Information in a protective services case record may not be
disclosed, except as provided in this section.
(1) Information may be disclosed to a court
of competent jurisdiction or under a court order. The protective service agency
shall disclose case record information for the purpose of in camera review by
the court.
(2) If an investigation
by the agency results in a report of criminal conduct, law enforcement
officials shall have access to relevant records maintained by the agency or the
Department.
(3) In arranging
specific services to effect service plans, the agency may disclose to
appropriate service providers information necessary to initiate the delivery of
services.
(4) A subject of a
report, a court-appointed guardian or an attorney providing legal services to
the subject of the report made under §
15.23 (relating to receiving
reports; general agency responsibility) may receive, upon written request,
information contained in the report except that prohibited from being disclosed
by paragraph (5).
(5) The release
of information that would identify the person who made a report of suspected
abuse, neglect, exploitation or abandonment or a person who cooperated in a
subsequent investigation, is prohibited unless the Secretary can determine that
the release will not be detrimental to the safety of the person. Prior to
releasing information under this paragraph, the Secretary will notify the
person whose identity would be released that the person has 45 days to advise
the Secretary why this anticipated release would be detrimental to the safety
of that person.
(6) When the
Department is involved in the hearing of an appeal by a subject of a report
made under §
15.23, the appropriate Department staff shall have access to
information in the case record relevant to the appeal.
(7) For the purposes of monitoring agency
performance, appropriate staff of the Department may have access to agency
protective services records.
(8)
For the purposes of monitoring agency performance and carrying out other
administrative responsibilities, individuals with local administrative
authority over the protective services program may have access to agency
protective services records.
