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State Statute Summaries
(Disclosure of Child Abuse & Neglect Records)
Authored & Edited by
egypt
From: Child Welfare Information Gateway
http://www.childwelfare.gov/systemwide/laws_policies/statutes/confideall.pdf
Confidential Child
Abuse and Neglect
Records: Summary
of State Laws
The records of child abuse and neglect reports are maintained by State child protection or social services agencies to aid in the investigation, treatment, and prevention of child abuse cases and to maintain statistical information for staffing and funding purposes. In many States, these records and the results of investigations are maintained in databases, often known as central registries. The type of information contained in registry and department records varies from State to State, as does access to the information maintained.
Confidentiality of Records
Under the Child Abuse Prevention and Treatment Act (CAPTA)1, in order to receive a Federal grant, States must preserve the confidentiality of all child abuse and neglect reports and records to protect the privacy rights of the child and of the child’s parents or guardians except in certain limited circumstances. Statutory provisions concerning access to central registry and department records are one answer to the question of how to protect family autonomy and privacy rights and yet ensure protection for children. All jurisdictions have confidentiality provisions to protect abuse and neglect records from public scrutiny. Confidentiality provisions mandate that such records are confidential, and many include specific mechanisms for protecting the from public view.
Persons or Entities Allowed Access to Records
Most jurisdictions permit certain persons access to registry and department records. In general, these are people with a direct interest in a case, in the child’s welfare, or in providing protective or treatment services. Many statutes specifically describe who may access the records and under what circumstances. Typically,persons entitled to access include physicians, researchers, police, judges, and other court personnel. Several States also provide confidential records to any person who is the subject of a report.
Public Disclosure of Records
Under most circumstances, information from child abuse and neglect records may not be disclosed to the public. In approximately2 233 States and the District of Columbia, however, some disclosure of information is allowed in cases in which abuse or neglect of the child has resulted in a fatality or near fatality. In five States (Minnesota, Nebraska, North Carolina, Oklahoma, and Wisconsin), the alleged perpetrator of the abuse must be criminally charged with causing the fatality4 or near fatality before information may be disclosed.
Approximately 12 States5 allow disclosure of information for the purpose of clarifying or correcting the record when information has already been made public through another source, such as disclosure by the subject of the report, a law enforcement agency, or the court. In four States (Colorado, Iowa, Montana, and Nevada), public disclosure is allowed when a suspected perpetrator of abuse or neglect has been arrested or criminally charged. In Florida, the name and physical description of a child who is under the supervision of the department must be released when that child is found to be missing from his or her placement.
Use of Records for Employment Screening
Central registry and department records are increasingly used to screen adults for various employment or volunteer positions.
Approximately 296 States and the District of Columbia allow or require a check of central registry or department records for individuals applying to be child or youth care providers. Information is made available to employers in the childcare business,
schools, or health care industry. Information, however, is generally limited to whether there are substantiated or indicated reports of child maltreatment for potential employees or volunteers who will have significant contact with children.
142 U.S.C.A. §5106a(b)(2)(A)(v) (West Supp. 1 998).
2The word approximately is used throughout the State Statutes series to stress the fact
the States frequently amend their laws, so this information is current only through April
2005.
3 Alabama, Arizona, Arkansas, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana,
Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Nevada, New
Jersey, New Mexico, New York, Rhode Island, and South Dakota.
4 A “near fatality” is usually defined as a serious injury that places the child in critical
5Arizona, Connecticut, Illinois, Iowa, Kentucky, Louisiana, Maine, Michigan, Montana,
New York, South Carolina, and Wisconsin.
6Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Illinois, Indiana,
Iowa, Louisiana, Maine, Maryland, Mississippi, Missouri, Montana, Nebraska, New
Hampshire, New Jersey, New York, Oregon, Pennsylvania, South Carolina, South Dakota,
Utah, Vermont, Virginia, Washington, and Wyoming.
This publication is a product of the State Statutes Series prepared by
Child Welfare Information Gateway. Whileevery attempt has been made to be
complete, additional information on these topics may be in other sections of a
State’s code as well as in agency regulations, case law, and
informal practices and procedures.
The following is from:
http://www.childwelfare.gov/systemwide/laws_policies/state/
State Statutes Results
Alabama
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 474 KB) publication.
Confidentiality of Records
Citation: § 26-14-8
The reports and records of child abuse and neglect and related information or testimony shall be confidential, and shall not be used or disclosed for any purposes other than specified in statute.
Persons or Entities Allowed Access to Records
§ 26-14-8
Police or other law enforcement agency for investigation of child abuse or neglect
A grand jury when it is necessary in the conduct of its official business
A court when it is necessary for the determination of an issue before it
Any person engaged in bona fide research
Any person authorized by a court to act as a representative for an abused or neglected child who is the subject of a report
A physician who reasonably suspects that a child may be abused or neglected
An attorney or guardian ad litem in representing or defending a child or the child’s parents or guardians in a court proceeding related to abuse or neglect of the child
Federal, State, or local governmental entities, social service agencies of another State having a need for the information in order to carry out their responsibilities
Child abuse citizen review, quality assurance, or multidisciplinary review panels
Child fatality review panels
When Public Disclosure of Records is Allowed
Citation: § 26-14-8
Public disclosure of the findings or information about the case of child abuse or neglect [is permitted when the case] has resulted in a child fatality or near fatality.
Use of Records for Employment Screening
Citation: § 26-14-8
The names of persons or information in the investigative report placed on the State's central registry may be made available to the alleged perpetrator's employer, prospective employer, or others when the Department of Human Resources or the investigative hearing officer has determined child abuse or neglect to be indicated.
Alaska
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 474 KB) publication.
Confidentiality of Records
Citation: § 47.17.040
Investigation reports and reports of harm filed under this chapter are considered confidential and are not subject to public inspection.
Persons or Entities Allowed Access to Records
§ 47.17.040
In accordance with department regulations, investigation reports may be used by appropriate governmental agencies with child-protection functions, inside and outside the State, in connection with investigations or judicial proceedings involving child abuse, neglect, or custody.
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Not addressed in statutes reviewed
American Samoa
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 474 KB) publication.
Confidentiality of Records
Citation: § 45.2023
Reports made under this chapter, as well as any other information obtained, reports written, or photographs taken concerning those reports that are in the possession of the department and agency are confidential.
Persons or Entities Allowed Access to Records
§§ 45.2023; 45.2024; 45.2027
The attorney general at all times
A physician who reasonably believes that a child may have been abused, sexually abused, or neglected
A person authorized to place a child in protective custody when that person requires the information to determine whether to place the child in protective custody
An agency that has responsibility for the care or supervision of the subject of a report
Any person who is the subject of a report
A court when it is necessary for the determination of an issue before it
Any person engaged in bona fide research
A child who is the subject of a report after he or she has reached 18 years of age and has a sibling or offspring who is a suspected victim of child abuse, sexual abuse, or neglect
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Not addressed in statutes reviewed
Arizona
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 474 KB) publication.
Confidentiality of Records
Citation: § 8-807
CPS information shall be maintained by the department as required by Federal law.
Persons or Entities Allowed Access to Records
§ 8-807
A Federal agency, a State agency, a tribal agency, a county or municipal agency, a county attorney, a school, a community service provider, a contract service provider, or any other person that is providing services pursuant to this chapter
A court, a party in a dependency or termination of parental rights proceeding or the party's attorney, the foster care review board, or a court appointed special advocate
A domestic relations, family, or conciliation court if the CPS information is necessary to promote the safety and well-being of children
A person or agent of a person who is the subject of CPS information
A person who is conducting bona fide research
The parent, guardian, or custodian of a child if the CPS information is reasonably necessary to promote the safety, permanency, and well-being of the child
Federal or State auditors
A legislator or committee of the legislature
A citizen review panel, a child fatality review team, and the office of ombudsman-citizen's aide
A prospective adoptive parent, foster parent, or guardian
When Public Disclosure of Records is Allowed
Citation: § 8-807
The department:
May provide CPS information to confirm, clarify, or correct information concerning an allegation or actual instance of child abuse or neglect that has been made public by sources outside the department
May provide and, on request, shall provide summary information regarding a fatality or near fatality caused by abuse or neglect
Use of Records for Employment Screening
Citation: § 8-804
Information contained in the central registry shall be used by the department only for the following purposes:
To conduct background checks as one factor to determine qualifications for foster home licensing, adoptive parent certification, childcare home certification, registration of unregulated childcare homes, and home and community-based services certification for services to children
To conduct background checks as one factor to determine qualifications for persons applying for employment with this State in positions that provide direct service to children or vulnerable adults and persons applying for contracts with this State, including employees of the potential contractor, for positions that provide direct service to children or vulnerable adults
Arkansas
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 474 KB) publication.
Confidentiality of Records
Citation: § 12-12-506
Reports made pursuant to this subchapter shall be confidential and may be used or disclosed only as provided in this section.
Only allegations that are determined to be true may be disclosed as provided below.
Persons or Entities Allowed Access to Records
§ 12-12-506
The administration of the adoption, foster care, children's protective services programs, or childcare licensing programs of any State
A Federal, State, or local government entity having a need for the information in order to carry out their responsibilities to protect children, conduct audits, or other similar activity
Any person who is the subject of a true report
A person, agency, or organization engaged in a bona fide research or evaluation project
A properly constituted authority, including multidisciplinary teams, investigating a report of known or suspected child abuse or neglect or providing services to a child or family that is the subject of a report
Child abuse citizen panels or child fatality review panels
A grand jury or court when it is necessary for the determination of an issue
The current foster parents of a child who is a subject of a report
Individual Federal and State senators and representatives and their staff members
A court-appointed special advocate for a child who is a subject of a report
The attorney ad litem of a child who is the subject of a report
When Public Disclosure of Records is Allowed
Citation: § 12-12-506
The findings or information about the case of child abuse or neglect that has resulted in a child fatality or near fatality may be released to the general public.
The central registry may redact any information concerning siblings, attorney-client communications, and other confidential communications.
Use of Records for Employment Screening
Citation: § 12-12-506
Findings and information about the case may be released to:
o The Division of Child Care and Early Childhood Education of the Department of Human Services and the childcare facility owner or operator who requested the registry information from an individual who is a volunteer, has applied for employment, or is currently employed by a childcare facility or who is the owner or operator of a childcare facility.
o Employers or volunteer agencies for purposes of screening employees, applicants, or volunteers who are or will be engaged in employment or activity with children, the elderly, the disabled, or the mentally ill.
The disclosure shall be for the limited purpose of providing central registry background information and shall indicate a true finding only.
California
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 474 KB) publication.
Confidentiality of Records
Citation: Penal Code § 11167.5
Reports shall be confidential and may be disclosed only as provided by law.
Persons or Entities Allowed Access to Records
Penal Code §§ 11167.5; 11170; 11170.5
A law enforcement agency, county welfare department, or county probation department that is conducting a child abuse investigation
County child death review teams or the State Child Death Review Council
Investigative agencies, probation officers, or court investigators responsible for placing children or assessing the possible placement of children
Licensed adoption agencies
Out-of-state law enforcement agencies, prosecutorial entities, or multidisciplinary investigative teams, conducting investigations of known or suspected child abuse or neglect
District attorneys
The reporting medical practitioner, child custodian, guardian ad litem, or counsel
The mandated reporter who made a report of abuse involving the subject child
Multidisciplinary personnel teams
Hospital scan teams
Coroners and medical examiners
The subject of the report
Authorized persons within county health departments who are permitted to receive copies of any reports made by health practitioners
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Citation: Penal Code § 11170
The department shall make available to the State Department of Social Services or to any county licensing agency information regarding a known or suspected child abuse concerning any person who is an applicant for licensure, any adult who resides or is employed in the home of an applicant for licensure, who is an applicant for employment in a position having supervisory or disciplinary power over a child or children, or who will provide 24-hour care for a child or children in a residential home or facility.
The department shall make available to a government agency conducting a background investigation of an applicant seeking employment as a peace officer information regarding known or suspected child abuse concerning the applicant.
Colorado
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 474 KB) publication.
Confidentiality of Records
Citation: § 19-1-307
Except as otherwise provided by law, reports of child abuse or neglect and the name and address of any child, family, or informant, or any other identifying information contained in such reports shall be confidential and shall not be public information.
Persons or Entities Allowed Access to Records
§ 19-1-307
The law enforcement agency, district attorney, coroner, or county or district department of social services investigating a report or treating a child or family that is the subject of the report
A physician who reasonably suspects that a child is abused or neglected
An agency that has responsibility or authorization to care for, treat, or supervise a child who is the subject of a report
A parent, guardian, legal custodian, or other person who is responsible for the child's health or welfare
The subject of a report
A court when it is necessary for determination of an issue before it
All members of a child protection team
Such other persons as a court may determine, for good cause
The State Department of Human Services for the purpose of aiding the Department of Education in its investigation of an allegation of abuse by an employee of a school district
The State Department of Human Services for the purpose of screening a prospective adoptive parent or investigating a prospective CASA volunteer
Private adoption agencies for the purpose of screening prospective adoptive parents
A person, agency, or organization engaged in a bona fide research, evaluation project, or audit
Citizen review panels
When Public Disclosure of Records is Allowed
Citation: § 19-1-307
Disclosure of the name and address of the child and family and other identifying information involved in such reports shall be permitted only when authorized by a court for good cause.
Such disclosure shall not be prohibited when:
o There is a death of a suspected victim of child abuse or neglect and the death becomes a matter of public record.
o An alleged juvenile offender is or was a victim of abuse or neglect.
o The suspected or alleged perpetrator becomes the subject of an arrest or the filing of a formal charge by a law enforcement agency.
Use of Records for Employment Screening
Citation: § 19-1-307
Records or reports of child abuse or neglect may be used by:
The State Department of Human Services, a county or district department of social services, or a child placement agency investigating an applicant for a license to operate a childcare facility or agency
The State Department of Human Services, when requested in writing by any operator of a licensed facility or agency, for the purpose of screening an applicant for employment or a current employee
The State Department of Human Services and the county departments of social services, for the following purposes:
o Screening any person who seeks employment with, is currently employed by, or who volunteers with the State Department of Human Services, Department of Health Care Policy and Financing, or a county department of social services, if such person's responsibilities include direct contact with children
o Screening any person who will be responsible to provide childcare pursuant to a contract with a county department for placements out of the home or private childcare
o Screening an applicant for a supervisory employee position or an employee of a guest childcare facility
Connecticut
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 474 KB) publication.
Confidentiality of Records
Citation: §§ 17a-28; 17a-101k
Records maintained by the department shall be confidential and shall not be disclosed.
The information contained in the reports and any other information relative to child abuse, wherever located, shall be confidential subject to such statutes and regulations governing their use and access.
Persons or Entities Allowed Access to Records
§ 17a-28
A law enforcement agency
The Chief State's Attorney or a State's attorney for the judicial district in which the child resides or in which the alleged abuse or neglect occurred for purposes of investigating or prosecuting an allegation of child abuse or neglect
The attorney or guardian ad litem appointed to represent a child
The Governor in the course of the Governor's official functions
The Legislative Program Review and Investigations Committee
The General Assembly committee on judiciary and the committee having cognizance of matters involving children
A local or regional board of education
A party in a custody proceeding
Multidisciplinary teams that assist the department in investigation, evaluation, or treatment of child abuse and neglect cases
A multidisciplinary provider of professional treatment services
Any agency in another State that is responsible for investigating or protecting against child abuse or neglect
An individual, including a physician, who is authorized by law to place a child in protective custody if such individual has before him or her a child who may be a victim of abuse or neglect
An individual or agency responsible for the care, custody, or education of a child who is the subject of a record of child abuse or neglect
The Attorney General or any assistant attorney general providing legal counsel for the department
Individuals or agencies engaged in medical, psychological, or psychiatric diagnosis or treatment
The person who made a report of abuse involving the subject child
An individual conducting bona fide research
The Auditors of Public Accounts or their representative
The Department of Social Services, provided the information disclosed is necessary to promote the health, safety, and welfare of the child
A judge of the Superior Court for purposes of determining the appropriate disposition of a child convicted as delinquent or a child who is a member of a family with service needs
The superintendents, or their designees, of State-operated facilities within the department
When Public Disclosure of Records is Allowed
Citation: § 17a-28
When information concerning an incident of abuse or neglect has been made public or when the commissioner reasonably believes publication of such information is likely, the commissioner or his designee may disclose, with respect to an investigation of such abuse or neglect:
o Whether the department has received a report
o In general terms, any action taken by the department, provided names or other individually identifiable information of the minor victim or other family member shall not be disclosed, notwithstanding such individually identifiable information is otherwise available
The commissioner shall make available to the public, without the consent of the person, information in general terms or findings concerning an incident of abuse or neglect that resulted in a child fatality or near fatality of a child, provided disclosure of such information or findings does not jeopardize a pending investigation.
Use of Records for Employment Screening
Citation: § 17a-28
The commissioner or the commissioner's designee shall, upon request, promptly provide copies of records, without the consent of the person, to:
The Department of Public Health for the purpose of determining the suitability of a person to care for children in a licensed facility
The Department of Social Services for determining the suitability of a person for any payment from the department for providing childcare
Delaware
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 474 KB) publication.
Confidentiality of Records
Citation: Tit. 16, § 906
To protect the privacy of the family and the child named in a report, the Division shall establish guidelines concerning the disclosure of information concerning the abuse and neglect involving a child.
Persons or Entities Allowed Access to Records
Tit. 16, § 906
The Division may require persons to make written requests for access to records maintained by the Division.
The Division shall only release information to persons who have a legitimate public safety need for such information or a need based on the health and safety of a child subject to abuse, neglect, or the risk of maltreatment, and such information shall be used only for the purpose for which the information is released.
When Public Disclosure of Records is Allowed
Not addressed in statutes reviewed
Use of Records for Employment Screening
Not addressed in statutes reviewed
District of Columbia
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 474 KB) publication.
Confidentiality of Records
Citation: § 4-1302.03
The staff that maintains the Child Protection Register shall release only that information that is necessary for the purpose of the request and that does not violate the confidentiality of the persons identified in the report, except as is necessary.
Persons or Entities Allowed Access to Records
§§ 4-1302.03; 4-1302.04
Police officers for the purpose of an investigation of a report
The Attorney General or the U.S. Attorney for the District of Columbia for the purpose of investigating and prosecuting cases of an allegedly abused or neglected child
The personnel of the Agency and the Social Services Agency of the Superior Court for the purpose of investigating a report or providing services to a family or child who is the subject of a report
The guardian ad litem of a child who is the subject of a report.
Each person identified in a report as a person responsible for the neglect of the child or that
person's attorney
The parent, guardian, custodian, or attorney of the child who is the subject of the report
A licensed child-placing agency for the purpose of checking a proposed foster care or adoptive placement for a report of abuse or neglect
The Child Fatality Review Committee
Any member of a multidisciplinary investigation team for purposes of an investigation or review
Another jurisdiction if:
o That jurisdiction has comparable safeguards for ensuring the confidentiality of information regarding persons identified in the report and for withholding the identity of the source of the report.
o The staff obtains permission for the release of the information from each person identified in the report and from the source of the report.
Medical professionals for the purpose of obtaining a diagnosis of the child who is the subject of the report
Researchers for research and evaluation
When Public Disclosure of Records is Allowed
Citation: § 4-1303.32
Notwithstanding any other provision of law, a disclosing official shall upon written request by any person, and may upon his or her own initiative, disclose to the public the findings and information related to a child fatality or near fatality, except as provided below.
This subsection shall not apply to the disclosure of any portion of the findings or information if disclosure of that portion would likely:
o Endanger the life, physical safety, or physical or emotional well-being of the child who is the subject of the report, a sibling of the child, or a child who has shared the same household as the child
o Endanger the life or physical safety of any person
o Interfere with an ongoing law enforcement investigation or proceeding pertaining to the child fatality or near fatality
o Deprive a person of a right to a fair trial or an impartial adjudication
o Disclose the identity of the reporter of the abuse or any confidential law enforcement source in a criminal proceeding pertaining to the child fatality or near fatality
o Disclose the identity of a birth parent of a child, if the child has been adopted and there has been no contact between the child and the birth parent immediately prior to the fatality or near fatality
o Disclose personal or private information
Use of Records for Employment Screening
Citation: § 4-1302.03
The staff that maintains the Child Protection Register shall grant access to substantiated reports to the chief executive officers or directors of daycare centers, schools, or any public or private organizations working directly with children, for the purpose of making employment decisions regarding employees and volunteers or prospective employees and volunteers, if:
o The request is made in writing and clearly articulates the basis for the request
o The request is accompanied by a notarized consent for release of information from the Child Protection Register signed by the employee or volunteer or prospective employee or volunteer
o Information provided pursuant to this subsection shall be limited to information pertaining to the nature and disposition of the report of abuse or neglect and shall not include any identifying information regarding any person other than the employee or volunteer, or prospective employee or volunteer.
The Agency shall not release any information pursuant to this subsection pertaining to a substantiated report that was received prior to October 19, 2002.
Florida
Child Abuse and Neglect
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 474 KB) publication.
Confidentiality of Records
Citation: § 39.202
All records held by the department concerning reports of child abandonment, abuse, or neglect, including reports made to the central abuse hotline and all records generated as a result of such reports, shall be confidential and exempt from the provisions of § 119.07(1) [allowing public records to be inspected and copied], and shall not be disclosed except as specifically authorized by this chapter.
Persons or Entities Allowed Access to Records
§ 39.202
Employees, authorized agents, or contract providers of the department, the Department of Health, or county agencies responsible for carrying out:
o Child or adult protective investigations
o Ongoing child or adult protective services
o Healthy Start services
o