Access to Records of Child Abuse or Neglect

Plain English Breakdown

The official metadata lists an effective date field but leaves it blank; therefore, the start date remains unknown based on this text.

Rules for Sharing Child Abuse and Neglect Records

This law stops people from sharing private details in child abuse or neglect records with those who are not allowed to see them, while giving specific groups clear ways to access these files.

What This Bill Does

• Stops anyone holding a record of child abuse or neglect from releasing identifying information to unauthorized people.
• Defines what counts as 'identifying data' within these records.
• Allows an assigned designee to view records if they show a valid release form signed by the person named in the file.
• Permits children named in the records, their lawyers, or guardians to share and use the files for lawsuits or treatment services.
• Requires county human service departments to create a process so current and former clients can get copies of their own case records.
• Removes general penalties for improper release but makes it a petty offense for schools to release this information improperly.

Who It Names or Affects

• People or agencies that hold child abuse or neglect reports
• Children named in the records as alleged victims of abuse or neglect
• Lawyers and guardians acting on behalf of children named in the records
• Schools, school districts, charter schools, nonpublic schools, and county human service departments

Terms To Know

Identifying data

Information inside a record that can be used to figure out who the people in the case are.

Designee

A person chosen by someone named in the record to act on their behalf and view the file with proper permission.

In camera review

A private check of a document done only by a judge before deciding if it can be shared in court.

Limits and Unknowns

• The law does not state the specific date when these rules will officially start.
• Criminal defendants cannot access records unless a judge reviews them first and decides they are needed for the case.
• The text does not list every type of person who is authorized to receive this information.

Official Summary Text

The act prohibits a person who possesses a record or report (record) of child abuse or neglect from releasing identifying data or information contained in the record to a person who is not authorized to receive the information or data.
The act clarifies what constitutes identifying data in a record. The act adds an assigned designee of a person named in a record who is acting on the person's behalf as a person who may have access to child abuse or neglect records if the assigned designee presents a valid release of information signed by an authorized person.
The act 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 a record after an in camera review by the court in which the court finds that access to the record is necessary for the resolution of an issue.
The act requires each county department of human or social services to establish and submit to the state department of human services a process current and former clients may use to obtain access to their case records.
The act repeals the penalties associated with a person who improperly releases or willfully permits or encourages the release of data or information contained in the records to a person not permitted to access the information and makes it a petty offense for the department of education or a school district, charter school, or nonpublic school to release data or information contained in a record to a person not permitted to access the information.
(Note: This summary applies to this bill as enacted.)