(e) Release of Child Abuse/Neglect
Information by County Departments.
1. The
following items are additional DHR requirements regarding the use and
disclosure of reports and records of child abuse and neglect. CA/n reports and
records shall not be disclosed to any individuals other than:
(i) To parents/custodians who have children
in their care and/or custody and have someone living or visiting in their home
who has been convicted of child battery, child sexual abuse, or who has an
"indicated" child sexual abuse report in the State Central Registry.
(ii) To an employer, licensing or certifying
agency or group of the person currently being investigated where the employee
provides care or supervision to children or other vulnerable persons.
Information shall be released following the final disposition as determined by
due process procedures. Reports or records in cases disposed of as or "reason
to suspect" prior to June 1, 1999 or "not indicated" shall not be used or
disclosed for purposes of employment or other background checks.
(iv) DHR may release information on pending
assessments to employers, prospective employers, or licensing/certifying
agencies prior to a Departmental CA/N investigation hearing or an
administrative record review (whichever is applicable) only when it is
determined that children are in imminent danger of abuse/neglect. If the
information is released, the person responsible for abuse/neglect must be
offered a CA/N hearing or an administrative record review as soon as possible
following the release of information.
(v) Child welfare staff may release
information from completed assessments with an "indicated" disposition when it
has been determined that a child is in imminent danger and the information
needs to be disclosed for the child's immediate protection:
(I) If a disposition was previously entered
into the Central Registry for persons responsible without notification being
provided of their opportunity for a CA/N hearing or an administrative record
review, and it has been less than two (2) years from the date the person was
notified about the allegations, child welfare staff must provide written
notification of due process rights immediately following the release of
information. If the person responds to the notice and requests a hearing or
record review, an "emergency" hearing or record review must be requested and be
conducted.
(II) If two (2) years
have passed since the person was notified about the allegations the and the
person responsible was previously notified of their due process rights, the
information may be released for the child's protection.
(vi) Information from the Central Registry
may only be released on "indicated" reports for employment or background check
purposes. Information in reports, regardless of the disposition, may be
released to another state's CPS program when that state is investigating an
abuse/neglect report. CA/N information shall not be made available to anyone
outside the Department unless (1) disclosure is permitted under (d) and (e),
(2) specific CA/N information is subpoenaed
by the court, or
(3) the release is
expressly authorized by order of the court. County Departments can defer
providing information (unless served a subpoena or court order) until the CA/N
assessment process is completed.
(vii) CA/N assessments information may be
made available to the appropriate court, district attorney, and law enforcement
agency according to §26148(c), paragraphs 1 through 4, 6 and 8.
(viii) County Departments shall immediately
release information to law enforcement, district attorneys, and physicians in
situations where disclosure will allow for the protection of children suspected
of being abused/neglected or for the protection of other children in the
home.
(ix) Child welfare staff may
verbally disclose general information (e.g., allegations, dispositions, general
basis for the disposition, other general information already revealed to a
child's parents/custodian) to Guardians Ad Litem, attorneys, or Court Appointed
Special Advocates (CASAs) representing the child or attorneys representing the
child's parents/custodians in a child abuse/neglect court proceeding. CA/N
information must not be copied and released to attorneys or CASAs without a
court order expressly authorizing such release or a subpoena duces tecum for
the CA/N record. When County Departments receive a subpoena duces tecum for
production of DHR records, a motion for a protective order must be filed
requesting the court conduct an in camera inspection of the records to
determine if they be released. If the court orders an in camera inspection, the
original record (or a copy thereof if permitted by the court) shall be
submitted as ordered and at the time specified. The DHR record shall not be
released directly to the attorney or CASA.
(x) The worker may disclose to a mandatory
reporter the results of the CA/N assessment if the worker determines that the
mandatory reporter has a "need to know" to prevent further abuse or neglect or
to develop sensitivity to the child's need for services or further
protection.