§17-1601-6 - Disclosure to third parties without consent or court order.

§17-1601-6 Disclosure to third parties without consent or court order.

Disclosure of all or a portion of the record without consent or court order shall be authorized when made pursuant to a legitimate state purpose and in accordance with 17-1601-4. A legitimate

state purpose shall include but is not limited to disclosure to the persons listed below unless otherwise specified in Public Law No. 104-235, 45 C.F.R. §§205.50, 1340.14(i)(2)(xi); 42 U.S.C §5106a and sections 17-1601-7, 17-1601-8, 17-1601-9 and 17-1601-10:

(1) A court in the state for in camera review only;

(2) Grand juries, when connected with the prosecution of a child abuse or neglect case;

(3) Legally authorized governmental, civilian, or military entities investigating, prosecuting, or providing services to a child or family who is the subject of a report of known or suspected child abuse or neglect;

(4) A person legally authorized to place a child in protective custody when that person reasonably suspects the child is being abused, neglected, or is at risk of imminent harm and the information is required in order to determine whether to remove the child;

(5) Agencies or individuals authorized, contracted, or licensed by the department to assess, diagnose, care, treat, supervise, or provide services to a child or family who is, or has been, the subject of a report of abuse or neglect;

(6) Multidisciplinary or other consultant teams under contract to or in arrangement with the department to give consultation to social workers or the department;

(7) Licensed physicians concerned that a child under their care may be the victim of child abuse or neglect;

(8) A child fatality review team or citizen review panel authorized by law;

(9) A coroner or medical examiner who has reason to believe that a child has died as the result of abuse or neglect;

(10) Federal, state, and local officials, and their agents responsible for administration, monitoring or auditing of child welfare services programs and legislation, including agencies administering programs under the Social Security Act for purposes of:

(A) The administration of federal or federally assisted programs which provide assistance in cash or in kind,

or services directly to individuals on the basis of need; or

(B) An audit or similar activity, conducted in connection with the administration of the social service program by any governmental entity that is authorized by law to conduct the audit or activity.

(11) The Office of the Legislative Auditor for purposes of an audit authorized by law.

(12) Police departments, the prosecutor's office, the attorney general's office, the ombudsman's office, or any other state or federal agency when the disclosure is made for purposes directly connected with any investigation, prosecution, or criminal or civil proceedings conducted in connection with the administration of the department's social services, financial or medical assistance, and food stamp programs. Under this paragraph, disclosure shall be permitted for such purposes as:

(A) The detection, investigation, or prosecution of violations of applicable state and federal laws or regulations in connection with these programs, including any and all aspects of theft, fraud, deception, or overpayment;

(B) Departmental claims against estates of deceased recipients, or initiation of paternity and nonsupport actions by the department under Title IV-D of the Social Security Act (42 U.S.C. §§651-662); and

(C) Providing information to the ombudsman's office investigating complaints about the administration of social services, financial or medical assistance, and food stamp programs.

(13) Persons not otherwise listed, at the discretion of the department, to ensure the safety of a child or children subject to harm or threatened harm, or to secure services or benefits for a child or children subject to harm or threatened harm;

(14) An individual identified as a perpetrator of child abuse and/or neglect on whom an official departmental finding or disposition was made;

(15) Persons engaged in a bona fide research or evaluation project where prior written approval has been secured from the director specifying the limits and scope of the project;

(16) Disclosure to the public when:

(A) The subject of the report has been criminally charged with committing a crime relating to the child abuse or neglect report;

(B) A law enforcement agency or official, a state's attorney, or a judge of the state court system has publicly disclosed in a report, as part of his or her official duty, information regarding the investigation of a report, or the provision of services by the department;

(b) (C) A legal custodian of the child, the alleged perpetrator, or other party has voluntarily made a public disclosure concerning a child abuse and neglect report, investigation of a report, or the provision of services by the department; or

(D) The child named in the report is missing, has suffered a near fatality, been critically injured, or has died; and

(17) To an authorized state agency pursuant to a memorandum of agreement, for the purpose of conducting a child abuse and neglect clearance.

        [Eff DEC 09 2004 ] (Auth: HRS §§346-10, 346-14, 350-1; 45 C.F.R. §§205.50, 1340.14) (Imp: HRS §§346-10, 350-1, 587-81; Pub.L.No. 104-235, 45 C.F.R. §§205.50, 1340.14(i)(2)(xi); 42 U.S.C §5106a)

The following state regulations pages link to this page.