PROCEDURE XIII-A3: Information Disclosure on True
Findings
I
08/2013
CONFIDENTIALITY
Information on a completed true investigation is confidential and it
remains confidential even after disclosure made under the conditions listed
below. The party releasing the information will notify, either verbally or in
writing, any person receiving it that information on a completed true
investigation is confidential and may not be shared with
others.
The following exceptions exist:
A. A person or entity may consult his own
attorney about the aforementioned information.
B. A subject of a report may disclose any
information contained in the report.
DISCLOSURE-GENERAL
As designated by Arkansas Code Ann. §
12-18-909, the Child Maltreatment
Central Registry may provide information, including protected health
information .and the administrative hearing decision,
on a completed true investigation when requested by:
A. A person or agency that provides services
such as medical examination of, an assessment interview with, diagnosing,
caring for, treating, or supervising either a victim of maltreatment, a
juvenile offender, or an under aged juvenile offender;
B. The administration of the adoption, foster
care, children's and adult protective services programs, or child care
licensing programs of any state;
C.
Any government entity having a need for the information in order to carry out
its responsibilities under law to protect children from abuse or
neglect;
D. The alleged
offender;
E. A civil or
administrative proceeding connected with the administration of the Arkansas
Child Welfare State Plan when the court or hearing officer determines that the
information is necessary for the determination of an issue before the court or
agency;
F. An audit or similar
activity conducted in connection with the administration of such a plan or
program by any governmental agency that may by law conduct the audit or
activity;
G. A person, agency, or
organization engaged in a bona fide research or evaluation project having value
as determined by the Division in future planning for programs for maltreated
children or in developing policy directions;
H. The responsible multidisciplinary
team;
I. Child abuse citizen
panels;
J. Child fatality review
panels;
K. The current foster
parents of a child who is a subject of a report;
L. The attorney ad litem of the of the
alleged victim or offender;
M. The
court appointed special advocate of the alleged victim or offender;
N. The Department of Human
Services;
O. Any licensing or
registering authority, to the extent necessary to carry out its official
responsibilities;
P. Any person or
entity to whom notification of the allegation was provided;
Q. Any school superintendent, principal, or a
person in an equivalent position, or the Department of
Education to the extent necessary to carry out its responsibility to
ensure that children are protected while in the school environment or during
off-campus school activities;
R. Law Enforcement;
S. The prosecuting attorney's
office;
T. A grand jury or court
upon a finding that information in the record is necessary for the
determination of an issue before the court or grand jury;
1) The grand jury or court may disclose it to
parties to a legal proceeding upon a finding that the report is necessary for
the presentation of a party's complaint or defense and under such terms
of aprotective order issued by the
court;
U.
Individual federal and state legislators, and their authorized staff members
acting in their official capacities, who agree to keep the information
confidential.
No disclosure may be made to any committee or legislative body.
Information that identifies the person who made the report will be
disclosed by the Division only if:
A. A court reviews the record related to that
report and determines that the reporter knowingly made a false report, and then
orders the release of this information.
B. Requested by the prosecuting attorney or
law enforcement.
DISCLOSURE-LIMITED
The Child Maltreatment Central Registry may release only limited
information to the following:
A. The Division of Child Care and Early
Childhood Education of the Department of Human Services and the child care
facility owner or operator who requested the Child Maltreatment Central
Registry information through a signed notarized release from an individual who
is a volunteer, has applied for employment, is currently employed by a child
care facility, or is the owner or operator of a child care facility.
1) This disclosure shall be for the limited
purpose of providing Child Maltreatment Central Registry background information
and shall indicate a true finding only;
B. An employer or volunteer agency for
purposes of screening an employee, applicant, or volunteer who is or will be
engaged in employment or activity with children, the elderly, individuals with
disabilities, or individuals with mental illness upon submission of a signed,
notarized release from the employee, applicant, or volunteer.
1) The Registry shall release only the
following information on true reports to the employer or agency:
a. That the employee, applicant, or volunteer
has a true report.
b. The date the
investigation was completed.
c. The
type of true report.
PROCEDURE XIII-A4: Information Disclosure on Screened
Out and Unsubstantiated Reports
08/2013
CONFIDENTIALITY
Information on a screened out or unsubstantiated report is confidential
and it remains confidential even after disclosure made under the conditions
listed below.- DCFS will notify any person receiving information that
information on a screened out or unsubstantiated report is confidential and may
not be shared with others; the only exception being that a person or entity can
consult his own attorney about information contained in any notice provided by
the Division.
Information that identifies the person who made the report will be
disclosed by the Division only if:
A.
A court reviews the record related to that report and determines that the
reporter knowingly made a false report, and then orders the release of this
information.
B. Requested by the
prosecuting attorney or law enforcement.
DISCLOSURE: UNSUBSTANTIATED REPORTS
In accordance with Arkansas Code Ann. §
12-18-910, an unsubstantiated
report, including protected health information,and the
administrative hearing decision, shall be confidential and shall
be disclosed only to:
A.
The prosecuting attorney
B. A
subject of the report
C. Law
enforcement
D. Any licensing or
registering authority to the extent necessary to carry out its official
responsibilities;
E. Adult
protective services
F. The Division
of Developmental Disabilities Services and the Division of Aging and Adult
Services as to participants of the waiver program
G. A court appointed special advocate upon
presentation of an order of appointment for a child who is a subject of a
report
H. The attorney ad litem of
a child who is the subject of a report I. Any person or entity to whom
notification was provided under this chapter
J. A grand jury or court upon a finding that
information in the record is necessary for the determination of an issue before
the court or grand jury
1) The grand jury or
court may disclose it to parties to a legal proceeding upon a finding that the
report is necessary for the presentation of a party's complaint or defense and
under such terms or protective order that the court orders K. Acting in their
official capacities, individual United States and Arkansas senators and
representatives and their authorized staff members but only if they agree not
to permit any re-disclosure of the information
No disclosure may be made to any committee or legislative body.
DISCLOSURE: SCREENED-OUT REPORTS
Any record of a screened-out report of child maltreatment shall not be
disclosed except to the prosecuting attorney and law enforcement and may be
used only within the Division for purposes of administration of the
program.
