A person’s HIV status is confidential information that may not be released unless specifically allowed by law.

Texas Health and Safety Code, Chapter 81External restricts the release of reports, records, and information relating to a person’s HIV status to specific entities for specific purposes. Because of DFPS’s responsibility to share information as necessary to make sure that the needs of a child in DFPS conservatorship are met, a caseworker may share HIV information in the following circumstances:

• A person seeking to adopt a child is entitled to information about HIV tests for the child he or she is seeking to adopt.
• A prospective or current foster parent of a child is entitled to information about HIV tests for the child who is being or will be fostered.
• DFPS releases HIV information when ordered by a court having jurisdiction over a proceeding involving the child or involving a person suspected of abusing the child.
• DFPS may release HIV information to health care professionals and to contracted service agencies and volunteers, when necessary to provide for their protection or to provide for the patient’s health and welfare.
• DFPS may release HIV information about a person if that person (or the person’s parent or legal conservator if the person is a minor) consents to the specific release by signing an Authorization to Disclose Protected Health Information [sic, broken link]Word Documenform.
• DFPS may release HIV test results to the Texas Department of State Health Services (DSHS) if there is a potential health risk to the public or if DSHS is conducting an investigation.

A person’s HIV status must not appear in a removal affidavit.