Texas Human Resources Code
§ 161.111 — CONFIDENTIALITY AND DISCLOSURE OF INFORMATION
HR § 161.111Title 11. AGING, COMMUNITY-BASED, AND LONG-TERM CARE SERVICES · Ch. 161. DEPARTMENT OF AGING AND DISABILITY SERVICES · Art. E. GUARDIANSHIP SERVICES
Statute text
View on source(a)All files, reports, records, communications, or working papers used or developed by the department in the performance of duties relating to the assessment for or the provision of guardianship services to an individual referred for guardianship services under this subchapter are confidential and not subject to disclosure under Chapter 552, Government Code.
(b)Confidential information may be disclosed only for a purpose consistent with this subchapter, as required by other state or federal law, or as necessary to enable the department to exercise its powers and duties as guardian of the person or estate, or both, of an individual.
(c)A court may order disclosure of confidential information only if:
(1)a motion is filed with the court requesting release of the information and a hearing on that request;
(2)notice of the hearing is served on the department and each interested party; and
(3)the court determines after the hearing and an in camera review of the information that disclosure is essential to the administration of justice and will not endanger the life or safety of any individual who:
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Legislative history
Acts 2011, 82nd Leg., R.S., Ch. 599 (S.B. 220), Sec. 4, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.463, eff. April 2, 2015.