(a) When a child has acquired immune deficiency syndrome (AIDS) or has tested positive for human-immunodeficiency-virus (HIV) antibodies, the child's foster parents or 24-hour child-care provider must keep the child's HIV status confidential. The child's caretaker or medical consenter is permitted to release information about the child's HIV status only to:
- (1) medical personnel; and
- (2) individuals, and duly constituted, legally responsible corporate entities (such as schools and day care centers) that the Texas Department of Family and Protective Services (DFPS) has authorized to receive the information as specified in subsection (b) of this section.
(b) Before releasing confidential information about a child's HIV status to an individual or corporate entity, DFPS must:
- (1) confirm that the release is necessary to secure appropriate care and protection for the child and to protect others in the child's environment from HIV infection;
- (2) list the individual or corporate entity that is to receive the information on the department's form entitled "Authorization to Release Confidential Information About a Child's HIV Status";
(3) ensure that the form specified in paragraph (2) of this subsection clearly indicates that:
- (A) every party signing it must keep the child's HIV status confidential; and
- (B) any party that discloses information about the child's HIV status to anyone who is not authorized to receive the information is subject to civil and criminal penalties under the law; and
(4) require each of the following parties to sign the form specified in paragraph (2) of this subsection:
- (A) the child's caregiver;
- (B) each individual who is to receive the information;
- (C) an authorized representative of each corporate entity that is to receive the information;
- (D) the child's caseworker; and
- (E) the caseworker's supervisor.
Source Note:The provisions of this §700.1404 adopted to be effective May 1, 1994, 19 TexReg 2125; amended to be effective March 1, 2008, 33 TexReg 1357.