(a) Upon completion of a child fatality investigation by Child Care Licensing in which one or more allegations of abuse or neglect are confirmed against an individual who works under the auspices of an agency foster home or agency foster group home, the department may release a summary report containing the following information:
  (1) the name of the child-placing agency that most recently verified the home and the date of verification;
  (2) if previously verified by the same or another child-placing agency:
    (A) the name of each prior child-placing agency that verified the home;
    (B) the dates on which any prior verification began and ended; and
    (C) the reason for any prior closure of the home if the information is documented in the department's records;
  (3) for each allegation of abuse or neglect investigated against an individual in the same home in the five-year period ending with the child fatality:
    (A) the date on which the investigation was initiated;
    (B) the type of alleged abuse or neglect;
    (C) the disposition of the investigation;
    (D) whether an appeal of the disposition is pending; and
    (E) whether the deceased child was an alleged victim of any of the prior allegations of abuse or neglect;
  (4) any violations of minimum standards at the same home in the five-year period ending with the child fatality;
  (5) a description of the types of training required to be completed by the foster parent, employees, or other persons providing care or supervision of a child in the same home and a summary explanation of any training standards violated in the five-year period ending with the child fatality to the extent documented in the department's records; and
  (6) a summary of any remedial actions taken by Child Care Licensing against the home or the child-placing agency that verified the home in the five-year period ending with the child fatality.
(b) Upon completion of a child fatality investigation by Child Care Licensing in which one or more allegations of abuse or neglect are confirmed against an individual who works under the auspices of an independent foster home, independent foster group home, or general residential operation, the department may release a summary report containing the following information:
  (1) the date on which the home or operation was licensed;
  (2) for each allegation of abuse or neglect investigated against an individual in the same home or operation in the five-year period ending with the child fatality:
    (A) the date on which the investigation was initiated;
    (B) the type of alleged abuse or neglect;
    (C) the disposition of the investigation;
    (D) whether an appeal of the disposition is pending; and
    (E) whether the deceased child was an alleged victim of any of the prior allegations of abuse or neglect;
  (3) any violations of minimum standards at the home or operation in the five-year period ending with the child fatality;
  (4) a description of the types of training required to be completed by a foster parent, employee, director or other person providing care or supervision of a child in the home or operation and a summary explanation of any training standards violated in the five-year period ending with the child fatality to the extent documented in the department's records; and
  (5) a summary of any remedial actions taken by Child Care Licensing against the home or operation in the five-year period ending with the child fatality.
(c) Notwithstanding any other provision in this subchapter, if a child was living with a licensed or verified child-care provider at the time of death, but the injuries that led to the child's death occurred prior to placement with that provider and Child Protective Services confirmed a finding of abuse or neglect in connection with the child fatality, the department may provide information under §702.309 of this title (relating to What types of information may the department release following completion of an abuse or neglect investigation conducted by Child Protective Services that involves a child fatality?).

Source Note: The provisions of this §702.311 adopted to be effective March 25, 2010, 35 TexReg 2315