§ 9-28-414 - Public disclosure of information on deaths and maltreatment.
9-28-414. Public disclosure of information on deaths and maltreatment.
(a) (1) The Department of Human Services shall place a notice on the department's web page when a fatality or near fatality of a child is reported to the Child Abuse Hotline under the Child Maltreatment Act, 12-18-101 et seq., within seventy-two (72) hours of receipt of a report from the Child Abuse Hotline.
(2) The notice of a reported fatality or near fatality of a child shall state the:
(A) Age, race, and gender of the child;
(B) Date of the child's death or incident;
(C) Allegations or preliminary cause of death or incident;
(D) County and placement of the child at time of incident;
(E) Generic relationship of the alleged offender to the child;
(F) Agency conducting the investigation;
(G) Legal action by the department; and
(H) Services offered or provided by the department now and in the past.
(3) The notice of a fatality of a child shall also include the name of the child.
(4) The department shall not put on the web page any:
(A) Information on siblings of the child; or
(B) Attorney-client communications.
(5) The department may elect not to place notice on the department's web page if:
(A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and
(B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.
(b) (1) Upon request, the department shall release the following information to the general public when a Child Abuse Hotline report is received on a child in the custody of the department:
(A) Age, race, and gender of the child;
(B) Allegations of maltreatment;
(C) County and placement of the child at time of incident;
(D) Generic relationship of the alleged offender to the child; and
(E) Action taken by the department.
(2) The department shall not release:
(A) Information on siblings of the child; or
(B) Attorney-client communications.
(3) The department shall not release any information if:
(A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and
(B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.
(c) (1) Upon request, the department shall release the following information when a child dies if that child was in an out-of-home placement as defined under 9-27-303(39):
(A) Age, race, and gender of the child;
(B) Date of the child's death;
(C) Preliminary cause of death;
(D) County and placement of the child at time of incident; and
(E) Action by the department.
(2) The department shall not release:
(A) Information on siblings of the child; or
(B) Attorney-client communications.
(3) The department shall not release any information if:
(A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and
(B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.