The Title IV-D agency must keep specified files, records, and communications confidential or privileged, but it may release information for certain program purposes and other limited uses.
Sec. 231.108. CONFIDENTIALITY OF RECORDS AND PRIVILEGED COMMUNICATIONS. (a) Except as provided by Subsection (c), all files and records of services provided by the Title IV-D agency under this title, including information concerning a custodial parent, a noncustodial parent, a child, or an alleged or presumed father, are confidential. (b) Except as provided by Subsection (c), all communications made by a recipient of financial assistance under Chapter 31, Human Resources Code, or an applicant for or recipient of services under this chapter are privileged. (c) The Title IV-D agency may use or release information from the files and records, including information that results from a communication made by a recipient of financial assistance under Chapter 31, Human Resources Code, or by an applicant for or recipient of services under this chapter, for purposes directly connected with the administration of the child support, paternity determination, parent locator, or aid to families with dependent children programs. The Title IV-D agency may release information from the files and records to a consumer reporting agency in accordance with Section 231.114. (d) The Title IV-D agency by rule may provide for the release of information to public officials. (e) The Title IV-D agency may not release information on the physical location of a person if: (1) a protective order has been entered with respect to the person; or (2) there is reason to believe that the release of information may result in physical or emotional harm to the person. (f) The Title IV-D agency, by rule, may provide for the release of information to persons for purposes not prohibited by federal law. (g) The final order in a suit adjudicating parentage is available for public inspection as provided by Section 160.633. (h) A court may not order the Title IV-D agency to release information that is confidential or privileged under this section. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 341, Sec. 1.08, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 911, Sec. 74, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 53, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 610, Sec. 15, eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 963 (S.B. 1727), Sec. 3, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 13, eff. September 1, 2023.