Introduced By: Representatives Benoit, Coderre, Slater, Palumbo and Costantino
Date Introduced : February 3, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 42-72-8 of the General Laws in Chapter 42-72 entitled "Department of Children, Youth, and Families" 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;
(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 child abuse and neglect track system (CANTS) computer records 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; and
(7) To the office of the department of attorney general upon the request thereof by 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; and
(8) To the department of corrections in the case of an individual who has been transferred to the jurisdiction of said department pursuant to the provisions of section 14-1-7.3 "certification" or section 14-1-7.1 "waiver of jurisdiction".
(9) To the office of the department of the attorney general upon the request thereof by 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.
(c) 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.
{ADD (10) In an administrative hearing held pursuant to section 42-35-9, the records or exact copies thereof 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 thereof 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. ADD}
{ADD (11) In a criminal or civil action, the records or exact copies thereof 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. If the records or a portion thereof 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 said 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. ADD}
SECTION 2. This act shall take effect upon passage.
