(a) Notwithstanding any other provision in this subchapter, DFPS must not disclose any record or information which, if released to the requester, would:
  (1) interfere with an ongoing criminal investigation or prosecution; or
  (2) in the judgment of DFPS, the release of that information would endanger the life or safety of any person. DFPS will keep a record of any information not released and must document why the information would be likely to endanger the life or safety of a person. Information withheld from a requester under this subsection, as well as the reason for withholding information under this subsection, must be released only upon a court order pursuant to the provisions in Texas Human Resources Code, §48.101(c).
(b) Notwithstanding any other provision in this subchapter, if any party has sued DFPS and DFPS determines that the release of the requested records might interfere with its defense of that litigation, DFPS may require that a requester seek access to records under the appropriate rules of civil procedure rather than this subchapter.

Source Note: The provisions of this §705.1913 adopted to be effective February 1, 2021, 46 TexReg 317