§ 42-72-8 - Confidentiality of records.
SECTION 42-72-8
§ 42-72-8 Confidentiality of records.– (a) Any records of the department pertaining to children and their families inneed of service pursuant to the provisions of this chapter; or for whom anapplication for services has been made, shall be confidential and onlydisclosed as provided by law.
(b) Records may be disclosed when necessary:
(1) To individuals, or public or private agencies engaged inmedical, psychological or psychiatric diagnosis or treatment or education ofthe person under the supervision of the department;
(2) To individuals or public or private agencies for thepurposes of temporary or permanent placement of the person, and when thedirector determines that the disclosure is needed to accomplish that placementincluding any and all health care information obtained by the department inaccordance with the provisions of chapter 5-37.3 of the general laws andapplicable federal laws and regulations;
(3) When the director determines that there is a risk ofphysical injury by the person to himself or herself or others, and thatdisclosure of the records is necessary to reduce that risk;
(4) To the family court including periodic reports regardingthe care and treatment of children; provided, that if a child is represented bya guardian ad litem or attorney, a copy of the family court report will be madeavailable to the guardian ad litem or attorney prior to its submission;
(5) To inform any person who made a report of child abuse orneglect pursuant to § 40-11-3, whether services have been provided thechild as a result of the report; provided, however, that no facts orinformation shall be released pursuant to this subsection other than the factthat services have been or are being provided;
(6) To permit access to computer records relating to childabuse and neglect investigations by physicians who are examining a child whenthe physician believes that there is reasonable cause to suspect that a childmay have been abused or neglected;
(7) To the office of the department of attorney general uponthe request of the attorney general or assistant attorney general when theoffice is engaged in the investigation of or prosecution of criminal conduct byanother relating to the child or other children within the same family unit;
(8) To the department of corrections in the case of anindividual who has been transferred to the jurisdiction of that departmentpursuant to the provisions of § 14-1-7.3 "certification" or §14-1-7.1 "waiver of jurisdiction"; and
(9) To the office of the department of the attorney generalupon the request of the attorney general or assistant attorney general when theoffice is engaged in the investigation of or prosecution of criminal conduct asdefined in § 40-11-3.2.
(10) To individuals employed by a state or county childwelfare agency outside of Rhode Island when the director determines that theinformation is needed to ensure the care, protection and/or treatment of anychild; provided, however, any records relating to allegations previouslydetermined to be unfounded, unsubstantiated, or not indicated shall not bedisclosed.
(11) Whenever a person previously under the supervision ofthe training school becomes subject to the jurisdiction of the department ofcorrections as an adult offender, the director of corrections or his or herdesignee shall receive, upon request, the portions of the person's trainingschool records limited to the escape history, disciplinary record, and juvenileclassification history.
(12) In an administrative hearing held pursuant to §42-35-9, the records, or exact copies of the records, shall be delivered to theadministrative hearing officer pursuant to a written request by one of theparties, and shall be delivered to the party making the request or shall bereviewed in camera by the administrative hearing officer for purposes of makinga determination of relevancy to the merits of the administrative matter pendingbefore the hearing officer, as the hearing officer may direct. If the recordsor a portion are relevant to the matter, those records may be viewed and/orcopied by counsel of record, at the expense of the party requesting therecords. The records shall not be disseminated in any form beyond the parties,counsel of record and their agents, and any experts, except as otherwisespecifically authorized by the hearing officer, and provided further that atthe conclusion of the action, the records shall be sealed.
(13) In a criminal or civil action, the records, or exactcopies of the records, shall be delivered to a court of proper jurisdictionpursuant to a subpoena duces tecum, properly issued by one of the parties, andshall be delivered to the party issuing the subpoena or shall be reviewed incamera by the trial justice for purposes of making a determination of relevancyto the merits of the civil or criminal action pending before the court, as thecourt may direct. If the records or a portion are relevant to the civil orcriminal action, those records may be viewed and/or copied by counsel ofrecord, at the expense of the party requesting the records. The court shallissue a protective order preventing dissemination of the records in any formbeyond the parties, counsel of record and their agents, and any experts, exceptas otherwise specifically authorized by the court, and provided further that atthe conclusion of the action, all records shall be sealed.
(c) The director may disclose the findings or otherinformation about a case as the director deems necessary in a case of childabuse or neglect which has resulted in a child fatality or near fatality.
(d) If a public panel is convened or established by thedepartment to evaluate the extent to which the department is discharging itschild protection responsibilities, the panel or any of its members or staffshall not disclose identifying information about a specific child protectioncase nor make public any identifying information provided by the departmentexcept as may be authorized by law. Any person who violates this subsectionshall be subject to civil sanctions as provided by law.
(e) If a public panel is convened or established by thedepartment, this panel, in the course of its evaluation, may review, but shallnot investigate, any child fatality that is under the jurisdiction of the childadvocate in accordance with the provisions of § 42-73-7(2).
(f) In the event records and information contained withinDCYF records are shared with individuals or public or private agencies asspecified in subsection (b) above, any such individual and/or public or privateagency shall be advised that the shared information cannot be furtherdisclosed, except as specifically provided for under applicable federal and/orstate law and regulation. Any individual and/or public or private agency whoviolates this subsection shall be subject to civil sanctions as provided inchapter 37.3 of title 5, and any other federal or state law pertinent thereto.