1. (a) A report of subjected abuse, neglect, or exploitation and the files, reports, records, communications, audio recordings, videos, and working papers used or developed in an investigation or in providing services as a result of an investigation are confidential and may be disclosed only for purposes consistent with Chapter 261, Family Code, applicable federal or state law, and in accordance with this chapter.

2. (b) The identity of the person making the report of alleged abuse, neglect, or exploitation is confidential and may be disclosed only:

   1. (1) if waived in writing by the person making the report;
   2. (2) to a law enforcement officer for the purposes of conducting a criminal investigation of the report; or
   3. (3) in accordance with Section 261.201, Family Code.
3. (c) The identity of all juveniles in the investigation report is confidential and will not be released except as authorized by law.

4. (d) A copy of the investigation report, appropriately redacted in accordance with law and Section 349.430 of this chapter, may be provided to the following upon request:

   1. (1) juvenile board, chief administrative officer, and facility administrator;
   2. (2) the subject in the report;
   3. (3) the juvenile victim and/or the juvenile's parents;
   4. (4) law enforcement officials for the purpose of investigating allegations of abuse, neglect, or exploitation or criminal activity;
   5. (5) a physician who suspects a juvenile may be the victim of abuse, neglect, or exploitation and requires this information for diagnosis, prognosis, or treatment of the juvenile;
   6. (6) a government official when specifically required by law;
   7. (7) a grand jury;
   8. (8) an attorney, attorney ad litem, guardian ad litem, or court-appointed special advocate of a victim;
   9. (9) a court in a criminal or civil case arising in connection with an investigation of abuse, neglect, or exploitation;
   10. (10) SOAH in a case seeking to impose discipline on a certification or make an individual ineligible for certification;
   11. (11) the attorney general of the state, or a county or district attorney, when such attorney represents the state in a proceeding in connection with an investigation;
   12. (12) a member of the state legislature when necessary to carry out that member's official duties;
   13. (13) pursuant to a Memorandum of Understanding adopted under Section 810.009, Health and Safety Code; and
   14. (14) any other person or entity, including other licensing agencies, other government agencies, and law enforcement and prosecutors, when, in the discretion of TJJD, such information is necessary to aid in the protection of juveniles.
5. (e) An individual not otherwise entitled to have access to records under this section, but who participated in, cooperated with, or otherwise contributed to an investigation, may have access only to that portion of the investigation records obtained directly from or pertaining directly to that individual.

6. (f) TJJD shall withhold the release of any investigation records obtained from another source if the release of those records to the requestor is specifically prohibited under state or federal law. Information that may be withheld under this section includes:

   1. (1) all medical records subject to the Medical Practices Act, Chapter 159, Occupations Code, unless release to the requestor is authorized under that Act;
   2. (2) HIV information unless release to the requestor is authorized under Chapter 81, Health and Safety Code;
   3. (3) offense reports, criminal history information, and/or arrest records obtained from a law enforcement entity, unless their release to the requestor is specifically authorized under state or federal law; and
   4. (4) adult or juvenile probation records, as well as records related to the taking into custody of a juvenile, unless release to the requestor is specifically authorized under state or federal law.
7. (g) Notwithstanding any other provision in this chapter, TJJD may withhold any information in the investigation records if TJJD determines the release of that information would endanger the life or safety of any individual, including the juvenile, the reporter, and any other person who participates in the investigation. TJJD will keep a record of any information so withheld and will document the specific factual basis for its belief that the release of the information would be likely to endanger the life or safety of an individual.
8. (h) Information withheld from a requestor under this subsection, as well as the documented basis for withholding information under subsection (g) of this section, may be released only upon a court order.

Source Note:The provisions of this §349.420 adopted to be effective September 1, 2025, 50 TexReg 2616.