Notice of the hearing on a motion to disclose confidential information must be served on the Department of Family and Protective Services or the investigating state agency as well as on each interested party. Tex. Hum. Res. Code § 48.101(c)(2).
[Caption. See § 3 of the Introduction in this manual.]
Motion for Disclosure of Confidential Records
[Name of movant], Movant, [identify movant’s standing, e.g., guardian of the person and estate of [name of ward], an incapacitated person], respectfully requests that this Court order the disclosure of the confidential records of [name of investigating agency] pertaining to [name of ward] and in support shows the Court the following:
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Describe the reason the confidential records are required. The following is an example. |
1.Movant is the court-appointed guardian of the person and estate of [name of ward], an incapacitated person. [Name of contesting individual], [relationship to the ward], who has asserted a prior right to serve as guardian, is contesting Movant’s appointment. Movant believes that [name of contesting individual] is disqualified to serve as guardian.
2.As part of an evidentiary hearing this Court held on [date], testimony was elicited from [name of specialist], a specialist with [name of investigating agency]. The written records formed the underlying basis of [name of specialist]’s testimony and are confidential pursuant to section 48.101 of the Human Resources Code. An exception exists, however, to the confidentiality requirements in a guardianship proceeding on a showing of cause. [Describe grounds for releasing records, e.g., Because the care and treatment of [name of ward] is in issue, and because [name]’s prior conduct in providing care for [name of ward] is also in issue in this cause, Movant believes that good cause exists to permit the confidential records of [name of investigating agency] to be disclosed to Movant and the other parties to this cause regarding [name of ward].]
Movant prays that after an in camera review by the Court, [he/she] be entitled to review the records of [name of investigating agency] regarding [name of ward] and for all other relief to which Movant may be entitled.
Respectfully submitted,
[Name]
Attorney for Movant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
Certificate of Service
I certify that a true copy of this [title of document] was served in accordance with rule 21a of the Texas Rules of Civil Procedure.
SIGNED on ________________________________.
[Name of attorney]