(a) If a child in DFPS conservatorship has tested positive for HIV infection, DFPS may notify the following parties of the child's condition:
  (1) a physician, nurse, or other professional who has a legitimate need to know the information in order to provide for the child's health and welfare;
  (2) a court having jurisdiction of a proceeding involving the child or a proceeding involving a person suspected of abusing the child, if requested;
  (3) pursuant to law or court order, any person with a legal right to obtain the information; and
  (4) the child.
(b) If a child in DFPS conservatorship has tested negative for HIV infection, the parties listed in subsection (a) of this section and §700.1403 of this title (relating to Who must DFPS notify regarding a child's HIV infection?) may be notified if the party requests the information or if DFPS determines the information is needed to provide for the child's health or welfare.

Source Note: The provisions of this §700.1404 adopted to be effective March 1, 2015, 40 TexReg 833