37.725. Files may be disclosed at discretion of child advocate, exceptions--privileged information--penalty for disclosure of confidential material.
Files may be disclosed at discretion of child advocate,exceptions--privileged information--penalty for disclosureof confidential material.
37.725. 1. Any files maintained by the advocate program shall bedisclosed only at the discretion of the child advocate; except that theidentity of any complainant or recipient shall not be disclosed by theoffice unless:
(1) The complainant or recipient, or the complainant's or recipient'slegal representative, consents in writing to such disclosure; or
(2) Such disclosure is required by court order.
2. Any statement or communication made by the office relevant to acomplaint received by, proceedings before, or activities of the office andany complaint or information made or provided in good faith by any personshall be absolutely privileged and such person shall be immune from suit.
3. Any representative of the office conducting or participating inany examination of a complaint who knowingly and willfully discloses to anyperson other than the office, or those persons authorized by the office toreceive it, the name of any witness examined or any information obtained orgiven during such examination is guilty of a class A misdemeanor. However,the office conducting or participating in any examination of a complaintshall disclose the final result of the examination with the consent of therecipient.
4. The office shall not be required to testify in any court withrespect to matters held to be confidential in this section except as thecourt may deem necessary to enforce the provisions of sections 37.700 to37.730, or where otherwise required by court order.
(L. 2004 H.B. 1453)