Part 3. TEXAS YOUTH COMMISSION
Chapter 93. YOUTH RIGHTS AND REMEDIES
The Texas Youth Commission (TYC) adopts on an emergency basis an amendment to §93.33, relating to the investigation of allegations or suspicions of abuse, neglect, or exploitation in programs and facilities under TYC jurisdiction.
The amended rule provides that a report of alleged or suspected abuse, neglect, or exploitation, and any other information related to the investigation of such an allegation or suspicion, must generally be released to a member of the public upon request. The amended rule also provides that the report and information must be redacted to protect the identity of a child who is the subject of the report, the person who made the report, and any other person, whose life or safety may be endangered by the disclosure. The amended rule does allow for the release of information that would otherwise be confidential under Texas Family Code §261.201. Under §261.201, information made confidential by that section may be disclosed for purposes consistent with rules adopted by TYC as the investigating agency. However, the amended rule cannot allow for the release of information made confidential by a law other than Texas Family Code §261.201.
This amendment is adopted on an emergency basis to immediately allow for public access to information related to an investigation of alleged or suspected mistreatment of youth.
The amendment is adopted on an emergency basis under the Human Resources Code, §61.034, which provides the Texas Youth Commission authority to make rules appropriate to the proper accomplishment of its functions.
The adopted rule affects the Family Code §261.201.
§93.33.Alleged Abuse, Neglect, and Exploitation.
(a) - (k) (No change.)
(l) Standards for Compiling Investigation Information and Confidentiality of Reports.
(1) - (2) (No change.)
(3) A report and other related investigation information shall be released, upon written request, to any member of the public unless the report or information is made confidential by a law other than Texas Family Code §261.201. The report and information must be redacted to protect the identity of:
(A) the child, as defined under Texas Family Code §101.003(a), who is the subject of the report;
(B) the person making the report; and
(C) any other person whose life or safety may be endangered by the disclosure.
[(3) The identity of the person
making an allegation, and the files, reports, records, tapes, communications,
and working papers used or developed in an investigation, or in providing
services as a result of the investigation, are confidential and not open for
public inspection under the provisions of §261.201 of the Family Code,
Chapter 552 of the Government Code, and §61.073 of the Human Resources
Code.]
(4) - (7) (No change.)
This agency hereby certifies that the emergency adoption has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 9, 2007.
TRD-200701796
Steve Foster
General Counsel
Texas Youth Commission
Effective Date: May 9, 2007
Expiration Date: September 5, 2007
For further information, please call: (512) 424-6014