Sec. 411.13861. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: DEPARTMENT OF AGING AND DISABILITY SERVICES. (a) The Department of Aging and Disability Services is entitled to obtain from the Department of Public Safety criminal history record information maintained by the Department of Public Safety that relates to a person:
(1) required to undergo a background and criminal history check under Chapter 248A, Health and Safety Code;
(2) who seeks unsupervised visits with a ward of the department, including a relative of the ward;
(3) who is an applicant for employment with the Department of Aging and Disability Services for a position in which the person, as an employee, would have direct access to residents or clients of a facility regulated by the department, as determined by the commissioner of aging and disability services; or
(4) who is an employee of the Department of Aging and Disability Services and who has direct access to residents or clients of a facility regulated by the department, as determined by the commissioner of aging and disability services.
(b) Criminal history record information obtained under Subsection (a) is for the exclusive use of the Department of Aging and Disability Services and is privileged and confidential.
(c) Criminal history record information obtained under Subsection (a) may not be released or disclosed to any person or agency except on court order or with the consent of the person who is the subject of the information. The Department of Aging and Disability Services may destroy the criminal history record information after the information is used for the purposes authorized by this section.
(d) This section does not prohibit the Department of Aging and Disability Services from obtaining and using criminal history record information as provided by other law.
(e) In this section, "ward" has the meaning assigned by Section 1002.030, Estates Code.
(f) Notwithstanding Subsection (c), the Department of Aging and Disability Services shall destroy information obtained under Subsection (a)(3) or (4) after the information is used for the purposes authorized by this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.006, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1209 (S.B. 1540), Sec. 2, eff. June 19, 2015.
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