DFPS must make case records available after any required redactions to the following persons:

1. (1) local, state, or federal law enforcement officials for the purpose of investigating crimes related to:

   1. (A) allegations of abuse, neglect, or financial exploitation of an APS client;
   2. (B) allegations of false or malicious reporting of alleged abuse, neglect, or financial exploitation of an APS client; or
   3. (C) failure to report alleged abuse, neglect, or financial exploitation of an APS client;

2. (2) local, state, or federal government officials or agencies when:

   1. (A) specifically required by law; or
   2. (B) DFPS determines case records should be made available in the interest of justice;

3. (3) a court of criminal or civil jurisdiction with a legal matter pending before it, either:

   1. (A) arising out of an investigation of abuse, neglect, or financial exploitation of an APS client; or
   2. (B) concerning an APS client;

4. (4) persons or agencies when DFPS determines it is necessary to:

   1. (A) access services for an APS client;
   2. (B) provide services to an APS client;
   3. (C) properly meet the needs of an APS client; or
   4. (D) protect an APS client; or
5. (5) as otherwise provided by law.

Source Note:The provisions of this §705.1909 adopted to be effective February 1, 2021, 46 TexReg 317.