Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Family Code
Section
§ 261.407
Minimum Standards
§ 261.408
Information
Collection
§ 261.409
Investigation in
Facilities Under
Texas Youth
Commission
Jurisdiction
Related/
Contrary
Not Related
Not Related
Not Related
Explanation
Establishes minimum procedural
standards for the investigation of
suspected child abuse and neglect.
Requires DFPS to set uniform
procedures for the collection of
information about the deaths of children
in facilities.
Requires TYC to adopt procedural
standards for the investigation of
suspected child abuse or neglect in its
facilities.
Preemption
Exception
Is State Law
Preempted?
Title 5: The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Chapter 262: Procedures in Suit by Governmental Entity to Protect Health and Safety of Child
No
No
No
Recommendation
§ 262.101
Filing Petition Before
Taking Possession
of Child
Related/
Not Contrary
HIPAA permits disclosure to a
governmental authority authorized to
receive reports of child abuse or
neglect. 45 C.F.R. § 164.512(b)(1)(ii).
No
§ 262.104
Taking Possession
of a Child in
Emergency Without
a Court Order
Related/
Not Contrary
HIPAA permits disclosure to a
governmental authority authorized to
receive reports of child abuse or
neglect. 45 C.F.R. § 164.512(b)(1)(ii).
No
§ 262.109
Notice to Parent,
Conservator, or
Guardian
§ 262.113
Filing Suit Without
Taking Possession
of Child
Not Related
Not Related
Sets out the required content for the
notice to a parent or guardian when
Child Protective Services (CPS) takes
possession of a child.
Outlines what must be alleged in an
affidavit to support a suit filed by a
governmental entity requesting to take
possession of a child.
No
No
111