37.710. Access to information--authority of office--confidentiality of information. - Missouri Statutes

Access to information--authority of office--confidentiality ofinformation.

37.710. 1. The office shall have access to the followinginformation:

(1) The names and physical location of all children in protectiveservices, treatment, or other programs under the jurisdiction of thechildren's division, the department of mental health, and the juvenilecourt;

(2) All written reports of child abuse and neglect; and

(3) All current records required to be maintained pursuant tochapters 210 and 211, RSMo.

2. The office shall have the authority:

(1) To communicate privately by any means possible with any childunder protective services and anyone working with the child, including thefamily, relatives, courts, employees of the department of social servicesand the department of mental health, and other persons or entitiesproviding treatment and services;

(2) To have access, including the right to inspect, copy and subpoenarecords held by the clerk of the juvenile or family court, juvenileofficers, law enforcement agencies, institutions, public or private, andother agencies, or persons with whom a particular child has been eithervoluntarily or otherwise placed for care, or has received treatment withinthis state or in another state;

(3) To work in conjunction with juvenile officers and guardians adlitem;

(4) To file amicus curiae briefs on behalf of the interests of theparent or child;

(5) To initiate meetings with the department of social services, thedepartment of mental health, the juvenile court, and juvenile officers;

(6) To take whatever steps are appropriate to see that persons aremade aware of the services of the child advocate's office, its purpose, andhow it can be contacted;

(7) To apply for and accept grants, gifts, and bequests of funds fromother states, federal, and interstate agencies, and independentauthorities, private firms, individuals, and foundations to carry out hisor her duties and responsibilities. The funds shall be deposited in adedicated account established within the office to permit moneys to beexpended in accordance with the provisions of the grant or bequest; and

(8) Subject to appropriation, to establish as needed local panels ona regional or county basis to adequately and efficiently carry out thefunctions and duties of the office, and address complaints in a timelymanner.

3. For any information obtained from a state agency or entity undersections 37.700 to 37.730, the office of child advocate shall be subject tothe same disclosure restrictions and confidentiality requirements thatapply to the state agency or entity providing such information to theoffice of child advocate. For information obtained directly by the officeof child advocate under sections 37.700 to 37.730, the office of childadvocate shall be subject to the same disclosure restrictions andconfidentiality requirements that apply to the children's divisionregarding information obtained during a child abuse and neglectinvestigation resulting in an unsubstantiated report.

(L. 2004 H.B. 1453)