La. Admin. Code tit. 48, § I-17115 - Confidentiality
A. Information
contained in the case records of Adult Protective Services shall not be
released without a written authorization from the involved individual or
his/her legally authorized representative, except that the information may be
released to law enforcement agencies pursuing enforcement of criminal statutes
related to the abuse of the adult or the filing of false reports of abuse or
neglect, or to social service agencies, licensed health care providers, and
appropriate local or state agencies where indicated for the purpose of
coordinating the provision of services or treatment necessary to reduce the
risk to the adult from abuse, neglect, exploitation, or extortion and to state
regulatory agencies for the purpose of enforcing federal or state laws and
regulations relating to abuse, neglect, exploitation or extortion by persons
compensated through state or federal funds.
1. Requests for copies of confidential
information are to be forwarded to the APS Director, P.O. Box 3518, Bin #11,
Baton Rouge, La 70821.
2. In
instances where the adult is determined by Adult Protective Services as unable
to give consent and there is no legally appointed guardian, records may be
released in response to an order by a judge of a court of competent
jurisdiction.
B. The
identity of any person who in good faith makes a report of abuse, neglect,
exploitation, or extortion shall be confidential and shall not be released
without the written authorization of the person making the report, except that
the information may be released to law enforcement agencies pursuing
enforcement of criminal statutes related to the abuse of the adult or to the
filing of false reports of abuse or neglect.
C. Prior to releasing any information, except
information released to law enforcement agencies as provided herein, the adult
protection agency shall edit the released information to protect the
confidentiality of the reporter's identity and to protect any other individual
whose safety or welfare may be endangered by disclosure.
Notes
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