Title 42
State Affairs and Government

Chapter 72
Department of Children, Youth and Families

§ 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, including any and all healthcare information obtained by the department in accordance with the provisions of chapter 37.3 of title 5 of the general laws and applicable federal laws and regulations;

(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 § 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 computer records relating to child-abuse and -neglect investigations 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;

(7) To the office of the department of attorney general, upon the request of 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;

(8) To the department of corrections in the case of an individual who has been transferred to the jurisdiction of that department pursuant to the provisions of §§ 14-1-7.3 or 14-1-7.1;

(9) To the office of the department of the attorney general, upon the request of the attorney general or assistant attorney general, when the office is engaged in the investigation of, or prosecution of, criminal conduct as defined in § 40-11-3.2;

(10) To individuals employed by a state or county child-welfare agency outside of Rhode Island when the director determines that the information is needed to ensure the care, protection, and/or treatment of any child; provided, however, any records relating to allegations previously determined to be unfounded, unsubstantiated, or not indicated shall not be disclosed;

(11) 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;

(12) In an administrative hearing held pursuant to § 42-35-9, the records, or exact copies of the records, 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 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; and

(13) In a criminal or civil action, the records, or exact copies of the records, 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, as the court may direct. If the records or a portion 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 the 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.

(c) Disclosure required.

(1) The director shall notify the office of the child advocate verbally and electronically, in writing, within 48 hours of a confirmed fatality or near fatality of a child who is the subject of a DCYF case. The department shall provide the office of the child advocate with access to any written material about the case. For purposes of this chapter, “near fatality” shall mean a child in serious or critical condition as certified by a physician as a result of abuse, neglect, self-harm or other unnatural causes.

(2) The director shall make public disclosure of a confirmed fatality or near fatality of a child who is the subject of a DCYF case within 48 hours of confirmation, provided disclosure of such information is in general terms and does not jeopardize a pending criminal investigation.

(3) The director shall disclose to the office of the child advocate information, within five (5) days of completion of the department’s investigation, when there is a substantiated finding of child abuse or neglect that resulted in a child fatality or near fatality. The department may disclose the same information to the office of the attorney general and other entities allowable under 42 U.S.C. § 5106a.

(4) The information that must be disclosed in accordance with subdivision (c)(3) includes:

(i) A summary of the report of abuse or neglect and a factual description of the contents of the report;

(ii) The date of birth and gender of the child;

(iii) The date that the child suffered the fatality or near fatality;

(iv) The cause of the fatality or near fatality, if such information has been determined;

(v) Whether the department of children, youth and families, or a court-appointed special advocate, had any contact with the child before the fatality or near fatality and, if so:

(A) The frequency of any contact or communication with the child or a member of the child’s family or household before the fatality or near fatality and the date on which the last contact or communication occurred before the fatality or near fatality;

(B) Whether the department provided any child-welfare services to the child, or to a member of the child’s family or household, before, or at the time of, the fatality or near fatality;

(C) Whether the department made any referrals for child-welfare services for the child, or for a member of the child’s family or household, before or at the time of the fatality or near fatality;

(D) Whether the department took any other action concerning the welfare of the child before or at the time of the fatality or near fatality; and

(E) A summary of the status of the child’s case at the time of the fatality or near fatality, including, without limitation, whether the child’s case was closed by the department before the fatality or near fatality and if so, the reasons why the case was closed; and

(vi) Whether the department, in response to the fatality or near fatality:

(A) Has provided, or intends to provide and/or make, a referral for child-welfare services to the child, or to a member of the child’s family or household; and

(B) Has taken, or intends to take, any other action concerning the welfare and safety of the child, or any member of the child’s family or household.

(d) If a public panel is convened or established by the department to evaluate the extent to which the department is discharging its child-protection responsibilities, the panel, or any of its members or staff, shall not disclose identifying information about a specific child-protection case, nor make public any identifying information provided by the department, except as may be authorized by law. Any person who violates this subsection shall be subject to civil sanctions as provided by law.

(e) If a public panel is convened or established by the department, this panel, in the course of its evaluation, may review, but shall not investigate, any child fatality that is under the jurisdiction of the child advocate in accordance with the provisions of § 42-73-7(2).

(f) In the event records and information contained within DCYF records are shared with individuals or public or private agencies as specified in subsection (b) above, any such individual, and/or public or private agency, shall be advised that the shared information cannot be further disclosed, except as specifically provided for under applicable federal and/or state law and regulation. Any individual and/or public or private agency who or that violates this subsection shall be subject to civil sanctions as provided in chapter 37.3 of title 5, and any other federal or state law pertinent thereto.