(a) Pursuant to the federal Child Abuse Prevention and Treatment Act and Texas Human Resources Code (HRC) §42.004, a photograph, videotape, audiotape, or other audio or visual recording, depiction, or documentation of a child that is made in the course of an abuse, neglect, or exploitation investigation is confidential and may only be released as required by state and federal law or as specified in subsections (b) and (c) of this section.
(b) We may provide a copy of a photograph or an audio or visual recording, depiction, or documentation of a child in our records to any of the following:
  (1) Texas Department of Family and Protective Services staff, including volunteers, as necessary to perform their assigned duties;
  (2) Child Care Licensing (CCL) in order to carry out its regulatory functions under HRC, Chapter 42;
  (3) Law enforcement for the purpose of investigating allegations of child abuse, neglect, or exploitation; failure to report child abuse, neglect, or exploitation; or false or malicious reporting of alleged child abuse, neglect, or exploitation;
  (4) An administrative law judge or a judge of a court of competent jurisdiction in a criminal or civil case to which the inspection or investigation is relevant;
  (5) The parent of the child; and
  (6) Any other person authorized by state or federal law to have a copy.
(c) The following persons may review a photograph or an audio or visual recording, depiction, or documentation of a child in our records, but may not have a copy:
  (1) An attorney ad litem, guardian ad litem, or court appointed special advocate of an alleged victim of child abuse, neglect, or exploitation;
  (2) The operation cited for a deficiency by CCL as a result of the investigation during which the photograph was taken or the audio or visual recording, depiction, or documentation was made;
  (3) The single-source continuum contractor (SSCC) for community-based care when:
    (A) The SSCC subcontracts with the child care operation where the investigation occurred;
    (B) The operation has signed a release of information; and
    (C) CCL cited the operation for a deficiency as a result of the investigation during which the photograph was taken or the audio or visual recording, depiction, or documentation was made;
  (4) The alleged or designated perpetrator of an abuse, neglect or exploitation investigation during which the photograph was taken or the audio or visual recording, depiction, or documentation was made to support or verify the abuse, neglect, or exploitation finding;
  (5) A prospective adoptive parent of the child, as provided in Texas Family Code §162.0062.

Source Note: The provisions of this §707.769 adopted to be effective July 15, 2020, 45 TexReg 4780