  • private information to certain authorized persons or entities;
  • information related to litigation of a criminal or civil nature; and
  • settlement negotiations to which the state is a party.
Pending investigations.Government Code, Title 5, Chapter 552, Public Information Act prohibits the disclosure of information pertaining to an open investigation, but does require disclosure of investigations upon completion of the investigation.N/A
The Social Security number of anyone in an operation.Due to identity theft concerns, Social Security numbers are confidential.N/A
Information that may interfere with an ongoing law enforcement investigation or prosecution.40 TAC §745.8493 indicates CCR staff may not release portions of CCR records to anyone if the information may interfere with an ongoing law enforcement investigation or prosecution.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 Confidential Information that May Be Released. 40 TAC §745.8493(a)(1)
The location of a family violence shelter or information pertaining to a person who was provided family violence services.Information pertaining to the location of a family violence shelter or a person who was provided family violence services is confidential according to 40 TAC §745.8493.Information pertaining to the location of a family violence shelter or a person who was provided family violence services may only be released as provided in 8220 Confidential Information that May Be Released. 40 TAC §745.8493(a)(3) and (4).
The location of a “victims of trafficking shelter center” (as defined in Government Code §552.138) or information about a person who was provided services at a victims of trafficking shelter center.Information pertaining to the location of victims of trafficking shelter center or a person who was provided services at a victims of trafficking shelter center is confidential according to 40 TAC §745.8493.

Information pertaining to the location of a victims of trafficking shelter center or a person who was provided services at a victims of trafficking shelter center may only be released as provided in 8220 Confidential Information that May Be Released.

40 TAC §745.8493(a)(5) and (6).

Photographs or audio or visual recordings, depictions, or documentations of a child in CCR records.Photographs or audio or visual recordings, depictions, or documentations of a child in CCR records are confidential according to 40 TAC §745.8495.

We may provide a copy of a photograph or an audio or visual recording, depiction or documentation of a child in CCR records to the following parties in the relevant situation:

  1. DFPS staff, including volunteers, as necessary to perform their assigned duties;
  2. law enforcement for the purpose of investigating allegations of child abuse or neglect, failure to report child abuse or neglect, or false or malicious reporting of alleged child abuse or neglect;
  3. an administrative law judge or a judge of a court of competent jurisdiction in a criminal or civil case to which the inspection or investigation is relevant;
  4. the parent of the child; and
  5. any other person authorized by state or federal law to have a copy.

The following persons may review a photograph or an audio or visual recording, depiction or documentation of a child in CCR records, but may not have a copy:

  1. an attorney ad litem, guardian ad litem, or court appointed special advocate of the child;
  2. the operation or operation’s representative;
  3. a single-source continuum contractor (SSCC) for foster-care redesign that subcontracts with the operation, but only with a signed release from the operation; and
  4. a prospective adoptive parent of the child, as provided in Texas Family Code §162.006.

40 TAC §745.8495.

8220 Confidential Information that May Be Released

August 2020

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

  1. to DFPS staff, including volunteers, as necessary to perform their assigned duties;
  2. to law enforcement for the purpose of investigating allegations of child abuse or neglect or false or malicious reporting of alleged child abuse or neglect;
  3. to a member of the state legislature when necessary to carry out that member’s official duties; and
  4. to any other individuals ordered by an administrative law judge or judge of a court of competent jurisdiction.

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.

40 TAC §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.