Tex. Fam. Code § 261.201

TEXAS FAMILY CODE Chapter 261, Subchapter C — CONFIDENTIALITY AND PRIVILEGED COMMUNICATION CHAPTER 261 • INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT Subchapter C: CONFIDENTIALITY AND PRIVILEGED COMMUNICATION Sec. 261.201. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION. (a) Except as provided by Section 261.203, the following information is confidential, is not subject to public release under Chapter 552, Government Code, and may be disclosed only for purposes consistent with this code and applicable federal or state law or under rules adopted by an investigating agency: (1) a report of alleged or suspected abuse or neglect made under this chapter and the identity of the person making the report; and (2) except as otherwise provided in this section, the files, reports, records, communications, audiotapes, videotapes, and working papers used or developed in an investigation under this chapter or in providing services as a result of an investigation. (b) A court may order the disclosure of information that is confidential under this section if: (1) a motion has been filed with the court requesting the release of the information; (2) a notice of hearing has been served on the investigating agency and all other interested parties; and (3) after hearing and an in camera review of the requested information, the court determines that the disclosure of the requested information is: (A) essential to the administration of justice; and (B) not likely to endanger the life or safety of: (i) a child who is the subject of the report of alleged or suspected abuse or neglect; (ii) a person who makes a report of alleged or suspected abuse or neglect; or (iii) any other person who participates in an investigation of reported abuse or neglect or who provides care for the child. (b-1) On a motion of one of the parties in a cont or neglect; or (iii) any other person who participates in an investigation of reported abuse or neglect or who provides care for the child. (b-1) On a motion of one of the parties in a contested case before an administrative law judge relating to the license or certification of a professional, as defined by Section 261.101(b), or an educator, as defined by Section 5.001, Education Code, the administrative law judge may order the disclosure of information that is confidential under this section that relates to the matter before the administrative law judge after a hearing for which notice is provided as required by Subsection (b)(2) and making the review and determination required by Subsection (b)(3). Before the department may release information under this subsection, the department must edit the information to protect the confidentiality of the identity of any person who makes a report of abuse or neglect. (c) In addition to Subsection (b), a court, on its own motion, may order disclosure of information that is confidential under this section if: (1) the order is rendered at a hearing for which all parties have been given notice; (2) the court finds that disclosure of the information is: (A) essential to the administration of justice; and (B) not likely to endanger the life or safety of: (i) a child who is the subject of the report of alleged or suspected abuse or neglect; (ii) a person who makes a report of alleged or suspected abuse or neglect; or (iii) any other person who participates in an investigation of reported abuse or neglect or who provides care for the child; and (3) the order is reduced to writing or made on the record in open court. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 261, Subchapter C — CONFIDENTIALITY AND PRIVILEGED COMMUNICATION (d) The adoptive parents of a child wh e Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 261, Subchapter C — CONFIDENTIALITY AND PRIVILEGED COMMUNICATION (d) The adoptive parents of a child who was the subject of an investigation and an adult who was the subject of an investigation as a child are entitled to examine and make copies of any report, record, working paper, or other information in the possession, custody, or control of the state that pertains to the history of the child. The department may edit the documents to protect the identity of the biological parents and any other person whose identity is confidential, unless this information is already known to the adoptive parents or is readily available through other sources, including the court records of a suit to terminate the parent-child relationship under Chapter 161. (e) Before placing a child who was the subject of an investigation, the department shall notify the prospective adoptive parents of their right to examine any report, record, working paper, or other information in the possession, custody, or control of the department that pertains to the history of the child. (f) The department shall provide prospective adoptive parents an opportunity to examine information under this section as early as practicable before placing a child. (f-1) The department shall provide to a relative or other individual with whom a child is placed any information the department considers necessary to ensure that the relative or other individual is prepared to meet the needs of the child. The information required by this subsection may include information related to any abuse or neglect suffered by the child. (g) Notwithstanding Subsection (b), the department, on request and subject to department rule, shall provide to the parent, managing conservator, or other legal representative of a child who is the subject of reported abuse or neglect information concerning the reported abuse or neglect that w hall provide to the parent, managing conservator, or other legal representative of a child who is the subject of reported abuse or neglect information concerning the reported abuse or neglect that would otherwise be confidential under this section if the department has edited the information to protect the confidentiality of the identity of the person who made the report and any other person whose life or safety may be endangered by the disclosure. (h) This section does not apply to an investigation of child abuse or neglect in a home or facility regulated under Chapter 42, Human Resources Code. (i) Notwithstanding Subsection (a), the Texas Juvenile Justice Department shall release a report of alleged or suspected abuse or neglect made under this chapter if: (1) the report relates to a report of abuse or neglect involving a child committed to the Texas Juvenile Justice Department during the period that the child is committed to that department; and (2) the Texas Juvenile Justice Department is not prohibited by Chapter 552, Government Code, or other law from disclosing the report. (j) The Texas Juvenile Justice Department shall edit any report disclosed under Subsection (i) to protect the identity of: (1) a child who is the subject of the report of alleged or suspected abuse or neglect; (2) the person who made the report; and (3) any other person whose life or safety may be endangered by the disclosure. (k) Notwithstanding Subsection (a), an investigating agency, other than the department or the Texas Juvenile Justice Department, on request, shall provide to the parent, managing conservator, or other legal representative of a child who is the subject of reported abuse or neglect, or to the child if the child is at least 18 years of age, information concerning the reported abuse or neglect that would otherwise be confidential under this section. The investigating agency shall withhold information under this subsection if the parent, managing conse cerning the reported abuse or neglect that would otherwise be confidential under this section. The investigating agency shall withhold information under this subsection if the parent, managing conservator, or other legal representative of the child requesting the information is alleged to have committed the abuse or neglect. (l) Before a child or a parent, managing conservator, or other legal representative of a child may inspect or copy a record or file concerning the child under Subsection (k), the custodian of the record or file must redact: (1) any personally identifiable information about a victim or witness under 18 years of age unless that victim or witness is: (A) the child who is the subject of the report; or (B) another child of the parent, managing conservator, or other legal representative requesting the information; (2) any information that is excepted from required disclosure under Chapter 552, Government Code, or other law; and (3) the identity of the person who made the report. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 261, Subchapter C — CONFIDENTIALITY AND PRIVILEGED COMMUNICATION (m) An employee of the department may only have access to the identity of the person making a report of alleged or suspected abuse or neglect under this chapter if: (1) the employee is directly involved with an investigation, case, or other process involving the child who is the subject of the report or the child's parent or other person having legal custody of the child; (2) the employee supervises, directly or indirectly, an employee described by Subdivision (1); or (3) the employee has any other legitimate professional interest in an investigation, case, or other process involving the child who is the subject of the report or the child's parent or other person having legal custody of the child that necessitates access to the identity of the person who made the report. (n ing the child who is the subject of the report or the child's parent or other person having legal custody of the child that necessitates access to the identity of the person who made the report. (n) The department shall adopt rules to implement Subsection (m). Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 93, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 575, Sec. 12, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 69, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1150, Sec. 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 22, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 68, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.15, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 12, eff. June 8, 2007. Acts 2009, 81st Leg., R.S., Ch. 713 (H.B. 2876), Sec. 1, eff. June 19, 2009. Acts 2009, 81st Leg., R.S., Ch. 779 (S.B. 1050), Sec. 1, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1377 (S.B. 1182), Sec. 13, eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.128, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 82, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 381 (H.B. 63), Sec. 2, eff. September 1, 2023. Sec. 261.202. PRIVILEGED COMMUNICATION. In a proceeding regarding the abuse or neglect of a child, evidence may not be excluded on the ground of privileged communication except in the case of communications between an attorney and client. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 261.203. INFORMATION RELATING TO CHILD FATALITY. (a) Not later than the fifth day after the date the department receives a request for information about a child fatality with respect to which the department is conducting an investigation of alleged abuse or neglect, the department shall release: (1) the age and sex s a request for information about a child fatality with respect to which the department is conducting an investigation of alleged abuse or neglect, the department shall release: (1) the age and sex of the child; (2) the date of death; (3) whether the state was the managing conservator of the child at the time of the child's death; and (4) whether the child resided with the child's parent, managing conservator, guardian, or other person entitled to possession of the child at the time of the child's death. (b) If, after a child abuse or neglect investigation described by Subsection (a) is completed, the department determines a child's death or a child's near fatality was caused by abuse or neglect, the department on request shall promptly release investigation information not prohibited from release under federal law, including the following information: (1) the information described by Subsection (a), if not previously released to the person requesting the information; (2) information on whether a child's death or near fatality: (A) was determined by the department to be attributable to abuse or neglect; or (B) resulted in a criminal investigation or the filing of criminal charges if known at the time the investigation is completed; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 261, Subchapter C — CONFIDENTIALITY AND PRIVILEGED COMMUNICATION (3) for cases in which the child's death or near fatality occurred while the child was living with the child's parent, managing conservator, guardian, or other person entitled to possession of the child: (A) a summary of any previous reports of abuse or neglect of the child or another child made while the child was living with that parent, managing conservator, guardian, or other person entitled to possession of the child; (B) the disposition of any report under Paragraph (A); (C) a description of any services, including family-based s anaging conservator, guardian, or other person entitled to possession of the child; (B) the disposition of any report under Paragraph (A); (C) a description of any services, including family-based safety services, that were provided or offered by the department to the child or the child's family as a result of any report under Paragraph (A) and whether the services were accepted or declined; and (D) the results of any risk or safety assessment completed by the department relating to the child; and (4) for a case in which the child's death or near fatality occurred while the child was in substitute care with the department or with a residential child-care provider regulated under Chapter 42, Human Resources Code, the following information: (A) the date the substitute care provider with whom the child was residing at the time of death or near fatality was licensed or verified; (B) a summary of any previous reports of abuse or neglect investigated by the department relating to the substitute care provider, including the disposition of any investigation resulting from a report; (C) any reported licensing violations, including notice of any action taken by the department regarding a violation; and (D) records of any training completed by the substitute care provider while the child was placed with the provider. (c) If the department is unable to release the information required by Subsection (b) before the 11th day after the date the department receives a request for the information or the date the investigation of the child fatality is completed, whichever is later, the department shall inform the person requesting the information of the date the department will release the information. (d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(7), eff. September 1, 2015. (e) Before the department releases any information under Subsection (b), the department shall redact from the records any information the release of which would: (1) identify: September 1, 2015. (e) Before the department releases any information under Subsection (b), the department shall redact from the records any information the release of which would: (1) identify: (A) the individual who reported the abuse or neglect; or (B) any other individual other than the deceased child or an alleged perpetrator of the abuse or neglect; (2) jeopardize an ongoing criminal investigation or prosecution; (3) endanger the life or safety of any individual; or (4) violate other state or federal law. (f) The executive commissioner of the Health and Human Services Commission shall adopt rules to implement this section. Added by Acts 2009, 81st Leg., R.S., Ch. 779 (S.B. 1050), Sec. 2, eff. September 1, 2009. Amended by: Acts 2015, 84th Leg., R.S., Ch. 253 (S.B. 949), Sec. 1, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(7), eff. September 1, 2015. Sec. 261.204. ANNUAL CHILD FATALITY REPORT. (a) Not later than March 1 of each year, the department shall publish an aggregated report using information compiled from each child fatality investigation for which the department made a finding regarding abuse or neglect, including cases in which the department determined the fatality was not the result of abuse or neglect. The report must protect the identity of individuals involved and contain the following information: (1) the age and sex of the child and the county in which the fatality occurred; (2) whether the state was the managing conservator of the child or whether the child resided with the child's parent, managing conservator, guardian, or other person entitled to the possession of the child at the time of the fatality; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 261, Subchapter C — CONFIDENTIALITY AND PRIVILEGED COMMUNICATION (3) the relationship to the child of the individual alleged to have abused or neglected the chil --- TEXAS FAMILY CODE Chapter 261, Subchapter C — CONFIDENTIALITY AND PRIVILEGED COMMUNICATION (3) the relationship to the child of the individual alleged to have abused or neglected the child, if any; (4) the number of any department abuse or neglect investigations involving the child or the individual alleged to have abused or neglected the child during the two years preceding the date of the fatality and the results of the investigations; (5) whether the department offered family-based safety services or conservatorship services to the child or family; (6) the types of abuse and neglect alleged in the reported investigations, if any; and (7) any trends identified in the investigations contained in the report. (b) The report published under Subsection (a) must: (1) accurately represent all abuse-related and neglect-related child fatalities in this state, including child fatalities investigated under Subchapter F, Chapter 264, and other child fatalities investigated by the department; and (2) aggregate the fatalities by investigative findings and case disposition, including the following dispositions: (A) abuse and neglect ruled out; (B) unable to determine cause of death; (C) reason to believe abuse or neglect occurred; (D) reason to believe abuse or neglect contributed to child's death; (E) unable to complete review; and (F) administrative closure. (c) The department may release additional information in the annual report if the release of the information is not prohibited by state or federal law. (d) The department shall post the annual report on the department's Internet website and otherwise make the report available to the public. (e) The executive commissioner of the Health and Human Services Commission may adopt rules to implement this section. (f) At least once every 10 years, the department shall use the information reported under this section to provide guidance for possible department policy changes. Added by Acts 2015, 8 his section. (f) At least once every 10 years, the department shall use the information reported under this section to provide guidance for possible department policy changes. Added by Acts 2015, 84th Leg., R.S., Ch. 253 (S.B. 949), Sec. 2, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 1, eff. September 1, 2017. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5