§ 9-20-121 - Availability of custody and protective services records.
9-20-121. Availability of custody and protective services records.
(a) Reports, correspondence, memoranda, case histories, medical records, or other materials, including protected health information, compiled or gathered by the Department of Human Services regarding a maltreated adult in the custody of the department or receiving protective services from the department shall be confidential and shall not be released or otherwise made available except:
(1) To the maltreated adult;
(2) To the attorney representing the maltreated adult in a custody or protective services case;
(3) For any audit or similar activity conducted with the administration of any plan or program by any governmental agency that is authorized by law to conduct the audit or activity;
(4) To law enforcement agencies, a prosecuting attorney, or the Attorney General;
(5) (A) To any licensing or registering authority to the extent necessary to carry out its official responsibilities.
(B) Information released under subdivision (5)(A) of this section shall be maintained as confidential;
(6) To a circuit court under this chapter;
(7) To a grand jury or court upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury;
(8) To a person or provider currently providing care or services to the adult;
(9) To a person or provider identified by the department as having services needed by the adult;
(10) (A) To individual federal and state representatives and senators in their official capacity, who shall not redisclose the information.
(B) No disclosure may be made to any committee or legislative body of any information that identifies by name or address any recipient of services; and
(11) In the discretion of the department, with family members if the adult is in the custody of the department.
(b) Except for the maltreated adult, no person or agency to whom disclosure is made may disclose to any other person reports or other information obtained under this section.
(c) A disclosure of information in violation of this section shall be a Class C misdemeanor.