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 23-4; Effective Nov. 30, 2023
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 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)||Citation for Confidentiality||Exceptions|
|The name of the reporter and the reporter’s identifying information. This also 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, September 9, 1977, and 26 TAC Section 745.8483(2). Also see 6260 Confidentiality of the Reporter’s Identity.||This information may be released to the persons noted at 26 TAC Section 745.8489(a). Also see 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. Also see 26 TAC Section 745.8483(3).||Authorized persons or entities may receive criminal history information in certain situations. See Government Code Sections 411.084(a)(2) and 411.114(a)(6) and (7). Also see 26 TAC Section 745.633(b).|
Information received from another agency, division, or person if that information is confidential under law.
|The information is confidential according to statutes under a variety of codes and may not be released. Also see 26 TAC Section 745.8483(3).||This information may be released to the persons noted at 26 TAC Section 745.8489(a). Also see 8220 Who Can Receive Confidential Information.|
CCR may also release information related to a DFPS investigation in certain situations, see 26 TAC Sections 745.633(b) and 745.8493(c). See: 10240 Acting on Abuse or Neglect Findings in DFPS Central Registry
The following information is considered confidential for an applicant, a previous or current permit holder, and a previously or currently licensed administrator:
|Govt. 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.||Govt. Code Section 552.11765 (b)(1)||None|
Certain private information may be constitutionally protected or under state or federal law, including a persons’ Social Security number, a foster home screening, adoptive home screening, post-placement adoptive report and information pertaining to pending court cases to which the state is a party.
Note: 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. Also see 26 TAC Section 745.8483(4).|
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 determined to need the information to protect the health or safety of a child, see 26 TAC Section 745.8487(3)
|Open investigations, including interviews with operation staff, foster parents and other caregivers, children or any other person; and 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, see 26 TAC Section 745.8487(1). Also, during an open investigation, a person is not prohibited from recording their interview with CCR staff, see 26 TAC Section 745.8485(a)(2).
|Information that may interfere with an ongoing law enforcement investigation or prosecution.||This information is confidential according to 26 TAC Section 745.8483(5)|
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. 26 TAC Section 745.8489
|Information pertaining to a person who received services at a family violence shelter or victims of trafficking center.||The information is confidential according to Government Code Section 552.138 and 26 TAC Section 745.8483(7).||This information may be released to the persons noted at 26 TAC Section 745.8489(a). Also see 8220 Who Can Receive Confidential Information.|
|The location of a family violence shelter or a victims of trafficking shelter center.||The location is confidential according to Government Code Section 552.138 and 26 TAC Section 745.8483(6).|
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 will provide 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. 26 TAC Section 745.8487(4)
|Any photograph, audio or visual recording, or documentation of a child.||This This information is confidential according to 26 TAC Section 745.8483(8).|
The following persons may not have a copy but may review a photograph, audio or visual recording, or documentation of a child:
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.
8221 How to Determine if a Person is a Prospective Adoptive Parent
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
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.