A public or private child protective agency of this State
or any other State bound by similar confidentiality requirements that is
investigating a report of suspected child abuse or treating a child or
family that the subject of a report
A court or grand jury when it is necessary for
determination of an issue before it
A district attorney or assistant district attorney in
connection with official duty
Any adult who makes a report of suspected child abuse
The State Personnel Board for determination of an issue
involving departmental personnel
A child advocacy center investigating known or suspected
child abuse
Police or any other law enforcement agency of this State or
any other State or any medical examiner or coroner investigating a report of
abuse
Any child abuse protocol committee
The Governor, Attorney General, Lieutenant Governor, or
Speaker of the House of Representatives in order to determine whether the
laws of this State are being complied with
Individuals who are engaged in legitimate research
A physician who reasonably suspects a child may be abused
A licensed child-placing agency or child-caring institution
that is locating or providing foster or adoptive homes for children in the
custody of the department, or an investigator appointed to investigate a
pending petition for adoption
A person authorized to place a child in protective custody
when such person requires the information in the record in order to
determine whether to place the child in protective custody
An agency or person that has the responsibility to care
for, treat, or supervise the child who is the subject of a report
Members of citizen review panels
Guardians ad litem or Court Appointed Special
Advocate (CASA) volunteers
A public child protective agency or law enforcement agency
of another State bound by similar confidentiality requirements when, during
or following the department's investigation of a report of child abuse, the
alleged abuser has left this State
A child welfare agency or a school where the department has
investigated allegations of child abuse made against any employee and any
child remains at risk from exposure to that employee
An employee of a school or a child welfare agency against
whom allegations of child abuse have been made
Any person who has an ongoing relationship with the child
named in the record of child abuse but only if that person is required to
report
Any school principal, guidance counselor, social worker, or
psychologist who is counseling a student
The Department of Early Care and Learning
Any childcaring agency, child-placing agency, or identified
foster parent with respect to any child who has been placed in their care or
custody
Access to information in the abuse registry is limited to:
An abuse investigator, medical examiner, coroner, or
out-of-state abuse investigator that is investigating a case of possible
child abuse
The Governor's office, General Assembly, district
attorneys, and law enforcement agencies, who shall receive a statistical
analysis of reported cases from the abuse registry at the end of each
calendar year
A district attorney for use in any court proceeding if such
information is otherwise admissible
When Public Disclosure of Records is Allowed
Citation: §§ 49-5-41; 49-5-186
Information from child abuse records may be released
regarding a deceased child, but such access shall be limited to a disclosure
regarding whether there is an ongoing or completed investigation of the
death and, if completed, whether child abuse was confirmed or unconfirmed.
Information in the abuse registry applicable to a child who
at the time of his or her death was in the custody of a State department or
agency or foster parent shall not be confidential.
Use of Records for Employment Screening
Not addressed in statutes reviewed
Guam
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: Tit. 19, § 13210
Any information received pursuant to this Article that could identify a
subject of the report or the person making the report shall be confidential.
Persons or Entities Allowed Access to Records
Tit. 19, § 13210
Information received pursuant to this Article may be released, on a need to
know basis, and only as necessary to serve and protect the child, to the
following:
Multidisciplinary teams established to assist in the
disposition of cases
A court when it is necessary for determination of an issue
before it
Grand juries when connected with the prosecution of a child
abuse and neglect case
Properly constituted authorities or agencies both military
and governmental, investigating a report of known or suspected child abuse
or neglect, or providing services to a child or family relating to a known
or suspected case of child abuse or neglect, including police departments,
prosecutors, and attorneys general
A physician who suspects that a child is being abused or
neglected
Any agency or individual authorized, contracted, or
licensed to diagnose, care, or treat a child who is the subject of a report
of abuse or neglect
A person, including but not limited to, a guardian ad
litem, attorney for the child, permanent foster or adoptive parent, who
is responsible for the welfare of the child
A duly authorized official of the department
A victim or alleged victim of child abuse, the parents of a
victim or alleged victim, or a perpetrator or alleged perpetrator of child
abuse, after a court proceeding has been initiated regarding the abuse
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Not addressed in statutes reviewed
Hawaii
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality of Records
Citation: § 350-1.4
All reports to the department concerning child abuse or neglect made
pursuant to this chapter, as well as all records of such reports, are
confidential.
Persons or Entities Allowed Access to Records
§ 350-1.4
The director may adopt rules to provide for the confidentiality of reports
and records and for the authorized disclosure of reports and records.
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Not addressed in statutes reviewed
Idaho
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 16-1623
Department records shall be subject to disclosure according to chapter 3,
title 9, Idaho Code, unless otherwise ordered by the court, the person
consents to the disclosure, or disclosure is necessary for the delivery of
services to the person.
Persons or Entities Allowed Access to Records
§§ 16-1621; 16-1623
The court shall keep a record of all court proceedings
under this chapter. The records shall be available only to:
o
Parties to the proceeding
o
Persons having full or partial custody of the subject child
o
Authorized agencies providing protective supervision or
having legal custody of the child
o
Any other person only upon permission by the court and then
only if it is shown that such access is in the best interests of the child
or for the purpose of legitimate research
All records pertaining to investigations, the
rehabilitation of youth, the protection of children, evaluation, treatment
and/or disposition records pertaining to the statutory responsibilities of
the department shall be disclosed to any duly elected State official
carrying out his official functions.
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Not addressed in statutes reviewed
Illinois
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: Ch. 325, § 5/11.1
All records concerning reports of child abuse and neglect or records
concerning referrals under this Act and all records generated as a result of
such reports or referrals, shall be confidential and shall not be disclosed
except as specifically authorized by this Act or other applicable law.
Persons or Entities Allowed Access to Records
Ch. 325, § 5/11.1
Department staff in the furtherance of their
responsibilities, or for the purpose of completing background investigations
on persons or agencies licensed by the Department or with whom the
Department contracts for the provision of child welfare services
A law enforcement agency investigating known or suspected
child abuse or neglect
The Department of State Police when administering the
provisions of the Intergovernmental Missing Child Recovery Act of 1984
A physician who reasonably suspects that a child may be
abused or neglected
A person authorized to place a child in temporary
protective custody when needed to determine whether to place the child in
temporary protective custody
A person who has the responsibility to care for, treat, or
supervise a child
A parent, guardian, or other person responsible for the
child's welfare
Any subject of the report, and if the subject of the report
is a minor, his or her guardian or guardian ad litem
A court when it is necessary for the determination of an
issue before it
A probation officer or other authorized representative of a
probation or court services department conducting an investigation
A grand jury when it is necessary in the conduct of its
official business
Any person authorized by the Director for audit or bona
fide research purposes
Law enforcement agencies, coroners, medical examiners,
physicians, courts, school superintendents and child welfare agencies in
other States who are responsible for child abuse or neglect investigations
or background investigations
The Department of Professional Regulation, the State Board
of Education, and school superintendents in Illinois, who may use or
disclose information from the records as they deem necessary to conduct
investigations or take disciplinary action
A coroner or medical examiner who has reason to believe
that a child has died as the result of abuse or neglect
Members of a multidisciplinary team
The Department of Human Services
Any other agency or investigative body, including the
Department of Public Health and a local board of health, authorized by State
law to conduct an investigation into the quality of care provided to
children in hospitals and other State regulated care facilities
The guardian ad litem of a minor who is the subject
of a report or records
When Public Disclosure of Records is Allowed
Citation: Ch. 325, § 5/11.1a
The Director may disclose information regarding the abuse or neglect of a
child, the investigation thereof, and any services related thereto, if he or
she determines that such disclosure is not contrary to the best interests of
the child, the child's siblings, or other children in the household, and one
of the following factors are present:
The subject of the report has been criminally charged with
committing a crime related to the child abuse or neglect report.
A law enforcement agency or official, a State's Attorney,
or a judge has publicly disclosed in a report information regarding the
investigation of a report or the provision of services by the department.
An adult subject of the report has knowingly and
voluntarily made a public disclosure concerning a Child Abuse and Neglect
Tracking System report.
The child named in the report has been critically injured
or died.
Use of Records for Employment Screening
Citation: Ch. 325, § 5/11.1
Access to records may be provided for the following:
The Director of a State-operated facility when an employee
of that facility is the perpetrator in an indicated report
The operator of a licensed childcare facility or a facility
licensed by the Department of Human Services in which children reside when a
current or prospective employee of that facility is the perpetrator in an
indicated child abuse or neglect report
The Department of Human Services and the operator of a
facility providing early intervention services for the purpose of
determining whether a current or prospective employee who provides or may
provide direct services is the perpetrator in an indicated report of child
abuse or neglect
Indiana
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 31-33-18-1
Reports made under this article, and any other information obtained, reports
written, or photographs taken concerning the reports are confidential.
Persons or Entities Allowed Access to Records
§§ 31-33-18-2; 31-33-18-3
A public or private child protective agency investigating
or treating a child or family that is the subject of a report
A police or other law enforcement agency, prosecuting
attorney, or coroner in the case of the death of a child who is
investigating a report of a child who may be a victim of child abuse or
neglect
A physician who reasonably suspects that a child may be a
victim of child abuse or neglect
An individual legally authorized to place a child in
protective custody to determine whether to place the child in protective
custody
An agency having the legal responsibility or authorization
to care for, treat, or supervise a child who is the subject of a report
An individual named in the report who is alleged to be
abused or neglected
The child’s guardian ad litem or court appointed
special advocate, or both
Each parent, guardian, custodian, or other person
responsible for the welfare of a child named in a report and an attorney of
the person
A court, for redaction of the record in accordance with §
31-33-18-1.5, or upon the court's finding that access to the records may be
necessary for determination of an issue before it
A grand jury when it is necessary in the conduct of
official business
An appropriate State or local official responsible for the
child protective service or legislation carrying out the official's official
functions
A foster care review board
The community child protection team
A person about whom a report has been made
An employee of the division of family and children, a
caseworker, or a juvenile probation officer conducting a criminal history
check to determine the appropriateness of an out-of-home placement
A local child fatality review team
The statewide child fatality review committee
Individuals engaged in research
When Public Disclosure of Records is Allowed
Citation: § 31-33-18-1.5
Unless information in a record is otherwise confidential
under State or Federal law, a record regarding the death of a child
determined to be a result of abuse, abandonment, or neglect that has been
redacted in accordance with this section is not confidential and may be
disclosed to any person who requests the record.
Prior to release, the record shall be transmitted to the
court exercising juvenile jurisdiction in the county in which the death of
the child occurred. The court shall, within 30 days, redact the record to
exclude identifying information of a person or other information not
relevant to establishing the facts and circumstances leading to the death of
the child.
Use of Records for Employment Screening
Citation: § 31-33-17-6
Upon submitting written verification of an application for employment or a
consent for release of information signed by a childcare provider, a person
or an agency may obtain the following information contained in the child
abuse registry regarding an individual who has applied for employment or
volunteered for services in a capacity that would place the individual in a
position of trust with children less than 18 years of age, or regarding a
childcare provider who is providing or may provide childcare for the
person's child:
Whether a child was found by a court to be a child in need
of services based on a report of child abuse or neglect naming the
applicant, volunteer, or childcare provider as the alleged perpetrator
Whether criminal charges were filed against the applicant,
volunteer, or childcare provider based on a report of child abuse or neglect
Whether a court has issued an arrest warrant for the
applicant, volunteer, or childcare provider based on a report of child abuse
or neglect
Iowa
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 235A.15
The confidentiality of all child abuse information shall be maintained,
except as specifically provided by this section.
Persons or Entities Allowed Access to Records
§ 235A.15
A child named in a report as a victim of abuse or the
child's attorney or guardian ad litem
A parent or the attorney for the parent of a child named in
a report
A guardian or legal custodian, or that person's attorney,
of a child named in a report
A person or the attorney for the person named in a report
as having abused a child
A health practitioner or mental health professional who
believes or has reason to believe that a child has been the victim of abuse
An employee or agent of the Department of Human Services
responsible for the assessment of a child abuse report
A law enforcement officer responsible for assisting in an
assessment of a child abuse allegation
A multidisciplinary team as necessary to assist the
department in the diagnosis, assessment, and disposition of a child abuse
case
A mandatory reporter who reported the child abuse
The county attorney
The juvenile court
The licensing authority for a facility providing care to a
child named in a report
A person or agency responsible for the care or supervision
of a child named in a report
A person named in a report as having abused a child
The child protection assistance team for the county in
which the report was made
An administrative agency hearing an appeal for correction
of data
An expert witness at any stage of an appeal necessary for
correction of report data and disposition data
A probation or parole officer, juvenile court officer,
court appointed special advocate, or adult correctional officer having
custody or supervision of, or conducting an investigation of a person named
in a report as a victim of child abuse or as having abused a child
The Department of Justice for purposes of review by the
prosecutor's review committee or the commitment of sexually violent
predators
A board of examiners and the Iowa Department of Public
Health for the purpose of licensure, certification or registration,
disciplinary investigation, or the renewal of licensure, certification or
registration, or disciplinary proceedings of health care professionals
A person conducting bona fide research on child
abuse
Registry or department personnel when necessary to the
performance of their official duties
The department of justice for the sole purpose of the
filing of a claim for restitution or compensation
A child protection agency of another State
A public or licensed child-placing agency of another State
responsible for an adoptive or foster care preplacement or placement
evaluation
The attorney for the Department of Human Services
The child advocacy and local citizen foster care review
boards
An employee or agent of the Department of Human Services
regarding a person who is providing childcare if the person is not
registered or licensed to operate a childcare facility
The board of educational examiners for purposes of
determining whether a practitioner's license should be denied or revoked
An employee of the department responsible for an adoptive
placement, a certified adoption investigator, or licensed child-placing
agency responsible for an adoptive placement
When Public Disclosure of Records is Allowed
Citation: § 235A.15
If the department receives from the public a request for
information relating to a case of child abuse involving a fatality or near
fatality, the director shall consult with the county attorney and shall
disclose information related to the case, except for the following:
o
Any mental health or psychological information that is
confidential
o
The privileged communication of an attorney
o
The identity of any individual who provided information
related to a report of child abuse
o
Information that may cause mental or physical harm to a
sibling or another child living in the household
o
Information that may jeopardize the prosecution or the
rights to a fair trial of any alleged perpetrator
o
Information that may undermine an ongoing or future
criminal investigation
o
Any release prohibited by Federal law or regulation
The information released shall include the following,
except that listed above:
o
Any relevant child abuse information about the child or the
child's family and the department's response and findings
o
Whether or not the child or a member of the child's family
was utilizing social services at the time of the child fatality or near
fatality or within the preceding 5-year period
o
Any recommendations made by the department to the county
attorney or the court
o
If applicable, a summary of an evaluation of the
department's responses in the case
If release of social services information in addition to
that above is believed to be in the public's interest and right to know, the
director of human services may apply to the court requesting a review of the
information proposed for release and an order authorizing release.
If a subject of a report releases in a public forum
information about a case, including information that would otherwise be
confidential, the director may respond with relevant information about the
case.
Use of Records for Employment Screening
Citation: § 235A.15
Disposition data and report data (if authorized in law to the extent
necessary for purposes of an employment evaluation) for cases of founded
child abuse placed in the central registry may be accessed by individuals
and administrators of the following types of agencies or facilities that
provide care to a child:
A psychiatric medical institution for children
A child foster care facility
A childcare facility
The Iowa Braille and Sight Saving School
The school for the deaf
A community mental health center
A facility or program operated by the State, a city, or a
county that provides services or care directly to children
An agency certified by the Department of Human Services to
provide services under a medical assistance home and community-based
services waiver
An agency providing mental health, mental retardation, or
developmental disability services under a county management plan
A childcare resource and referral agency that has entered
into an agreement authorized by the department to provide childcare resource
and referral services
A licensed hospital
A legally constituted child protection agency in another
State if the agency is conducting a records check of a person who is
providing care or has applied to provide care to a child in the other State
The Department of Human Services for a record check
relating to employment or residence
The department responsible for registering or licensing or
approving the registration or licensing of an agency, facility, or
individual providing care to a child
A school district or to the authorities in charge of an
accredited nonpublic school for purposes of a volunteer or employment record
check
The department of inspections and appeals for purposes of
record checks of applicants for employment
Kansas
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 38-1520
Child in need of care information maintained in the child in need of care
information system is confidential and shall not be disseminated or publicly
disclosed in a manner that enables identification of any individual who is a
subject of the information, except that the information shall be open to
inspection by the department of social and rehabilitation services or upon
order of a judge of the district court or an appellate court.
Persons or Entities Allowed Access to Records
§ 38-1507
The Secretary, agents of the Secretary, and juvenile intake and assessment
agencies shall participate in a free exchange of information concerning a
child in need of care.
The following persons or entities shall have access to
information from agency records, with access limited to information
reasonably necessary to carry out their lawful responsibilities:
A child named in the report, a guardian ad litem,
and the child’s attorney
A parent or other person responsible for the welfare of a
child, or such person's legal representative
A court-appointed special advocate for a child, a citizen
review board, or other advocate that reports to the court
A person licensed to practice the healing arts or mental
health profession
A person or entity licensed to care for, treat, or
supervise a child in need of care
A coroner or medical examiner when such person is
determining the cause of death of a child
The State child death review board
An attorney for a private party who files a petition
pursuant to § 38-1529(b)
A foster parent, prospective foster parent, permanent
custodian, prospective permanent custodian, adoptive parent, or prospective
adoptive parent, in order to assist such persons in making an informed
decision regarding acceptance of a particular child
The State protection and advocacy agency
Any educational institution or educator to the extent
necessary to enable the educational institution to provide the safest
possible environment for its pupils and employees
Any other Federal, State, or local government executive
branch entity or agent having a need for such information
Members of the standing House or Senate Committee on the
Judiciary, House Committee on Corrections and Juvenile Justice, House
Committee on Appropriations, Senate Committee on Ways and Means, Legislative
Audit Committee, and any joint committee with authority to consider
children’s and families’ issues
When Public Disclosure of Records is Allowed
Citation: § 38-1507
Public disclosure of information from confidential reports
or records of a child alleged or adjudicated to be a child in need of care
shall be limited to confirmation of factual details with respect to how the
case was handled, provided that the information does not violate the privacy
of the child, or the child's siblings, parents, or guardians.
Confidential information may be released to the public only
with the express written permission of the individuals involved or their
representatives.
In the event that child abuse or neglect results in a child
fatality or near fatality, reports or records of a child in need of care
received by the Department of Social and Rehabilitation Services, a law
enforcement agency, or any juvenile intake and assessment worker shall
become a public record and subject to disclosure pursuant to § 45-215.
Use of Records for Employment Screening
Not addressed in statutes reviewed
Kentucky
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 620.050
The report of suspected child abuse, neglect, or dependency and all
information obtained by the cabinet or its delegated representative, as a
result of an investigation or assessment made pursuant to this chapter,
shall not be divulged to anyone except the persons listed below.
Persons or Entities Allowed Access to Records
§ 620.050
Information may be accessed by:
o
Persons suspected of causing dependency, neglect, or abuse
o
The custodial parent or legal guardian of the child alleged
to be dependent, neglected, or abused
o
Persons within the cabinet with a legitimate interest or
responsibility related to the case
o
Other medical, psychological, educational, or social
service agencies, childcare administrators, corrections personnel, or law
enforcement agencies, including the county attorney's office, the coroner,
and the local child fatality response team, that have a legitimate interest
in the case
o
A noncustodial parent when the dependency, neglect, or
abuse is substantiated
o
Members of multidisciplinary teams
o
Employees or designated agents of a children's advocacy
center
o
Those persons so authorized by court order
Files, reports, notes, photographs, records, electronic and
other communications, and working papers used or developed by a children's
advocacy center in providing services under this chapter are confidential
and shall not be disclosed except to the following persons:
o
Staff employed by the cabinet, law enforcement officers,
and Commonwealth's and county attorneys who are directly involved in the
investigation or prosecution of the case
o
Medical and mental health professionals listed by name in a
release of information signed by the guardian of the child
o
The court and those persons so authorized by a court order
When Public Disclosure of Records is Allowed
Citation: § 620.050
Information may be publicly disclosed by the cabinet in a
case where child abuse or neglect has resulted in a child fatality or near
fatality.
When an adult who is the subject of confidential
information publicly reveals or causes to be revealed any significant part
of the confidential matter or information, the confidentiality afforded by
this section is presumed voluntarily waived, and confidential information
and records about the person making or causing the public disclosure, not
already disclosed but related to the information made public, may be
disclosed if disclosure is in the best interest of the child or is necessary
for the administration of the cabinet's duties.
Use of Records for Employment Screening
Not addressed in statutes reviewed
Louisiana
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: Ch. Code art. 616
Except as provided in this Article or Rev. Stat. § 46: 56, all records of
reports of child abuse or neglect are confidential.
Persons or Entities Allowed Access to Records
Rev. Stat. § 46:56
Attorneys who are appointed by a court to represent the
sole interest of the children
Court-appointed special advocates
Foster parents where such information is necessary for the
foster parents to properly care for the child
A court when it is necessary determination of an issue
before it
Hospitals, clinics, or schools
Counterpart agencies in other States engaged in delivering
family and children's services
Local, State, and Federal law enforcement agencies,
including but not limited to military authorities, probation officers,
district attorneys, and coroners
The Louisiana State Board of Dentistry and the Louisiana
State Board of Medical Examiners
A child abuse citizens' review panel or a State child
fatality review panel
An agency engaged in rendering services or treatment to a
recipient or former recipient of the department's services
An agency engaged in enforcing the child abuse and neglect
law or prosecuting perpetrators of acts against children in violation of the
criminal statutes of this State or of another State or of Federal criminal
statutes
A person who is engaged in bona fide professional,
academic, or scholarly research
A duly authorized person conducting an audit of the
department
A former foster child or his or her legal tutor if the
release of such information is in the best interest of the former foster
child
An examining physician who reasonably believes that a child
has been abused or neglected
A committee or subcommittee of the legislature that has
subject matter jurisdiction over child protection legislation
When Public Disclosure of Records is Allowed
Citation: Rev. Stat. § 46:56
Notwithstanding any other provision of this section, limited public
disclosure of information contained in a report of child abuse and neglect
shall be made in the following circumstances:
When information concerning an incident of abuse or neglect
has been made public through media reports, the department shall disclose
the following information:
o
Whether or not the department has a report in its
possession
o
Any action taken by the department, provided that names or
other information contained in a departmental report concerning any
individual's identity shall not be disclosed, notwithstanding whether or not
such information is otherwise available
Information related to a child fatality or near fatality in
which abuse or neglect was medically determined by an examining physician to
be a contributing factor in the cause of death or near fatality shall be
disclosed.
This paragraph shall not apply when the local district
attorney requests that certain information not be released due to a pending
criminal investigation or prosecution. All information, including but not
limited to the departmental case records, shall be available to the local
district attorney for inspection.
Use of Records for Employment Screening
Citation: Rev. Stat. § 46:56
Upon written request of a caregiver, the department shall disclose limited
information contained in child abuse or neglect records or reports to an
employer or prospective employer of a person who will be exercising
supervisory authority over that employer's minor children or other dependent
person as part of that person's employment as a caregiver.
Maine
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: Tit. 22, § 4008
All department records that contain personally identifying
information and are created or obtained in connection with the department's
child protective activities and activities related to a child while in the
care or custody of the department are confidential and subject to release
only [as permitted by statute].
Within the department, the records shall be available only
to and used by appropriate departmental personnel and legal counsel for the
department in carrying out their functions.
Persons or Entities Allowed Access to Records
Tit. 22, § 4008
An agency or person investigating a report of child abuse
or neglect
A physician who reasonably suspects that a child may be
abused or neglected
A child named in a report, the child's parent or custodian,
or the subject of the report
A person having the legal responsibility or authorization
to educate, care for, or supervise a child
A parent or custodian who is the subject of a record
A member of a panel appointed to review child deaths and
serious injuries
Any person engaged in bona fide research
Any agency or department involved in licensing or approving
homes for, or the placement of, children or dependent adults
The representative designated to provide child welfare
services by the tribe of an Indian child
A person making a report of suspected abuse or neglect
The guardian ad litem of a child named in a report
A court when it is necessary for the determination of any
issue before it
A grand jury when it is necessary in the conduct of its
official business
An appropriate State executive or legislative official with
responsibility for child protection services
The protection and advocacy agency for persons with
disabilities, in connection with investigations conducted in accordance with
law
Prospective adoptive parents
A person having the legal authorization to evaluate or
treat a child, parent, or custodian who is the subject of a record
Any government entity that needs such information in order
to carry out its responsibilities to protect children from abuse and
neglect, including a Federal entity, a State entity of any State, or a local
government entity of any State or locality
A juvenile court when the child who is the subject of the
records has been brought before the court
When Public Disclosure of Records is Allowed
Citation: Tit. 22, § 4008-A
Notwithstanding any other provision of law, the commissioner, with the
advice of the Attorney General, may disclose information regarding the abuse
or neglect of a child and the investigation of and any services related to
the abuse and neglect if the commissioner determines that such disclosure is
not contrary to the best interests of the child, the child's siblings, or
other children in the household, and any one of the following factors is
present:
The alleged perpetrator of the abuse or neglect has been
charged with committing a crime related to the allegation of abuse or
neglect maintained by the department.
A judge, a law enforcement agency official, a district
attorney, or another State or local investigative agency or official has
publicly disclosed the provision of child welfare services or the
investigation by child welfare services of the abuse or neglect of the
child.
An individual who is the parent, custodian, or guardian of
the victim or a child victim over 14 years of age has made a prior knowing,
voluntary, public disclosure.
The child named in the report has died.
Use of Records for Employment Screening
Citation: Tit. 22, § 4008
The department shall disclose relevant information in the records to the
Commissioner of Education when the information concerns teachers and other
professional personnel, persons employed by schools, or any employees of
schools operated by the Department of Education.
Maryland
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: Fam. Law § 5-707
The Administration shall provide by regulation procedures for protecting the
confidentiality of reports and records made in accordance with this subtitle
and conditions under which information may be released.
Persons or Entities Allowed Access to Records
Fam. Law § 5-714
The protective services staff of the Social Services
Administration
The protective services staffs of local departments who are
investigating a report of suspected abuse or neglect
Law enforcement personnel who are investigating a report of
suspected abuse or neglect
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Citation: Fam. Law § 5-714
Unless a person has been found guilty of any criminal charge arising out of
the alleged abuse or neglect, or has been found responsible for indicated
abuse or neglect, information in a central registry may not be used as a
sole basis for responding to any request for background information for
employment or voluntary service.
Massachusetts
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: Ch. 119, §§ 51E & 51F
The department shall maintain a file of the written reports
prepared pursuant to this section and §§ 51A to 51D, inclusive. Such written
reports shall be confidential.
The department shall maintain a central registry of
information sufficient to identify children whose names are reported
pursuant to §§ 51A or 51B. Data and information relating to individual cases
in the central registry shall be confidential and shall be made available
only with the approval of the commissioner or upon court order.
Persons or Entities Allowed Access to Records
Ch. 119, § 51E
The child's parent, guardian, or counsel
The reporting person or agency
The appropriate review board
A social worker assigned to the case
Any other person who has the written and informed consent
of the child's parent or guardian, the written approval of the commissioner,
or an order of a court of competent jurisdiction
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Not addressed in statutes reviewed
Michigan
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 722.627
Unless made public as specified information released under § 722.627d, a
written report, document, or photograph filed with the department is a
confidential record available only to one of the entities listed below.
Persons or Entities Allowed Access to Records
§ 722.627
A public or private child protective agency investigating a
report
A police or other law enforcement agency investigating a
report
A physician who reasonably suspects that a child may be
abused or neglected
A person legally authorized to place a child in protective
custody when he or she reasonably suspects a child may be abused or
neglected
A person, agency, or organization, including a
multidisciplinary case consultation team, authorized to diagnose, care for,
treat, or supervise a child or family who is the subject of a report, or who
is responsible for the child's health or welfare
A person named in the report or record as a perpetrator or
alleged perpetrator of the child abuse or neglect or a victim who is an
adult at the time of the request
A court when it is necessary to determine an issue before
it
A grand jury when it is necessary to conduct its official
business
A person, agency, or organization engaged in a bona fide
research or evaluation project
A lawyer-guardian ad litem or other attorney
A licensed child-placing agency or circuit court staff for
the purpose of investigating an applicant for adoption or foster care, an
adult member of an applicant's household, or other persons in a foster care
or adoptive home who are directly responsible for the care and welfare of
children, to determine suitability of a home for adoption or foster care
A standing or select committee or appropriations
subcommittee of either house of the legislature having jurisdiction over
child protective services matters
The children's ombudsman
A child fatality review team
A county medical examiner or deputy county medical examiner
A citizen review panel
A childcare regulatory agency
A foster care review board
When Public Disclosure of Records is Allowed
Citation: § 722.627d
The director may release specified information under this section if there
is clear and convincing evidence that either of the following is true:
The release of the specified information is in the best
interest of the child to whom the information relates.
The release of the specified information is not in conflict
with the best interest of the child to whom the information relates, and one
or more of the following are true:
o
The release is in the best interest of a member of the
child's family or of an individual who resides in the same home in which the
child resides. The child's family includes the child's parents, legal
guardians, grandparents, and siblings.
o
The release clarifies actions taken by the department on a
specific case.
o
The report or record concerns a child who has died or
concerns a member of that child's family.
o
All or part of the report or record is publicly disclosed
in a judicial proceeding.
o
A child abuse or neglect complaint or investigation to
which the report or record relates has been part of the subject matter of a
published or broadcast media story.
o
The report or record concerns a substantiated report of
sexual abuse, serious injury, or life threatening harm involving the child
or a sibling of the child identified in the request.
Use of Records for Employment Screening
Not addressed in statutes reviewed
Minnesota
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 626.556, Subd. 11
All records concerning individuals maintained by a local welfare agency or
agency responsible for assessing or investigating the report under this
section shall be private data on individuals.
Persons or Entities Allowed Access to Records
§ 626.556, Subd. 7, 10g, 10i, 10j, & 11
Local social services agencies or agency responsible for
assessing or investigating a report
Local police department or county sheriff
County medical examiners or county coroners
A prosecuting authority
Individual subject of a report
A court services agency if the agency has an active case
involving the same person or persons
The legislator auditor
The commissioner of education
The Child Maltreatment Review Panel
Social services agency or law enforcement agency of another
State
Mandated reporters who have an ongoing responsibility for
the health, education, or welfare of a child affected by the data, in the
best interests of the child. This may include:
o
The child's teachers or other appropriate school personnel
o
Foster parents
o
Health care providers
o
Respite care workers
o
Therapists
o
Social workers
o
Childcare providers
o
Residential care and crisis nursery staff
o
Probation officers
o
Court services personnel
When Public Disclosure of Records is Allowed
Citation: § 626.556, Subd. 11d
A public agency shall disclose to the public, upon request, the findings and
information related to a child fatality or near fatality if:
A person is criminally charged with having caused the child
fatality or near fatality
A county attorney certifies that a person would have been
charged with having caused the child fatality or near fatality but for that
person's death
Use of Records for Employment Screening
Not addressed in statutes reviewed
Mississippi
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: §§ 43-21-257; 43-21-261
Any record involving children, including valid and invalid
complaints, and the contents thereof maintained by the Department of Human
Services, or any other State agency, shall be kept confidential and shall
not be disclosed except as provided by law.
The central registry shall be confidential and shall not be
open to public inspection.
Records involving children shall not be disclosed, other
than to necessary staff of the youth court, except pursuant to an order of
the youth court specifying the person or persons to whom the records may be
disclosed, the extent of the records that may be disclosed, and the purpose
of the disclosure.
Persons or Entities Allowed Access to Records
§ 43-21-261
Court orders for disclosure shall be limited to those instances in which the
youth court concludes, in its discretion, that disclosure is required for
the best interests of the child, the public safety, or the functioning of
the youth court and then only to the following persons:
The judge of another youth court or member of another youth
court staff
The court of the parties in a child custody or adoption
cause in another court
A judge of any other court or members of another court
staff
A public or private agency providing supervision or having
custody of the child
Any person engaged in bona fide research
The Mississippi Employment Security Commission for the
purpose of a child's enrollment into the Job Corps Training Program
Any person, pursuant to a finding by a judge of the youth
court of compelling circumstances affecting the health or safety of a child
and that such disclosure to this person is in the best interests of the
child
The parent, guardian, or custodian of the child who is the
subject of a youth court case or any attorney for such person
The youth court prosecutor, the county attorney, the
district attorney, the youth court defender, or any attorney representing a
child
A court of competent jurisdiction
Any attorney, physician, dentist, intern, resident, nurse,
psychologist, social worker, child protection specialist, childcare giver,
minister, law enforcement officer, or public or private school employee
making the report if the reporter has a continuing professional relationship
with the child and a need for such information in order to protect or treat
the child
Any interagency child abuse task force
Any member of a foster care review board
When Public Disclosure of Records is Allowed
Citation: § 43-21-261
In every case where there is any indication or suggestion
of either abuse or neglect and a child's physical condition is medically
labeled as medically 'serious' or 'critical' or a child dies, the
confidentiality provisions of this section shall not apply.
In cases of child deaths, the following information may be
released by the Mississippi Department of Human Services:
o
The child's name, address, or location
o
Verification from the Department of Human Services of case
status (no case or involvement, case exists, open or active case, case
closed)
o
If a case exists, the type of report or case (physical
abuse, neglect, etc.), date of intake(s) and investigation(s), and case
disposition (substantiated or unsubstantiated)
Notwithstanding the above, the confidentiality provisions
of this section shall continue if there is a pending or planned
investigation by any local, State, or Federal governmental agency or
institution.
Use of Records for Employment Screening
Citation: § 43-21-257
The Mississippi State Department of Health may release the findings of
investigations into allegations of abuse within licensed daycare centers to
any parent of a child who is enrolled in the daycare center at the time of
the alleged abuse or at the time the request for information is made. The
findings of any such investigation may also be released to parents who are
considering placing children in the daycare center.
Missouri
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 210.150
The children's division shall ensure the confidentiality of
all reports and records maintained by the division, its local offices, the
central registry, and other appropriate persons, officials, and
institutions.
To protect the rights of the family and the child named in
the report as a victim, the children's division shall establish guidelines
that will ensure that any disclosure of information concerning the abuse and
neglect involving that child is made only to persons or agencies that have a
right to such information.
Persons or Entities Allowed Access to Records
§ 210.150
Appropriate Federal, State, or local criminal justice
agency personnel
A physician who reasonably believes that the child being
examined may be abused or neglected
Appropriate staff of the division and of its local offices,
including interdisciplinary teams
Any child named in the report as a victim, or a legal
representative, or the parent, if not the alleged perpetrator, or guardian
of such person when such person is a minor
Any alleged perpetrator named in the report
A grand jury, juvenile officer, prosecuting attorney, or
law enforcement officer involved in the investigation of child abuse or
neglect
A juvenile court or other court
Other Federal, State, and local government entities
Any person engaged in bona fide research
Any child fatality review panel
Appropriate staff of the division
Appropriate criminal justice agency personnel or juvenile
officer
Multidisciplinary agency
An individual including a physician or physician's designee
who is providing services to the child or family
When Public Disclosure of Records is Allowed
Citation: § 210.150
Nothing in this section shall preclude the release of findings or
information about cases that resulted in a child fatality or near fatality.
Such release is at the sole discretion of the director of the Department of
Social Services, based upon a review of the potential harm to other children
within the immediate family.
Use of Records for Employment Screening
Citation: § 210.150
The following may request an examination of the central registry:
Any childcare facility, child-placing agency,
residential-care facility, including group homes, juvenile courts, public or
private schools, or any other public or private agency exercising temporary
supervision over a child or providing or having care or custody of a child,
for all employees, volunteers, or prospective employees and volunteers who
do or will provide services or care to children
Any agency or business that provides training and places or
recommends people for employment or for volunteers in positions where they
will provide services or care to children
Any parent or legal guardian about a specific person or
childcare facility who does or may provide services or care to his or her
child
Any person who inquires about a specific childcare
facility, child-placing agency, residential-care facility, public and
private schools, juvenile court or other State agency
Any State agency regarding a license of any person,
institution, or agency that provides care for or services to children
Montana
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 41-3-205
The case records of the department and its local affiliate, the local office
of public assistance, the county attorney, and the court concerning actions
taken under this chapter and all records concerning reports of child abuse
and neglect must be kept confidential except as provided by this section.
Persons or Entities Allowed Access to Records
§ 41-3-205
A court if relevant to an issue before it
A department, agency, or organization, including a Federal
agency, military enclave, or Indian tribal organization, that is legally
authorized to receive, inspect, or investigate reports of child abuse or
neglect
A licensed youth care facility or child-placing agency that
is providing services to the family or child who is the subject of a report
for the purpose of determining the best interests of a child with respect to
an adoptive placement
A health or mental health professional who is treating the
family or child who is the subject of a report
A parent, guardian, person designated by a parent or
guardian, or other person responsible for the child's welfare
A child named in the records or the child's legal guardian
or legal representative, including the child's guardian ad litem,
attorney, or special advocate
The State protection and advocacy program
Approved foster and adoptive parents who are or may be
providing care for a child
A person named in a report and that person's attorney
An agency, including a probation or parole agency, that is
legally responsible for the supervision of an alleged perpetrator of child
abuse or neglect
A person, agency, or organization that is engaged in a
bona fide research or evaluation project
The members of an interdisciplinary child protective team
or a family group decision-making meeting for the purposes of assessing the
needs of the child and family, formulating a treatment plan, and monitoring
the plan
The coroner or medical examiner when determining the cause
of death of a child
A child fatality review team
An employee of the department or other State agency if
disclosure of the records is necessary for administration of programs
designed to benefit the child
An agency of an Indian tribe or the relatives of an Indian
child if disclosure of the records is necessary to meet requirements of the
Federal Indian Child Welfare Act
A youth probation officer who is working in an official
capacity with the child who is the subject of a report
A county attorney, peace officer, or attorney who is hired
by or represents the department
A foster care review committee or a citizen review board
A school employee participating in an interview of a child
by a social worker, county attorney, or peace officer
A member of a county interdisciplinary child information
team
Members of a local interagency staffing group
A member of a youth placement committee
A principal of a school or other employee of the school
district with respect to a student of the district who is a client of the
department
When Public Disclosure of Records is Allowed
Citation: § 41-3-205
The court may permit public disclosure [of records it has
reviewed] if it finds disclosure to be necessary for the fair resolution of
an issue before it.
Records may be disclosed to the news media, a member of the
United States Congress, or a State legislator, if disclosure is limited to
confirmation of factual information regarding how the case was handled and
if disclosure does not violate the privacy rights of the child or the
child's parent or guardian, as determined by the department.
Use of Records for Employment Screening
Citation: § 41-3-205
Records may be disclosed to:
A department or agency investigating an applicant for a
license or registration that is required to operate a youth care facility,
daycare facility, or child-placing agency
A person or entity who is carrying out background,
employment-related, or volunteer-related screening of current or prospective
employees or volunteers who have or may have unsupervised contact with
children through employment or volunteer activities
Nebraska
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 28-725
All records of the department concerning reports of noninstitutional child
abuse or neglect, including reports made to the department or central
register, and all records of the department generated as a result of such
reports, shall be confidential and shall not be disclosed except as
specifically authorized.
Persons or Entities Allowed Access to Records
§§ 28-722; 28-726; 28-727
A subject of a report or, if such subject is a minor or
otherwise legally incompetent, the guardian or guardian ad litem of
the person
A law enforcement agency investigating a report of known or
suspected abuse or neglect
A county attorney in preparation of an abuse, neglect, or
termination petition
A physician who reasonably suspects that a child may be
abused or neglected
An agency having the legal responsibility or authorization
to care for, treat, or supervise an abused or neglected child
A parent, a guardian, or other person responsible for the
abused or neglected child's welfare who is the subject of a report
Any person engaged in bona fide research or auditing
The State Foster Care Review Board when the records relate
to a child in a foster care placement
The designated protection and advocacy system, acting upon
a complaint received from or on behalf of a person with developmental
disabilities or mental illness
The person or persons having custody of the abused or
neglected child in situations of alleged out-of-home abuse or neglect
A mandated reporter who made a report of abuse involving
the subject child
When Public Disclosure of Records is Allowed
Citation: § 28-735
Notwithstanding any other provision of law, the Department of Health and
Human Services shall disclose to the public, upon request, a summary of the
findings and information related to a child fatality or near fatality if:
A person is criminally charged with having caused the child
fatality or near fatality and is convicted or acquitted of the charged
offense or a lesser offense.
A county attorney certifies that a person would have been
charged with having caused the child fatality or near fatality but for that
person's prior death.
Use of Records for Employment Screening
Citation: § 28-726
The Department of Health and Human Services Regulation and Licensure may
access the records for the purpose of licensing providers of childcare
programs.
Nevada
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 432B.280
Reports made pursuant to this chapter, as well as all records concerning
these reports and investigations thereof, are confidential.
Persons or Entities Allowed Access to Records
§ 432B.290
A physician who has reasonable cause to believe that a
child has been abused or neglected
A person authorized to place a child in protective custody
who requires the information to determine whether to place the child in
protective custody
An agency, including an agency in another jurisdiction,
responsible for or authorized to undertake the care, treatment, or
supervision of the child or the person responsible for the welfare of the
child
A district attorney or other law enforcement officer who
requires the information for an investigation or prosecution of the abuse or
neglect of a child
A court when it is necessary for the determination of an
issue before it
A person engaged in bona fide research or an audit
The attorney and the guardian ad litem of the child
A grand jury when it is necessary in the conduct of its
official business
A Federal, State, or local governmental entity when needed
to carry out its legal responsibilities to protect children from abuse and
neglect
A person or an organization that has entered into a written
agreement with an agency that provides child welfare services to provide
assessments or services
A child protection team
A child death review team
A parent or legal guardian of the child and an attorney of
a parent or guardian of the child
The persons who are the subject of a report
An agency that is authorized by law to license foster homes
or facilities for children or to investigate persons applying for approval
to adopt a child
Upon written consent of the parent, any officer of this
State, city, or county, or legislator when needed to investigate the
activities or programs of an agency that provides child welfare services
The division of parole and probation for use in making a
presentence investigation and report to the district court or in making a
general investigation and report
Any mandated reporter who made a report of abuse involving
the subject child
The rural advisory board or a local advisory board to
expedite proceedings for the placement of children
The panel established pursuant to § 432B.396 to evaluate
agencies that provide child welfare services
When Public Disclosure of Records is Allowed
Citation: § 432B.290
Data or information concerning reports and investigations
may be made available to any member of the general public if the child who
is the subject of a report dies or is critically injured as a result of
alleged abuse or neglect, except that the data or information which may be
disclosed is limited to:
o
The fact that a report of abuse or neglect has been made
and, if appropriate, a factual description of the contents of the report
o
Whether an investigation has been initiated and the result
of a completed investigation
o
Such other information as is authorized for disclosure by a
court
An agency that provides child welfare services shall not
disclose data or information if the agency determines that the disclosure is
not in the best interests of the child or if disclosure of the information
would adversely affect any pending investigation concerning a report.
Upon petition, a court of competent jurisdiction may
authorize the disclosure of additional information to the public if good
cause is shown by the petitioner for the disclosure of the additional
information.
Use of Records for Employment Screening
Not addressed in statutes reviewed
New
Hampshire
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: §§ 169-C:35; 170-G:8-a
Records in the State registry shall be confidential and
subject to rules on access established by the commissioner of the department
under RSA 541-A.
The case records of the department shall be confidential.
Persons or Entities Allowed Access to Records
§ 170-G:8-a
The child and the parent, guardian, or custodian of the
child named in the case record
Another member of the family of the child named in the case
record, if disclosure is necessary for the provision of services to the
child or other family member
Employees of the department and their legal counsel
Persons made parties to judicial proceedings in New
Hampshire relative to the child or family, whether civil or criminal,
including the court with jurisdiction over the proceeding, any attorney for
any party, and any guardian ad litem
A grand jury when it is necessary in the conduct of its
official business
The relevant county
A person or entity requested by the department or ordered
by the court to perform an evaluation or assessment, to create a service
plan, or to provide services for the child, the child's family, or a member
of the child's family
The superintendent of schools for the school district in
which the child named in the case record is or will be attending school
The person or entity with whom the child resides, if that
person is not the child's parent, guardian, or custodian
A physician who reasonably suspects that a child may be
abused or neglected
A law enforcement official who reasonably suspects that a
child may be abused or neglected, and who is participating with the
department in a joint investigation
A State official who is responsible for the provision of
services to children and families
A legislative official who has been granted specific
responsibility for oversight of legislation related to the provision of
services to children and families
A person conducting a bona fide research or
evaluation project
Any person making a report of suspected child abuse or
neglect
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Citation: § 170-G:8-c
The department shall, prior to adding new or transferred staff members whose
job descriptions would cause them to come into direct contact with children,
submit the names, birth names, birth dates, and addresses of such
individuals for review against the state registry of founded abuse and
neglect reports.
New Jersey
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 9:6-8.10a
All records of child abuse reports, all information obtained by the
Department of Human Services in investigating such reports, and all reports
of findings forwarded to the child abuse registry shall be kept
confidential.
Persons or Entities Allowed Access to Records
§ 9:6-8.10a
A child protective agency or law enforcement agency
investigating a report of child abuse or neglect
A physician who reasonably suspects that a child may be
abused or neglected
Any person authorized to place a child in protective
custody when needed to determine whether to place a child in protective
custody
An agency authorized to care for, treat, assess, evaluate,
or supervise a child who is the subject of a child abuse report, or a
parent, guardian, resource family parent or other person who is responsible
for the child's welfare, or both, when the information is needed in
connection with the provision of care, treatment, assessment, evaluation, or
supervision to such child or such parent, guardian, resource family parent
A court or the Office of Administrative Law when it is
necessary for determination of an issue before it
The law guardian, attorney, or other appropriate person
when it is necessary for determination of an issue before the court or the
Office of Administrative Law
A grand jury when it is necessary in the conduct of its
official business
Any appropriate State legislative committee acting in the
course of its official functions
The Victims of Crime Compensation Board, for the purpose of
providing services to a child victim who is the subject of a report
Any person appealing a department service or status action
or a substantiated finding of child abuse or neglect and his or her attorney
or authorized lay representative
The members of a county multidisciplinary team
A person being evaluated by the department or the court as
a potential caregiver to determine whether that person is willing and able
to provide the care and support required by the child
The legal counsel of a child, parent, or guardian
A person who has reported suspected child abuse or neglect
A parent, resource family parent, or legal guardian when
the information is needed in a department matter in which that parent,
resource family parent, or legal guardian is directly involved
A Federal, State, or local government entity, to the extent
necessary to carry out its responsibilities
Citizen review panels
The Child Fatality and Near Fatality Review Board
Members of a family team or other case planning group for
the purpose of addressing the child's safety, permanency, or well-being
A child who is the subject of a report, as appropriate to
the child's age or condition, to enable the child to understand the basis
for the department's involvement
Any person engaged in bona fide research
When Public Disclosure of Records is Allowed
Citation: § 9:6-8.10a
The department may disclose to the public the findings or information about
a case of child abuse or neglect that has resulted in a child fatality or
near fatality. Nothing may be disclosed that would likely endanger the life,
safety, or physical or emotional well-being of a child or the life or safety
of any other person or that may compromise the integrity of a department
investigation or a civil or criminal investigation or judicial proceeding.
Use of Records for Employment Screening
Citation: § 9:6-8.10a
Records may be accessed by:
o
A family daycare-sponsoring organization for the purpose of
providing information on child abuse or neglect allegations involving
prospective or current providers or household members and as necessary, for
use in administrative appeals related to information obtained through a
child abuse registry search
o
Any person or entity mandated to consider child abuse or
neglect information when conducting a background check or employment-related
screening of an individual employed by or seeking employment with an agency
or organization providing services to children
o
Any person or entity conducting a disciplinary,
administrative, or judicial proceeding to determine terms of employment or
continued employment of an officer, employee, or volunteer with an agency or
organization providing services for children
The department shall release records and reports to a
unified childcare agency for the purpose of providing information on child
abuse or neglect allegations involving a prospective approved home provider
or any adult household member to a child's parent when the information is
necessary for the parent to make a decision concerning the placement of the
child in an appropriate childcare arrangement.
New Mexico
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 32A-4-33
All records concerning a party to a neglect or abuse proceeding, including
social records, diagnostic evaluation, psychiatric or psychological reports,
videotapes, transcripts and audio recordings of a child's statement of
abuse, or medical reports, that are in the possession of the court or the
department as the result of a neglect or abuse proceeding or that were
produced or obtained during an investigation in anticipation of or incident
to a neglect or abuse proceeding shall be confidential and closed to the
public.
Persons or Entities Allowed Access to Records
§ 32A-4-33
Court personnel
Court appointed special advocates
The child's guardian ad litem
Department personnel
Any local substitute care review board or any agency
contracted to implement local substitute care review boards
Law enforcement officials
District attorneys
Any State government social services agency in any State
Persons or entities of an Indian tribe specifically
authorized to inspect the records
A foster parent, if the records concern the social,
medical, psychological, or educational needs of a child currently placed or
being considered for placement with that foster parent
School personnel if the records concern the child's social
or educational needs
Health care or mental health professionals involved in the
evaluation or treatment of the child, the child's parents, guardian,
custodian, or other family members
Protection and advocacy representatives
Children's safehouse organizations conducting investigatory
interviews of children on behalf of a law enforcement agency or the
department
Any other person or entity, by order of the court, having a
legitimate interest in the case or the work of the court
A parent, guardian, or legal custodian whose child has been
the subject of an investigation of abuse or neglect
When Public Disclosure of Records is Allowed
Citation: § 32A-4-33
When a child's death is allegedly caused by abuse or neglect, the department
may release information about the case after consultation with and the
consent of the district attorney.
Use of Records for Employment Screening
Not addressed in statutes reviewed
New York
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: Soc. Serv. Law § 422
Reports made pursuant to this title as well as any other information
obtained, reports written, or photographs taken concerning such reports in
the possession of the department, local departments, or the commission on
quality of care for the mentally disabled, shall be confidential and shall
only be made available to persons listed below.
Persons or Entities Allowed Access to Records
Soc. Serv. Law § 422
A physician who reasonably suspects that a child may be
abused or maltreated
A person authorized to place a child in protective custody
when it is needed to determine whether to place the child in protective
custody
A duly authorized agency having the responsibility for the
care or supervision of a child who is reported to the central register
Any person who is the subject of the report or other
persons named in the report
A court when it is necessary for the determination of an
issue before it
A grand jury when it is necessary for the determination of
charges
Any appropriate State legislative committee responsible for
child protective legislation
Any person engaged in bona fide research
A provider agency or a licensing agency
The State commission on quality of care for the mentally
disabled in connection with an investigation being conducted by the
commission
A probation service conducting an investigation where there
is reason to suspect the child or the child's sibling may have been
maltreated and such child or sibling, parent, guardian, or other person
legally responsible for the child is a person named in an indicated report
A district attorney, an assistant district attorney,
investigator, an officer of the State police, the regional State park
police, a city police department, or a sheriff's office when such
information is necessary to conduct a criminal investigation or prosecution
of a person
The New York city department of investigation
A provider or coordinator of services to which a child or a
child's family have been referred when it is necessary to enable the
provider or coordinator to establish and implement a plan of service for the
child or the child's family, to monitor the provision and coordination of
services, or to directly provide services
A disinterested person making an adoption investigation
A criminal justice agency conducting an investigation of a
missing child where there is reason to suspect such child or such child's
sibling, parent, guardian, or other person legally responsible for such
child is a person named in an indicated report of child maltreatment and
that such information is needed to further such investigation
The director or operator of the residential facility or
program where a child may be placed
A child protective service of another State when necessary
to conduct a child abuse investigation within its jurisdiction
A law guardian appointed to represent the child
A childcare resource and referral program
Officers and employees of the State comptroller, the city
comptroller of the city of New York, or the county officer for purposes of a
duly authorized performance audit
Members of a local or regional fatality review team, a
local or regional multidisciplinary investigative team, or a citizen review
panel
When Public Disclosure of Records is Allowed
Citation: Soc. Serv. Law § 422-a
A commissioner may disclose information regarding the abuse or maltreatment
of a child when such disclosure shall not be contrary to the best interests
of the child, the child's siblings, or other children in the household, and
any one of the following factors are present:
The subject of the report has been charged with committing
a crime related to a report maintained in the statewide central register.
The investigation of the abuse or maltreatment of the child
by the local child protective service or the provision of services by such
service has been publicly disclosed in a report required to be disclosed in
the course of their official duties, by a law enforcement agency or
official, a district attorney, any other State or local investigative agency
or official, or by a judge of the unified court system.
There has been a prior knowing, voluntary, public
disclosure by an individual concerning a report of child abuse or
maltreatment in which such individual is named as the subject of the report.
The child named in the report has died, or the report
involves the near fatality of a child.
Use of Records for Employment Screening
Citation: Soc. Serv. Law § 422
Chief executive officers of authorized agencies, directors of daycare
centers, and directors of facilities operated or supervised by the
Department of Education, the Division for Youth, the Office of Mental
Health, or the Office of Mental Retardation and Developmental Disabilities,
may access the information in records and reports in connection with a
disciplinary investigation, action, or administrative or judicial proceeding
instituted by any of such officers or directors against an employee of any
such agency, center, or facility who is the subject of an indicated report
when the incident of abuse or maltreatment contained in the report occurred
in the agency, center, facility, or program, and the purpose of such
proceeding is to determine whether the employee should be retained or
discharged.
North
Carolina
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 7B-311
The data [in the central registry] shall be furnished by county directors of
social services to the Department of Health and Human Services and shall be
confidential, subject to policies adopted by the Social Services Commission
providing for its use for study and research and for other appropriate
disclosure.
Persons or Entities Allowed Access to Records
Not addressed in statutes reviewed.
When Public Disclosure of Records is Allowed
Citation: § 7B-2902
Notwithstanding any other provision of law, a public agency
shall disclose to the public, upon request, the findings and information
related to a child fatality or near fatality if:
o
A person is criminally charged with having caused the child
fatality or near fatality.
o
The district attorney has certified that a person would be
charged with having caused the child fatality or near fatality but for that
person's prior death.
Nothing herein shall be deemed to authorize access to the
confidential records in the custody of a public agency, or the disclosure to
the public of the substance or content of any psychiatric, psychological, or
therapeutic evaluations or like materials or information pertaining to the
child or the child's family unless directly related to the cause of the
child fatality or near fatality, or the disclosure of information that would
reveal the identities of persons who provided information related to the
suspected abuse, neglect, or maltreatment of the child.
Within five working days from the receipt of a request for
findings and information related to a child fatality or near fatality, a
public agency shall consult with the appropriate district attorney and
provide the findings and information unless the agency has a reasonable
belief that release of the information:
o
Is not authorized by State law
o
Is likely to cause mental or physical harm or danger to a
minor child residing in the deceased or injured child's household
o
Is likely to jeopardize the State's ability to prosecute
the defendant
o
Is likely to jeopardize the defendant's right to a fair
trial
o
Is likely to undermine an ongoing or future criminal
investigation
o
Is not authorized by Federal law and regulations
Use of Records for Employment Screening
Not addressed in statutes reviewed
North
Dakota
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 50-25.1-11
All reports made under this chapter, as well as any other information
obtained, are confidential and must be made available to persons listed
below.
Persons or Entities Allowed Access to Records
§ 50-25.1-11
A physician who reasonably suspects that a child may have
been abused or neglected
A person who is authorized to place a child in protective
custody when needed to determine whether to place the child in protective
custody
Authorized staff of the department, appropriate county
social service boards, and appropriate State and local child protection team
members
Any person who is the subject of a report
Public officials and their authorized agents who require
the information in connection with the discharge of their official duties
A court when it is necessary for the determination of an
issue before it
A person engaged in bona fide research
A mandated reporter who has made a report of suspected
child abuse or neglect, if the child is likely to or continues to come
before the reporter in his or her official or professional capacity
Parents or a legally appointed guardian of a child who is
suspected of being, or having been, abused or neglected
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Not addressed in statutes reviewed
Northern
Mariana Islands
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: Tit. 6, § 5325
All written reports as well as any other information obtained concerning
alleged instances of child abuse or neglect shall be confidential and shall
only be made available to persons listed below.
Persons or Entities Allowed Access to Records
Tit. 6, § 5325
An official of the Division of Youth Services in the course
of his or her duties
A physician who reasonably suspects that a child may be
abused or neglected
A guardian ad litem for the child
A court of competent jurisdiction
The Department of Health and Human Services and the
Comptroller General of the United States or any of their representatives
When Public Disclosure of Records is Allowed
Not addressed in the statutes reviewed
Use of Records for Employment Screening
Not addressed in the statutes reviewed
Ohio
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 2151.421
Except as provided below, a report made under this section is confidential.
The information provided in a report made pursuant to this section and the
name of the person who made the report shall not be released for use and
shall not be used as evidence in any civil action or proceeding brought
against the person who made the report.
Persons or Entities Allowed Access to Records
§ 2151.421
In a criminal proceeding, the report is admissible as
evidence in accordance with the Rules of Evidence and is subject to
discovery in accordance with the Rules of Criminal Procedure.
If the child who is the subject of the report dies for any
reason at any time after the report is made, but before the child attains 18
years of age, the public children services agency or municipal or county
peace officer to which the report was made or referred, on the request of
the child fatality review board, shall submit a summary of the report to the
review board of the county in which the deceased child resided at the time
of death.
On the request of the review board, the agency or peace
officer may, at its discretion, make the report available to the review
board.
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Not addressed in statutes reviewed
Oklahoma
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: Tit. 10, § 7111
Data and information maintained and related to individual cases shall be
confidential and shall be made available only as authorized by State or
Federal law.
Persons or Entities Allowed Access to Records
Tit. 10, § 7005-1.4
The court having the child currently before it in any
proceeding, and district court or tribal court to which such proceedings may
be transferred
The guardian ad litem
Postadjudicatory review boards
Court-appointed special advocates
Members of the Child Death Review Board
Any district court that has ordered a home study by the
Department
A district attorney, United States Attorney, or Attorney
General of this or another State
The attorney representing a child who is the subject of a
proceeding
Employees of juvenile bureaus in the course of their
official duties
A law enforcement agency of this or another State
A child protective service agency of another State or
federally recognized Indian tribe in the course of their official duties
The Oklahoma Commission on Children and Youth
The Office of Juvenile Affairs
Members of multidisciplinary teams
A physician who reasonably suspects that a child may be
abused or neglected
Any health care or mental health professionals involved in
the evaluation or treatment of the child
The child's parents, legal guardian, custodian, or other
family members
Any agency or person authorized by the department to
diagnose or provide care, treatment, supervision, or other services to a
child who is the subject of a report
Any federally recognized Indian tribe or State or county
child protective services or child welfare agency providing for or
supervising the diagnosis, care, treatment, supervision, or other services
provided to the child
Any person or agency for research purposes
A foster parent, with regard to records concerning the
social, medical, psychological, or educational needs of a child currently
placed with that foster parent or of a child being considered for placement
with that foster parent
The Governor or any person the Governor designates
Any Federal official of the United States Department of
Health and Human Services
The Oklahoma Health Care Authority
Any member of the legislature
Any person or agency authorized to receive information
pertaining to a child who is the subject of an adoption proceeding or
relatives who are related to such child
Employees of any State or Federal corrections or law
enforcement agency in the performance of their official duties concerning
presentence investigations or supervision of a parent of an alleged or
adjudicated deprived child or the legal guardian, custodian, or any other
adult member of the child's home who is responsible for the care of the
child
An employee of a State agency of this or another State in
the performance of such employee's official duties concerning the
establishment of paternity, the establishment or enforcement of a child
support order, or other entitlement for the benefit of a child
When Public Disclosure of Records is Allowed
Citation: Tit. 10, § 7005-1.4
In cases involving the death or near death of a child when
a person responsible for the child has been charged with committing a crime
resulting in the child's death or near death, there shall be a presumption
that the best interest of the public will be served by public disclosure of
certain information concerning the circumstances of the investigation of the
death or near death of the child, and any other investigations concerning
that child or other children living in the same household.
At any time subsequent to 7 days of the date the person
responsible for the child has been criminally charged, the Department of
Human Services, the Oklahoma Commission on Children and Youth, or the
district attorney may release the following information to the public:
o
Confirmation that a report has been made concerning the
alleged victim or other children living in the same household and whether an
investigation has begun
o
Confirmation as to whether previous reports have been made
and the dates thereof, a summary of those previous reports, the dates and
outcome of any investigations or actions taken by the Department of Human
Services in response to any report of child abuse or neglect, and any
actions taken by the district attorney after submission of any investigative
report
o
The dates of any judicial proceedings prior to the child's
death or near death, a summary of each participant's recommendations made at
the judicial proceedings, and the rulings of the court
Use of Records for Employment Screening
Not addressed in the statutes reviewed
Oregon
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 419B.035
Reports and records compiled under [the reporting laws] are confidential and
are not accessible for public inspection. However, the Department of Human
Services shall make records available to the persons and entities listed
below.
Persons or Entities Allowed Access to Records
§ 419B.035
Any law enforcement agency or a child abuse registry in any
other State for the purpose of subsequent investigation of child abuse
Any physician regarding any child brought to the physician
for examination, care, or treatment
Attorneys of record for the child or child's parent or
guardian in any juvenile court proceeding
Citizen review boards
A court appointed special advocate in any juvenile court
proceeding in which it is alleged that a child has been subjected to child
abuse or neglect
The Office of Children's Advocate
Any person, administrative hearings officer, court, agency,
organization, or other entity when it is necessary to administer child
welfare services, or to investigate, prevent, or treat child abuse and
neglect, or for research
Law enforcement agencies, district attorneys, city
attorneys with criminal prosecutorial functions, and the Attorney General
when disclosure is necessary for the investigation or enforcement of laws
relating to child abuse and neglect
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Citation: § 419B.035
The Child Care Division may access records for certifying, registering, or
otherwise regulating childcare facilities.
Pennsylvania
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: 23 PCSA § 6339
Except as otherwise provided by law, reports made pursuant to this chapter,
including, but not limited to, report summaries of child abuse and neglect
written reports, as well as any other information obtained, reports written
or photographs or X-rays taken concerning alleged instances of child abuse
in the possession of the department or a county agency shall be
confidential.
Persons or Entities Allowed Access to Records
23 PCSA § 6340
An authorized official of a county agency or of an agency
of another State that performs protective services
Multidisciplinary team members assigned to the case
A physician examining or treating a child when the
physician suspects the child of being an abused child
A guardian ad litem or court designated advocate for
the child
An official or agent of the department conducting a
performance audit
A court of competent jurisdiction
A court of common pleas in connection with any matter
involving custody of a child
A standing committee of the General Assembly charged with
legislative oversight
The Attorney General or a district attorney
Federal auditors if required for Federal financial
participation in funding of agencies
Law enforcement officials of any jurisdiction, as long as
the information is relevant to an investigation
Designated county officials
A mandated reporter who made a report of abuse involving
the subject child
A prospective adoptive parent when considering adopting an
abused child in the custody of a county agency
Appropriate officials of another county or State regarding
an investigation related to child abuse or protective services when a family
has moved to that county or State
A subject of a report
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Citation: 23 PCSA § 6344
This section applies to all prospective employees of
childcare services, prospective foster parents, prospective adoptive
parents, prospective self-employed family daycare providers, and other
persons seeking to provide childcare services that involve direct contact
with children.
Administrators of childcare services shall require
applicants to submit with their applications a certification from the
department as to whether the applicant is named in the central register as
the perpetrator of a founded report of child abuse, indicated report of
child abuse, founded report for school employee, or indicated report for
school employee.
In the course of approving a prospective foster parent, a
foster family care agency shall require prospective foster parents to submit
the information set forth above.
Self-employed family daycare providers who apply for a
certificate of registration with the department shall submit with their
registration application certification from the department as to whether the
applicant is named in the central register as the perpetrator of a founded
report of child abuse.
Puerto
Rico
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: Tit. 8, § 442o
All files related to cases of protection, including the reports of any
offices or public, private, or privatized entities, that are generated in
compliance with this chapter shall be confidential and shall not be
revealed, except in those cases and under those circumstances specifically
authorized by this chapter.
Persons or Entities Allowed Access to Records
Tit. 8, § 442q
The unit of the department or the agency that renders
direct services
The Puerto Rico Police officer who investigates a referral
where abuse or neglect is suspected
The physician attending a minor suspected of being a victim
of abuse or neglect
A person legally authorized to undertake emergency custody
of a minor when needed to determine whether or not to place a minor under
custody
The agency that is legally responsible or authorized to
care for, provide treatment, or supervise the minor
The father, mother, or other person responsible for the
welfare of the minor that is the subject of the report
The guardian or the Advocate for Minors' Affairs if the
subject of the report is a minor
The court when it is necessary to decide an issue before it
Any official, including the prosecutor, responsible for the
administration, supervision, or legislation related to the prevention or
treatment of protection cases
The Citizens Advisory Board for the Protection of Minors,
the multidisciplinary professional teams, the Panel for the Review of the
Deaths of Minors, and the Permanent Plans Review Board
Any person conducting bona fide data research
The mandated reporter who made a report of abuse involving
the subject child
When Public Disclosure of Records is Allowed
Citation: Tit. 8, §§ 442o; 442q
The department shall establish the procedure to report the
findings of an investigation or about any situation of abuse, institutional
abuse, abuse through neglect and/or abuse through institutional neglect that
may have caused the death of a child, always protecting the confidential
sources of information.
No person authorized to obtain confidential information
pursuant to the provisions of this chapter, with the exception of the
subject of the report, may make said information public.
This prohibition shall not include the Prosecutors, the
Advocates for Minors' Affairs, the Family Advocates, the Special Family
Advocates for Situations Involving Abuse, Institutional Abuse, Abuse through
Neglect and/or Abuse through Institutional Neglect, or police officers, when
the information obtained is used to initiate judicial or administrative
proceedings.
Use of Records for Employment Screening
Not addressed in statutes reviewed
Rhode
Island
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: §§ 40-11-13; 42-72-8
All records concerning reports of child abuse and neglect,
including reports made to the department, shall be confidential except as
specifically provided by this chapter or § 42-72-8, or specifically
authorized by the family court in furtherance of the purposes directly
connected with this chapter.
Any records of the department pertaining to children and
their families in need of service pursuant to the provisions of this
chapter, or for whom an application for services has been made, shall be
confidential and only disclosed as provided by law.
Persons or Entities Allowed Access to Records
§ 42-72-8
The attorney general when the office is engaged in the
investigation or prosecution of criminal conduct by another relating to the
child or other children within the same family unit
Individuals or agencies engaged in medical, psychological,
or psychiatric diagnosis or treatment or education of the person under the
supervision of the department
Individuals or agencies for the purposes of temporary or
permanent placement of the person
The family court
The child’s guardian ad litem or attorney
Any mandated reporter who made a report of child abuse
involving the subject child
A physician who believes or has reasonable cause to suspect
that the child may have been abused or neglected
The Department of Corrections in the case of an individual
who has been transferred to the jurisdiction of that department
Individuals employed by a State or county child welfare
agency outside of Rhode Island when the information is needed to ensure the
care, protection, and/or treatment of any child
An administrative hearing officer for purposes of making a
determination of relevancy to the merits of the administrative matter
pending before the hearing
A court of proper jurisdiction for purposes of making a
determination of relevancy to the merits of the civil or criminal action
pending before the court
When Public Disclosure of Records is Allowed
Citation: § 42-72-8
The director may disclose the findings or other information about a case as
the director deems necessary in a case of child abuse or neglect that has
resulted in a child fatality or near fatality.
Use of Records for Employment Screening
Not addressed in statutes reviewed
South
Carolina
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 20-7-690
All reports made and information collected pursuant to this article
maintained by the Department of Social Services and the Central Registry of
Child Abuse and Neglect are confidential.
Persons or Entities Allowed Access to Records
§ 20-7-690
The ombudsman of the office of the Governor or the
Governor's designee
The child's guardian ad litem, the attorney for the
child's guardian ad litem, or the child's attorney
Appropriate staff of the department
A law enforcement agency investigating or prosecuting known
or suspected abuse or neglect of a child or any other crime against a child,
attempting to locate a missing child, investigating or prosecuting the death
of a child, or investigating or prosecuting any other crime
A person who is named in a report or investigation as
having abused or neglected a child, that person's attorney, and that
person's guardian ad litem
A child 14 years of age or older who is named in a report
as a victim of child abuse or neglect
The parents or guardians of a child who is named in a
report
County medical examiners or coroners who are investigating
the death of a child
The State Child Fatality Advisory Committee and the
Department of Child Fatalities
Family courts conducting proceedings pursuant to this
article
The parties to a court proceeding when information in the
records is legally relevant and necessary for the determination of an issue
before the court
A grand jury when it is necessary in the conduct of its
official business
Authorities in other States conducting child abuse and
neglect investigations or providing child welfare services
Courts in other States conducting child abuse and neglect
or child custody proceedings
The director or chief executive officer of a childcare
facility, child-placing agency, or child-caring facility when the records
concern the investigation of an incident of child abuse or neglect that
allegedly was perpetrated by an employee or volunteer
A person or agency with authorization to care for,
diagnose, supervise, or treat the child, the child's family, or the person
alleged to have abused or neglected the child
Any person engaged in bona fide research
Multidisciplinary teams
Circuit solicitors and their agents investigating or
prosecuting known or suspected abuse or neglect of a child or any other
crime against a child, attempting to locate a missing child, investigating
or prosecuting the death of a child, or investigating or prosecuting any
other crime
Prospective adoptive or foster parents before placement
Employees of the Division for the Review of the Foster Care
of Children, Office of the Governor, and members of local boards when
carrying out their duties
When Public Disclosure of Records is Allowed
Citation: § 20-7-690
The State director of the department may disclose to the
media information contained in child protective services records if the
disclosure is limited to discussion of the department's activities in
handling the case including information placed in the public domain by other
public officials, a criminal prosecution, the alleged perpetrator, the
attorney for the alleged perpetrator, or other public judicial proceedings.
Information is considered 'placed in the public domain'
when it has been reported in the news media, is contained in public records
of a criminal justice agency, is contained in public records of a court of
law, or has been the subject of testimony in a public judicial proceeding.
The State director is authorized to prepare and release
reports of the results of the department's investigations into the deaths of
children in its custody or receiving child welfare services at the time of
death.
Use of Records for Employment Screening
Citation: § 20-7-690
The department is authorized to grant access to the records
of indicated cases to the following agencies or entities:
o
The Division for the Review of the Foster Care of Children
for purposes of certifying that no potential employee, nominee to, and
member of the State or a local foster care review board is a subject of an
indicated report or affirmative determination
o
The Division of Guardian ad Litem, Office of the
Governor, for purposes of certifying that no potential employee or volunteer
is the subject of an indicated report or an affirmative determination
The department is authorized to disclose information
concerning an individual named in the Central Registry of Child Abuse and
Neglect as a perpetrator when screening of an individual's background is
required by statute or regulation for employment, licensing, or any other
purposes, or a request is made in writing by the person being screened.
South
Dakota
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 26-8A-13
All investigative case records and files relating to reports of child abuse
or neglect are confidential, and no disclosure of any such records, files,
or other information may be made except as authorized in chapter 26-7A or
this chapter.
Persons or Entities Allowed Access to Records
§§ 26-7A-28; 26-8A-13
The attorney general, the State's attorneys, law
enforcement agencies, protective services workers, and judges of the courts
investigating reports of known or suspected child abuse or neglect
The attorney or guardian ad litem of the child who
is the subject of the information
Public officials who require the information in connection
with their official duties
Institutions and agencies that have legal responsibility or
authorization to care for, treat, or supervise a child who is the subject of
the information
An adoptive parent of the child who is the subject of the
information or report
A State, regional, or national registry of child abuse and
neglect cases and courts of record of other States
A child protection team
A physician who is caring for a child whom the physician
reasonably suspects may be abused or neglected
State hearing examiners and any person who is the subject
of the report
Pursuant to an order of the court, persons or agencies who
have a legitimate interest in the child
The child's parents, guardian, or custodian
When Public Disclosure of Records is Allowed
Citation: § 26-8A-13
The Department of Social Services may release information
and findings to the media regarding the abuse or neglect of a child that
resulted in a fatality or near fatality of the child if the release of the
information has been approved by the prosecutor who has commenced or who has
authority to commence legal action, such disclosure has been authorized by
the court, and is not contrary to the best interests of the child, the
child's siblings, or other children in the household.
The information to be released shall relate to the acts of
child abuse or neglect that caused the fatality or near fatality of the
child.
The identity of the child may never be released.
Use of Records for Employment Screening
Citation: § 26-8A-13
The Department of Social Services may release records to the following
parties when it is necessary in the performance of official functions:
A licensed child welfare agency, a tribal agency that the
Department of Social Services has an agreement with to provide child welfare
agency services that would otherwise require licensure by the department, or
any private child welfare agency whose licensure has been waived, for
screening of applicants
A person eligible to submit an adoptive home study report
for the purpose of screening applicants
Tennessee
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: §§ 37-1-409; 37-1-612
Reports of harm and the identity of the reporter are
confidential except when the juvenile court in which the investigation
report is filed, in its discretion, determines the testimony of the person
reporting to be material to an indictment or conviction.
All records concerning reports of child sexual abuse,
including files, reports, records, communications, working papers related to
investigations or providing services, videotapes, reports made to the abuse
registry and to local offices of the department, and all records generated
as a result of such processes and reports, shall be confidential.
Persons or Entities Allowed Access to Records
§ 37-1-612
Department employees, medical professionals, and contract
or other agency employees who provide services, including those from child
advocacy centers, to children and families
The attorney or guardian ad litem for a child who is
the subject of the records
A law enforcement agency investigating a report of known or
suspected child sexual abuse
The district attorney general of the judicial district in
which the child resides or in which the alleged abuse occurred
A grand jury when it is necessary in the conduct of its
official business
Any person engaged in bona fide research or audit
purposes
A court official, probation and parole officer, designated
employee of the department of correction, board of probation and parole, or
other similarly situated individual charged with the responsibility of
preparing information to be presented in any administrative or judicial
proceeding concerning any individual charged with or convicted of any
offense involving child abuse or neglect or child sexual abuse
An attorney or next friend who is authorized to act on
behalf of the child in a civil cause of action against the perpetrator
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Not addressed in statutes reviewed
Texas
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: Fam. Code § 261.201
A report of alleged or suspected abuse or neglect made under this chapter,
the identity of the person making the report, and the files, reports,
records, communications, audiotapes, videotapes, and working papers used or
developed in an investigation are confidential, and may be disclosed only
for purposes consistent with this code, applicable Federal or State law, or
under rules adopted by an investigating agency.
Persons or Entities Allowed Access to Records
Fam. Code § 261.201
A court may order the disclosure of information that is
confidential under this section if:
o
A motion has been filed with the court requesting the
release of the information.
o
A notice of hearing has been served on the investigating
agency and all other interested parties.
o
After a hearing and an in camera review of the
requested information, the court determines that the disclosure of the
requested information is essential to the administration of justice and not
likely to endanger the life or safety of a child who is the subject of the
report, a person who made the report, or any other person who participated
in an investigation.
The adoptive parents of a child who was the subject of an
investigation and an adult who was the subject of an investigation as a
child are entitled to examine and make copies of any report, record, working
paper, or other information in the possession, custody, or control of the
State that pertains to the history of the child. The department may edit the
documents to protect the identity of the biological parents and any other
person whose identity is confidential, unless this information is already
known to the adoptive parents or is readily available through other sources.
The department shall provide to the parent, managing
conservator, or other legal representative of a child who is the subject of
a report information that would otherwise be confidential if the department
has edited the information to protect the confidentiality of the identity of
the person who made the report and any other person whose life or safety may
be endangered by the disclosure.
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Not addressed in statutes reviewed
Utah
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 62A-4a-412
Except as otherwise provided in this chapter, reports made pursuant to this
part, as well as any other information in the possession of the division
obtained as the result of a report, are private, protected, or controlled
records.
Persons or Entities Allowed Access to Records
§ 62A-4a-412
A police or law enforcement agency investigating a report
A physician who reasonably believes that a child may be
abused or neglected
An agency that has responsibility or authority to care for,
treat, or supervise a child who is the subject of a report
A provider that has a written contract with the division to
render services to a child who is the subject of a report
Any subject of the report, the natural parents of the
minor, and the guardian ad litem
A court when it is necessary for the determination of an
issue before it
An office of the public prosecutor or its deputies in
performing an official duty
A person authorized by a Children's Justice Center
A person engaged in bona fide research
Any person identified in the report as a perpetrator or
possible perpetrator of child abuse or neglect
A person filing a petition for a child protective order on
behalf of a minor who is the subject of the report
A licensed child-placing agency or person who is performing
a preplacement adoptive evaluation
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Citation: § 62A-4a-412
Reports and records may be made available to the State Office of Education,
acting on behalf of itself or on behalf of a school district, for the
purpose of evaluating whether an individual should be permitted to obtain or
retain a license as an educator or serve as an employee or volunteer in a
school.
This disclosure is limited to information with
substantiated findings involving an alleged sexual offense, an alleged
felony or class A misdemeanor drug offense, or any alleged offense against
the person.
The office must provide the subject of a report with an
opportunity to respond to the report before making a decision concerning
licensure or employment.
Vermont
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: Tit. 33, § 4916
The commissioner shall adopt rules to permit use of the registry while
preserving confidentiality of the records.
Persons or Entities Allowed Access to Records
Tit. 33, §§ 4916; 4919
Written records [of investigations] maintained in the
registry shall only be disclosed to:
o
The commissioner or person designated by the commissioner
to receive such records
o
Persons assigned by the commissioner to investigate reports
o
The person reported on
o
A State's attorney
If a report has been substantiated, the commissioner may
provide the written record to:
o
The child's parent or guardian
o
If there is a pending juvenile proceeding or if the child
is in custody of the commissioner, to the child's attorney
o
The person responsible for supervising the staff in the
child's residential, educational, or daycare setting
o
Upon request, the person who made the report
o
The State's attorney or the attorney general
o
Upon request or when relevant, other States' adult
protective services offices
o
Upon request or when relevant, other States' child
protection agencies
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Citation: Tit. 33, §§ 4916; 4919
In no event shall records [of investigations] be made
available for employment purposes, for credit purposes, or to a law
enforcement agency other than the State's attorney.
The commissioner may disclose information from the registry
of substantiated cases only to:
o
The owner or operator of a facility regulated by the
department for the purpose of informing the owner or operator that
employment of a specific individual may result in loss of license or
registration
o
An employer, if such information is used to determine
whether to hire or retain a specific individual providing care, custody,
treatment, or supervision of children or vulnerable adults
o
The commissioner of aging and disabilities for purposes
related to the licensing or registration of facilities regulated by the
Department of Aging and Disabilities
o
The commissioner of developmental and mental health
services for purposes related to oversight and monitoring of persons who are
served by or compensated with funds provided by the Department of
Developmental and Mental Health Services, including persons to whom a
conditional offer of employment has been made
Virgin
Islands
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: Tit. 5, § 2540
All records concerning reports of child abuse, sexual abuse, or neglect,
made to the government of the Virgin Islands, and all records generated as a
result of such reports, shall be confidential, except as specifically
provided by this subchapter.
Persons or Entities Allowed Access to Records
Tit. 5, § 2540
The Department of Social Welfare and its legal
representative
The U.S. Virgin Islands Police Department when
investigating a report
A physician who has before him or her a child he or she
reasonably suspects may have been abused or neglected
A person legally authorized to place a child in emergency
temporary custody when he or she reasonably suspects that a child may have
been abused or neglected
Any agency with legal responsibility or authorization to
care for, treat, or supervise a child who is the subject of a record, or
other person responsible for the child's welfare
Any person who is the subject of a report and his or her
legal representative, or if such person is a child, the child's guardian
ad litem, parent, guardian, or other person responsible for the child’s
welfare
A court when it is necessary for the determination of an
issue before it
Any person appointed to a case as a Court Appointed Special
Advocate (CASA)
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Not addressed in statutes reviewed
Virginia
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 63.2-1515
The information contained in the central registry shall not be open to
inspection by the public.
Persons or Entities Allowed Access to Records
§ 63.2-1515
Appropriate disclosure may be made in accordance with Board regulations.
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Citation: § 63.2-1515
The Department shall respond to requests for a search of
the central registry made by local departments and local school boards
regarding applicants for employment.
A central registry check shall be conducted of a person who
has applied to be a volunteer with a:
o
Virginia affiliate of Big Brothers/Big Sisters of America
o
Virginia affiliate of Compeer
o
Virginia affiliate of Childhelp USA
o
Volunteer fire company or volunteer rescue squad
o
Court-appointed special advocate program
Washington
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality of Records
Citation: § 26.44.125
Reports and records are confidential.
Persons or Entities Allowed Access to Records
§ 26.44.125
Information about reports, reviews, and hearings may be disclosed only in
accordance with Federal and State laws pertaining to child welfare records
and child protective services reports.
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Citation: § 26.44.100
Founded reports of child abuse and neglect may be considered in determining
whether the person is disqualified from being licensed to provide childcare,
employed by a licensed childcare agency, or authorized by the department to
care for children.
West
Virginia
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality of Records
Citation: § 49-6A-5
All reports under this article shall be confidential.
Persons or Entities Allowed Access to Records
Not addressed in statutes reviewed.
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Not addressed in statutes reviewed
Wisconsin
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 48.981
All reports made under this section and records maintained by an agency and
other persons, officials, and institutions shall be confidential.
Persons or Entities Allowed Access to Records
§ 48.981
The subject of a report
The mandated reporter who made a report of abuse involving
the subject child
Appropriate staff of an agency or a tribal social services
department
A person authorized to provide or providing intake or
dispositional services for the court
An attending physician for purposes of diagnosis and
treatment
A child’s parent, guardian, or legal custodian
A child’s foster parent, treatment foster parent, or other
person having physical custody of the child or a person having physical
custody of the expectant mother of an unborn child
A professional employee of a county department who is
working with the child or the expectant mother of the unborn child
A multidisciplinary child abuse and neglect or unborn child
abuse team
A person employed by a child advocacy center
A law enforcement officer, law enforcement agency, or a
district attorney for purposes of investigation or prosecution
The Department of Corrections, the Department of Health and
Family Services, a county department, or any other person under contract
with those departments to exercise custody or supervision over a person who
is subject to community placement for purposes of investigating or providing
services
A court or administrative agency for use in a proceeding
relating to the licensing or regulation of a facility regulated under this
chapter
A court conducting proceedings in which abuse or neglect of
the child or the unborn child who is the subject of the report or record is
an issue
A tribal court, or other adjudicative body authorized by a
tribe or band to perform child welfare functions
The county corporation counsel or district attorney
The agency legal counsel
The counsel or guardian ad litem representing the
interests of a child or unborn child
An attorney representing the interests of an Indian tribe
or band, an Indian child, or of an Indian unborn child
A volunteer court-appointed special advocate or person
employed by a court-appointed special advocate program
A person engaged in bona fide research
The department, a county department, or a licensed child
welfare agency ordered to conduct a screening or an investigation of a
stepparent
A grand jury when it is necessary for the conduct of its
official business
A judge conducting proceedings under § 968.26
A child fatality review team
A citizen review panel
A coroner, medical examiner, pathologist, or other
physician investigating the cause of death of a child
A Federal agency, State agency of this State or any other
State, or local governmental unit located in this State or any other State
that has a need for a report or record in order to carry out its
responsibility to protect children
When Public Disclosure of Records is Allowed
Citation: § 48.981
An agency may disclose to the general public a written summary of
information relating to any child who has died or been placed in serious or
critical condition, as determined by a physician, as a result of any
suspected abuse or neglect that has been reported if any of the following
circumstances apply:
A person has been charged with a crime for causing the
death or serious or critical condition of the child as a result of the
suspected abuse or neglect, or the district attorney indicates that a person
who is deceased would have been charged with a crime but for the fact that
the person is deceased.
A judge, district attorney, law enforcement officer, law
enforcement agency, or any other officer or agency has previously disclosed
to the public that the suspected abuse or neglect of the child has been
investigated or that child welfare services have been provided to the child
or the child’s family.
A parent, guardian, or legal custodian of the child or the
child, if 14 years of age or over, has previously disclosed or authorized
the disclosure of the information.
Use of Records for Employment Screening
Not addressed in statutes reviewed
Wyoming
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and
Neglect Records
To better
understand this issue and to view it across States, see the Disclosure of
Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF
- 474 KB) publication.
Confidentiality
of Records
Citation: § 14-3-214
All records concerning reports and investigations of child abuse or neglect
are confidential.
Persons or Entities Allowed Access to Records
§ 14-3-214
A local child protective agency
A law enforcement agency, guardian ad litem, child
protection team, or the attorney representing the subject of the report
A physician or surgeon who reasonably suspects that a child
may have been abused or neglected
A person legally authorized to place a child in protective
temporary custody when needed to determine whether to place the child in
temporary protective custody
A person responsible for the welfare of the child
A court or grand jury when it is necessary for the
determination of an issue
Court personnel who are investigating reported incidents of
child abuse or neglect
An education or mental health professional serving the
child when it is necessary to provide appropriate educational or therapeutic
interventions
A physician or person in charge of an institution, school,
facility, or agency making the report
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Citation: § 14-3-214
Upon appropriate application, the State agency shall
provide to any chapter of a nationally recognized youth organization,
childcaring facility, public or private school, or State institution a
summary of central registry records maintained under State agency rules
since December 31, 1986, for purposes of screening employees or volunteers.
The written results shall confirm that there is a report
‘under investigation,’ a ‘substantiated’ finding of abuse or neglect on the
central registry naming the individual, or confirm that no record exists.
When the individual is identified on the registry as a ‘substantiated’
perpetrator of abuse or neglect, the report to the applicant shall contain
information about the date of the finding, specific type of abuse or
neglect, a copy of the perpetrator’s voluntary statement, and whether an
appeal is pending.
The applicant shall use the information received only for
purposes of screening prospective employees and volunteers who may, through
their employment or volunteer services, have unsupervised access to minors.
Electronic copies of this publication
may be downloaded at:
www.childwelfare.gove/systemwide/laws_policies/statutes/confide.cfm
To find statute information for a
particular State, go to:
www.childwelfare.gov/systemwide/laws_policies/search/index.cfm
To find information on all the
States and territories, order a copy
of the full-length PDF by calling
800.394.3366 or 703.385.7565, or
download it at:
www.childwelfare.gov/systemwide/laws_policies/statutes/confideall.pdf
