Access to Records of Child Abuse or Neglect

     The bill prohibits a person who possesses records or reports (records) of child abuse or neglect from releasing identifying data or information contained in the records to a person who is not authorized to receive the information or data.

     The bill clarifies what constitutes identifying data in a record and includes an attorney representing a person named in the record and an assigned designee of the child a person named in a record who is acting on the person's behalf as an authorized persons person who may have access to child abuse or neglect records if the attorney or assigned designee presents a valid release of information signed by an authorized person.

     The bill allows a person named in a record as an alleged abused or neglected child who is in possession of a record in which they are named or, with the person's consent, the person's attorney or guardian ad litem, to disclose and make use of the record, including for the purpose of litigation or to obtain treatment or services. Except as expressly authorized in law, a criminal defendant may only access records after an in camera review by the court in which the court finds that access to the records is necessary for the resolution of an issue.

     The bill requires each county department of human or social services to establish and submit to the state department of human services a process for current and former clients to obtain access to their case records.

     The bill repeals the penalties associated with a person who improperly releases or willfully permits or encourages the makes it a petty offense to release of data or information contained in the records to a person not permitted to access the information.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)