Information regarding a child's HIV status is confidential. Staff must not disclose a child's HIV status with any other individual or entity, except those listed in 11521 Required Notification About a Child's HIV Status and 11522 Allowable Releases of HIV Status Information, or under other applicable law or rule.

DFPS Rules, 40 TAC §700.1405External Link

Medical Exception

DFPS may release information about an individual's HIV status to medical personnel in an emergency, if necessary to provide for their protection and to provide for the patient's health and welfare. Other exceptions apply to healthcare providers, who are required by law to report the information to certain governmental entities for purposes of communicable disease tracking.

Public Documents

The caseworker must keep information regarding a child's HIV status out of any documents that will be available to the public, such as removal affidavits or court reports. If the welfare of the child requires the child's status to be documented in a public document, staff must use language such as confidential illness or confidential diagnosis.

Court Testimony

A child's HIV status may be discussed if DFPS is currently the child's managing conservator.

The judge has the discretion and authority to require testimony on any subject that he or she deems appropriate or necessary. In such cases, staff must give testimony as requested.

Removal Affidavit

A person's HIV status must NEVER appear in a removal affidavit. This is true for children coming into DFPS care and for any other adult or child referred to in the affidavit.

Adults

Section 81.103External Link of the Texas Health and Safety Code protects the confidentiality of an adult's HIV status and HIV test results. Staff must never disclose an adult's HIV status, or HIV test results, without the adult's consent.