Tex. Fam. Code Section 261.201
Confidentiality and Disclosure of Information


(a)

Except as provided by Section 261.203 (Information Relating to Child Fatality), the following information is confidential, is not subject to public release under Chapter 552 (Public Information), Government Code, and may be disclosed only for purposes consistent with this code and applicable federal or state law or under rules adopted by an investigating agency:

(1)

a report of alleged or suspected abuse or neglect made under this chapter and the identity of the person making the report; and

(2)

except as otherwise provided in this section, the files, reports, records, communications, audiotapes, videotapes, and working papers used or developed in an investigation under this chapter or in providing services as a result of an investigation.

(b)

A court may order the disclosure of information that is confidential under this section if:

(1)

a motion has been filed with the court requesting the release of the information;

(2)

a notice of hearing has been served on the investigating agency and all other interested parties; and

(3)

after hearing and an in camera review of the requested information, the court determines that the disclosure of the requested information is:

(A)

essential to the administration of justice; and

(B)

not likely to endanger the life or safety of:
(i)
a child who is the subject of the report of alleged or suspected abuse or neglect;
(ii)
a person who makes a report of alleged or suspected abuse or neglect; or
(iii)
any other person who participates in an investigation of reported abuse or neglect or who provides care for the child.

(b-1)

On a motion of one of the parties in a contested case before an administrative law judge relating to the license or certification of a professional, as defined by Section 261.101 (Persons Required to Report; Time to Report)(b), or an educator, as defined by Section 5.001 (Definitions), Education Code, the administrative law judge may order the disclosure of information that is confidential under this section that relates to the matter before the administrative law judge after a hearing for which notice is provided as required by Subsection (b)(2) and making the review and determination required by Subsection (b)(3). Before the department may release information under this subsection, the department must edit the information to protect the confidentiality of the identity of any person who makes a report of abuse or neglect.

(c)

In addition to Subsection (b), a court, on its own motion, may order disclosure of information that is confidential under this section if:

(1)

the order is rendered at a hearing for which all parties have been given notice;

(2)

the court finds that disclosure of the information is:

(A)

essential to the administration of justice; and

(B)

not likely to endanger the life or safety of:
(i)
a child who is the subject of the report of alleged or suspected abuse or neglect;
(ii)
a person who makes a report of alleged or suspected abuse or neglect; or
(iii)
any other person who participates in an investigation of reported abuse or neglect or who provides care for the child; and

(3)

the order is reduced to writing or made on the record in open court.

(d)

The adoptive parents of a child who was the subject of an investigation and an adult who was the subject of an investigation as a child are entitled to examine and make copies of any report, record, working paper, or other information in the possession, custody, or control of the state that pertains to the history of the child. The department may edit the documents to protect the identity of the biological parents and any other person whose identity is confidential, unless this information is already known to the adoptive parents or is readily available through other sources, including the court records of a suit to terminate the parent-child relationship under Chapter 161 (Termination of the Parent-child Relationship).

(e)

Before placing a child who was the subject of an investigation, the department shall notify the prospective adoptive parents of their right to examine any report, record, working paper, or other information in the possession, custody, or control of the department that pertains to the history of the child.

(f)

The department shall provide prospective adoptive parents an opportunity to examine information under this section as early as practicable before placing a child.

(f-1)

The department shall provide to a relative or other individual with whom a child is placed any information the department considers necessary to ensure that the relative or other individual is prepared to meet the needs of the child. The information required by this subsection may include information related to any abuse or neglect suffered by the child.

(g)

Notwithstanding Subsection (b), the department, on request and subject to department rule, shall provide to the parent, managing conservator, or other legal representative of a child who is the subject of reported abuse or neglect information concerning the reported abuse or neglect that would otherwise be confidential under this section if the department has edited the information to protect the confidentiality of the identity of the person who made the report and any other person whose life or safety may be endangered by the disclosure.

(h)

This section does not apply to an investigation of child abuse or neglect in a home or facility regulated under Chapter 42 (Regulation of Certain Facilities, Homes, and Agencies that Provide Child-care Services), Human Resources Code.

(i)

Notwithstanding Subsection (a), the Texas Juvenile Justice Department shall release a report of alleged or suspected abuse or neglect made under this chapter if:

(1)

the report relates to a report of abuse or neglect involving a child committed to the Texas Juvenile Justice Department during the period that the child is committed to that department; and

(2)

the Texas Juvenile Justice Department is not prohibited by Chapter 552 (Public Information), Government Code, or other law from disclosing the report.

(j)

The Texas Juvenile Justice Department shall edit any report disclosed under Subsection (i) to protect the identity of:

(1)

a child who is the subject of the report of alleged or suspected abuse or neglect;

(2)

the person who made the report; and

(3)

any other person whose life or safety may be endangered by the disclosure.

(k)

Notwithstanding Subsection (a), an investigating agency, other than the department or the Texas Juvenile Justice Department, on request, shall provide to the parent, managing conservator, or other legal representative of a child who is the subject of reported abuse or neglect, or to the child if the child is at least 18 years of age, information concerning the reported abuse or neglect that would otherwise be confidential under this section. The investigating agency shall withhold information under this subsection if the parent, managing conservator, or other legal representative of the child requesting the information is alleged to have committed the abuse or neglect.

(l)

Before a child or a parent, managing conservator, or other legal representative of a child may inspect or copy a record or file concerning the child under Subsection (k), the custodian of the record or file must redact:

(1)

any personally identifiable information about a victim or witness under 18 years of age unless that victim or witness is:

(A)

the child who is the subject of the report; or

(B)

another child of the parent, managing conservator, or other legal representative requesting the information;

(2)

any information that is excepted from required disclosure under Chapter 552 (Public Information), Government Code, or other law; and

(3)

the identity of the person who made the report.

(m)

An employee of the department may only have access to the identity of the person making a report of alleged or suspected abuse or neglect under this chapter if:

(1)

the employee is directly involved with an investigation, case, or other process involving the child who is the subject of the report or the child’s parent or other person having legal custody of the child;

(2)

the employee supervises, directly or indirectly, an employee described by Subdivision (1); or

(3)

the employee has any other legitimate professional interest in an investigation, case, or other process involving the child who is the subject of the report or the child’s parent or other person having legal custody of the child that necessitates access to the identity of the person who made the report.

(n)

The department shall adopt rules to implement Subsection (m).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 93, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 575, Sec. 12, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 69, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1150, Sec. 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 22, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 68, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.15, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 12, eff. June 8, 2007.
Acts 2009, 81st Leg., R.S., Ch. 713 (H.B. 2876), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 779 (S.B. 1050), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 13, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.128, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 82, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 381 (H.B. 63), Sec. 2, eff. September 1, 2023.

Source: Section 261.201 — Confidentiality and Disclosure of Information, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­261.­htm#261.­201 (accessed Mar. 23, 2024).

261.001
Definitions
261.002
Central Registry
261.003
Application to Students in School for Deaf or School for Blind and Visually Impaired
261.004
Tracking of Recurrence of Child Abuse or Neglect Reports
261.005
Reference to Executive Commissioner or Commission
261.101
Persons Required to Report
261.102
Matters to Be Reported
261.103
Report Made to Appropriate Agency
261.104
Contents of Report
261.105
Referral of Report by Department or Law Enforcement
261.106
Immunities
261.107
False Report
261.108
Frivolous Claims Against Person Reporting
261.109
Failure to Report
261.110
Employer Retaliation Prohibited
261.111
Refusal of Psychiatric or Psychological Treatment of Child
261.201
Confidentiality and Disclosure of Information
261.202
Privileged Communication
261.203
Information Relating to Child Fatality
261.204
Annual Child Fatality Report
261.301
Investigation of Report
261.302
Conduct of Investigation
261.303
Interference with Investigation
261.304
Investigation of Anonymous Report
261.305
Access to Mental Health Records
261.306
Removal of Child from State
261.307
Information Relating to Investigation Procedure and Child Placement Resources
261.308
Submission of Investigation Report
261.309
Review of Department Investigations
261.310
Investigation Standards
261.311
Notice of Report
261.312
Review Teams
261.314
Testing
261.315
Removal of Certain Investigation Information from Records
261.316
Exemption from Fees for Medical Records
261.401
Agency Investigation
261.402
Investigative Reports
261.403
Complaints
261.404
Investigations Regarding Certain Children Receiving Services from Certain Providers
261.405
Investigations in Juvenile Justice Programs and Facilities
261.406
Investigations in Schools
261.407
Minimum Standards
261.408
Information Collection
261.409
Investigations in Facilities Under Texas Juvenile Justice Department Jurisdiction
261.410
Report of Abuse by Other Children
261.501
Filing Application for Protective Order in Certain Cases of Abuse or Neglect
261.502
Certification of Findings
261.503
Temporary Ex Parte Order
261.504
Required Findings
261.505
Application of Other Law
261.1055
Notification of District Attorneys
261.3011
Joint Investigation Guidelines and Training
261.3013
Case Closure Agreements Prohibited
261.3015
Alternative Response System
261.3016
Training of Personnel Receiving Reports of Abuse and Neglect
261.3017
Consultation with Physician Networks and Systems Regarding Certain Medical Conditions
261.3018
Abbreviated Investigation and Administrative Closure of Certain Cases
261.3021
Casework Documentation and Management
261.3022
Child Safety Check Alert List
261.3023
Law Enforcement Response to Child Safety Check Alert
261.3024
Removal from Child Safety Check Alert List
261.3027
Notice of Right to Record Interview
261.3031
Failure to Cooperate with Investigation
261.3032
Interference with Investigation
261.3071
Informational Manuals
261.3081
Notice Regarding Changes Made by Department to Investigation Report
261.3091
Notice of Right to Request Administrative Review
261.3105
Training Program for Persons Investigating Suspected Child Abuse or Neglect
261.3125
Child Safety Specialists
261.3126
Colocation of Investigators
261.30175
Mitigation of Provider Conflicts in Abuse or Neglect Investigation Consultations

Accessed:
Mar. 23, 2024

§ 261.201’s source at texas​.gov