|
|
|
IC 31-33-18-1
Confidentiality; exceptions
Sec. 1. (a) Except as provided in section 1.5 of this chapter, the
following are confidential:
(1) Reports made under this article (or IC 31-6-11 before its
repeal).
(2) Any other information obtained, reports written, or
photographs taken concerning the reports in the possession of:
(A) the division of family resources;
(B) the county office; or
(C) the department.
(b) Except as provided in section 1.5 of this chapter, all records
held by:
(1) the division of family resources;
(2) a county office;
(3) the department;
(4) a local child fatality review team established under
IC 31-33-24; or
(5) the statewide child fatality review committee established
under IC 31-33-25;
regarding the death of a child determined to be a result of abuse,
abandonment, or neglect are confidential and may not be disclosed.
As added by P.L.1-1997, SEC.16. Amended by P.L.70-2004, SEC.14;
P.L.234-2005, SEC.153; P.L.145-2006, SEC.283.
IC 31-33-18-1.5
Certain records held by governmental entities not confidential if
redacted; procedure for redacting records
Sec. 1.5. (a) This section applies to records held by:
(1) the division of family resources;
(2) a county office;
(3) the department;
(4) a local child fatality review team established under
IC 31-33-24; or
(5) the statewide child fatality review committee established
under IC 31-33-25;
regarding a child whose death or near fatality may have been the
result of abuse, abandonment, or neglect.
(b) For purposes of subsection (a), a child's death or near fatality
may have been the result of abuse, abandonment, or neglect if:
(1) an entity described in subsection (a) determines that the
child's death or near fatality is the result of abuse, abandonment,
or neglect; or
(2) a prosecuting attorney files:
(A) an indictment or information; or
(B) a complaint alleging the commission of a delinquent act;
that, if proven, would cause a reasonable person to believe that
the child's death or near fatality may have been the result of
abuse, abandonment, or neglect.
Upon the request of any person, or upon its own motion, the court
exercising juvenile jurisdiction in the county in which the child's
death or near fatality occurred shall determine whether the
allegations contained in the indictment, information, or complaint
described in subdivision (2), if proven, would cause a reasonable
person to believe that the child's death or near fatality may have been
the result of abuse, abandonment, or neglect.
(c) As used in this section:
(1) "identifying information" means information that identifies
an individual, including an individual's:
(A) name, address, date of birth, occupation, place of
employment, and telephone number;
(B) employer identification number, mother's maiden name,
Social Security number, or any identification number issued
by a governmental entity;
(C) unique biometric data, including the individual's
fingerprint, voice print, or retina or iris image;
(D) unique electronic identification number, address, or
routing code;
(E) telecommunication identifying information; or
(F) telecommunication access device, including a card, a
plate, a code, an account number, a personal identification
number, an electronic serial number, a mobile identification
number, or another telecommunications service or device or
means of account access; and
(2) "near fatality" has the meaning set forth in 42 U.S.C. 5106a.
(d) Unless information in a record is otherwise confidential under
state or federal law, a record described in subsection (a) that has been
redacted in accordance with this section is not confidential and may
be disclosed to any person who requests the record. The person
requesting the record may be required to pay the reasonable expenses
of copying the record.
(e) When a person requests a record described in subsection (a),
the entity having control of the record shall immediately transmit a
copy of the record to the court exercising juvenile jurisdiction in the
county in which the death or near fatality of the child occurred.
However, if the court requests that the entity having control of a
record transmit the original record, the entity shall transmit the
original record.
(f) Upon receipt of the record described in subsection (a), the
court shall, within thirty (30) days, redact the record to exclude:
(1) identifying information described in subsection (c)(1)(B)
through (c)(1)(F) of a person; and
(2) all identifying information of a child less than eighteen (18)
years of age.
(g) The court shall disclose the record redacted in accordance with
subsection (f) to any person who requests the record, if the person
has paid:
IC 31-33-18-2
Disclosure of unredacted material to certain persons
Sec. 2. The reports and other material described in section 1(a) of
this chapter and the unredacted reports and other material described
in section 1(b) of this chapter shall be made available only to the
following:
(1) Persons authorized by this article.
(2) A legally mandated public or private child protective agency
investigating a report of child abuse or neglect or treating a
child or family that is the subject of a report or record.
(3) A police or other law enforcement agency, prosecuting
attorney, or coroner in the case of the death of a child who is
investigating a report of a child who may be a victim of child
abuse or neglect.
(4) A physician who has before the physician a child whom the
physician reasonably suspects may be a victim of child abuse or
neglect.
(5) An individual legally authorized to place a child in
protective custody if:
(A) the individual has before the individual a child whom the
individual reasonably suspects may be a victim of abuse or
neglect; and
(B) the individual requires the information in the report or
record to determine whether to place the child in protective
custody.
(6) An agency having the legal responsibility or authorization
to care for, treat, or supervise a child who is the subject of a
report or record or a parent, guardian, custodian, or other person
who is responsible for the child's welfare.
(7) An individual named in the report or record who is alleged
to be abused or neglected or, if the individual named in the
report is a child or is otherwise incompetent, the individual's
guardian ad litem or the individual's court appointed special
advocate, or both.
(8) Each parent, guardian, custodian, or other person
responsible for the welfare of a child named in a report or
record and an attorney of the person described under this
subdivision, with protection for the identity of reporters and
other appropriate individuals.
IC 31-33-18-3
Disclosure to qualified researchers
Sec. 3. (a) Section 2 of this chapter does not prevent the county
office of family and children or the department from disclosing to a
qualified individual engaged in a good faith research project either:
(1) information of a general nature, including the incidents of
reported child abuse or neglect or other statistical or social data
used in connection with studies, reports, or surveys, and
information related to their function and activities; or
(2) information relating to case histories of child abuse or
neglect if:
(A) the information disclosed does not identify or reasonably
tend to identify the persons involved; and
(B) the information is not a subject of pending litigation.
(b) To implement this section, the department shall adopt under
IC 4-22-2 rules to govern the dissemination of information to
qualifying researchers.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.156.
IC 31-33-18-4
Notice to parent, guardian, or custodian of availability of reports,
information, and juvenile court records; release form; copying
costs
Sec. 4. (a) Whenever a child abuse or neglect investigation is
conducted under this article, the department shall give verbal and
written notice to each parent, guardian, or custodian of the child that:
(1) the reports and information described under section 1 of this
chapter relating to the child abuse or neglect investigation; and
(2) if the child abuse or neglect allegations are pursued in
juvenile court, the juvenile court's records described under
IC 31-39;
are available upon the request of the parent, guardian, or custodian
except as prohibited by federal law.
(b) A parent, guardian, or custodian requesting information under
this section may be required to sign a written release form that
delineates the information that is requested before the information is
made available. However, no other prerequisites for obtaining the
information may be placed on the parent, guardian, or custodian
except for reasonable copying costs.
As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005,
SEC.157.