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.
Notes of Decisions
Jackson v. State Off. of Admin. Hearings, 351 S.W.3d 363 (Tex. App. 2009).
· cites it 5× “101 (West 2004); Tex Fam.Code Ann. § 231.108 (West 2008). Jackson and appellees filed competing motions for summary judgment, and the trial court granted summary judgment in favor of appel-lees, finding that the information sought by Jackson is confidential and may not be…”
in Re the Off. of the Attorney Gen. of Texas (Tex. App. 2014).
· cites it 4× “When determining whether the trial court abused its discretion, we are mindful that the purpose of discovery is to seek the truth so that disputes may be decided 2 See Tex. Fam. Code Ann. § 231.108 (West 2008).”
the Off. of the Attorney Gen. (Tex. App. 2019).
“TEX. FAM. CODE § 231.108(a). Subsection (c) provides that the agency “may” release the privileged or confidential information “for purposes directly connected with the administration of the child support, paternity determination, parent locator, or aid to families with dependent…”
— Tex. Fam. Code § 231.108(a) — 4 cases
Jackson v. State Off. of Admin. Hearings, 351 S.W.3d 363 (Tex. App. 2009).
“101 (West 2004); Tex Fam.Code Ann. § 231.108 (West 2008). Jackson and appellees filed competing motions for summary judgment, and the trial court granted summary judgment in favor of appel-lees, finding that the information sought by Jackson is confidential and may not be…”
the Off. of the Attorney Gen. (Tex. App. 2019).
“TEX. FAM. CODE § 231.108(a). Subsection (c) provides that the agency “may” release the privileged or confidential information “for purposes directly connected with the administration of the child support, paternity determination, parent locator, or aid to families with dependent…”
— Tex. Fam. Code § 231.108(b) — 1 case
in Re the Off. of the Attorney Gen. of Texas (Tex. App. 2014).
“When determining whether the trial court abused its discretion, we are mindful that the purpose of discovery is to seek the truth so that disputes may be decided 2 See Tex. Fam. Code Ann. § 231.108 (West 2008).”
— Tex. Fam. Code § 231.108(c) — 2 cases
in Re the Off. of the Attorney Gen. of Texas (Tex. App. 2014).
“When determining whether the trial court abused its discretion, we are mindful that the purpose of discovery is to seek the truth so that disputes may be decided 2 See Tex. Fam. Code Ann. § 231.108 (West 2008).”
— Tex. Fam. Code § 231.108(e) — 1 case
— Tex. Fam. Code § 231.108(g) — 1 case
Jackson v. State Off. of Admin. Hearings, 351 S.W.3d 363 (Tex. App. 2009).
“101 (West 2004); Tex Fam.Code Ann. § 231.108 (West 2008). Jackson and appellees filed competing motions for summary judgment, and the trial court granted summary judgment in favor of appel-lees, finding that the information sought by Jackson is confidential and may not be…”
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