Chapter 139

2004 -- H 8104

Enacted 06/23/04

A N A C T

RELATING TO CHILDREN, YOUTH AND FAMILIES DEPARTMENT --

CONFIDENTIALITY OF RECORDS

Introduced By: Representatives Ginaitt, McNamara, Story, Savage, and Long

Date Introduced: February 24, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-72-8 of the General Laws in Chapter 42-72 entitled "Children,

Youth, and Families Department" is hereby amended to read as follows:

42-72-8. Confidentiality of records. -- (a) 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.

      (b) Records may be disclosed when necessary:

      (1) To individuals, or public or private agencies engaged in medical, psychological or

psychiatric diagnosis or treatment or education of the person under the supervision of the

department;

      (2) To individuals or public or private agencies for the purposes of temporary or

permanent placement of the person, and when the director determines that the disclosure is

needed to accomplish that placement including any and all health care information obtained by

the department in accordance with the provisions of chapter 5-37.3 of the general laws and

applicable federal laws and regulations;

      (3) When the director determines that there is a risk of physical injury by the person to

himself or herself or others, and that disclosure of the records is necessary to reduce that risk;

      (4) To the family court including periodic reports regarding the care and treatment of

children; provided, that if a child is represented by a guardian ad litem or attorney, a copy of the

family court report will be made available to the guardian ad litem or attorney prior to its

submission;

      (5) To inform any person who made a report of child abuse or neglect pursuant to section

40-11-3, whether services have been provided the child as a result of the report; provided,

however, that no facts or information shall be released pursuant to this subsection other than the

fact that services have been or are being provided;

      (6) To permit access to computer records relating to child abuse and neglect

investigations by physicians who are examining a child when the physician believes that there is

reasonable cause to suspect that a child may have been abused or neglected;

      (7) To the office of the department of attorney general upon the request of the attorney

general or assistant attorney general when the office is engaged in the investigation of or

prosecution of criminal conduct by another relating to the child or other children within the same

family unit;

      (8) To the department of corrections in the case of an individual who has been

transferred to the jurisdiction of that department pursuant to the provisions of section 14-1-7.3

"certification" or section 14-1-7.1 "waiver of jurisdiction"; and

      (9) To the office of the department of the attorney general upon the request of the

attorney general or assistant attorney general when the office is engaged in the investigation of or

prosecution of criminal conduct as defined in section 40-11-3.2.

      (10) To individuals employed by a state or county child welfare agency outside of Rhode

Island when the director determines that the information is needed to ensure the care, protection

and/or treatment of any child; provided, however, any records relating to allegations previously

determined to be unfounded, unsubstantiated, or not indicated shall not be disclosed.

      (11) Whenever a person previously under the supervision of the training school becomes

subject to the jurisdiction of the department of corrections as an adult offender, the director of

corrections or his or her designee shall receive, upon request, the portions of the person's training

school records limited to the escape history, disciplinary record, and juvenile classification

history.

      (12) In an administrative hearing held pursuant to section 42-35-9, the records or exact

copies of the records shall be delivered to the administrative hearing officer pursuant to a written

request by one of the parties, and shall be delivered to the party making the request or shall be

reviewed in camera by the administrative hearing officer for purposes of making a determination

of relevancy to the merits of the administrative matter pending before the hearing officer, as the

hearing officer may direct. If the records or a portion are relevant to the matter, those records may

be viewed and/or copied by counsel of record, at the expense of the party requesting the records.

The records shall not be disseminated in any form beyond the parties, counsel of record and their

agents, and any experts, except as otherwise specifically authorized by the hearing officer, and

provided further that at the conclusion of the action, the records shall be sealed.

      (13) In a criminal or civil action, the records or exact copies of the records shall be

delivered to a court of proper jurisdiction pursuant to a subpoena duces tecum, properly issued by

one of the parties, and shall be delivered to the party issuing the subpoena or shall be reviewed in

camera by the trial justice for purposes of making a determination of relevancy to the merits of

the civil or criminal action pending before the court, as the court may direct. If the records or a

portion are relevant to the civil or criminal action, those records may be viewed and/or copied by

counsel of record, at the expense of the party requesting the records. The court shall issue a

protective order preventing dissemination of the records in any form beyond the parties, counsel

of record and their agents, and any experts, except as otherwise specifically authorized by the

court, and provided further that at the conclusion of the action, all records shall be sealed.

      (c) 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 which has resulted in a child fatality

or near fatality.

      (d) If a public panel is convened or established by the department to evaluate the extent

to which the department is discharging its child protection responsibilities, the panel or any of its

members or staff shall not disclose identifying information about a specific child protection case

nor make public any identifying information provided by the department except as may be

authorized by law. Any person who violates this subsection shall be subject to civil sanctions as

provided by law.

      (e) If a public panel is convened or established by the department, this panel, in the

course of its evaluation, may review, but shall not investigate, any child fatality that is under the

jurisdiction of the child advocate in accordance with the provisions of section 42-73-7(2).

(f) In the event records and information contained within DCYF records are shared with

individuals or public or private agencies as specified in paragraph (b) above, any such individual

and/or public or private agency shall be advised that the shared information cannot be further

disclosed, except as specifically provided for under applicable federal and/or state law and

regulation. Any individual and/or public or private agency who violates this subsection shall be

subject to civil sanctions as provided in chapter 5-37.3, and any other federal or state law

pertinent thereto.

     SECTION 2. This act shall take effect upon passage.

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LC01312

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