210.150. Confidentiality of reports and records, exceptions--violations, penalty. - Missouri Statutes

Confidentiality of reports and records, exceptions--violations,penalty.

210.150. 1. The children's division shall ensure the confidentialityof all reports and records made pursuant to sections 210.109 to 210.183 andmaintained by the division, its local offices, the central registry, andother appropriate persons, officials, and institutions pursuant to sections210.109 to 210.183. To protect the rights of the family and the childnamed in the report as a victim, the children's division shall establishguidelines which will ensure that any disclosure of information concerningthe abuse and neglect involving that child is made only to persons oragencies that have a right to such information. The division may requirepersons to make written requests for access to records maintained by thedivision. The division shall only release information to persons who havea right to such information. The division shall notify persons receivinginformation pursuant to subdivisions (2), (7), (8) and (9) of subsection 2of this section of the purpose for which the information is released and ofthe penalties for unauthorized dissemination of information. Suchinformation shall be used only for the purpose for which the information isreleased.

2. Only the following persons shall have access to investigationrecords contained in the central registry:

(1) Appropriate federal, state or local criminal justice agencypersonnel, or any agent of such entity, with a need for such informationunder the law to protect children from abuse or neglect;

(2) A physician or a designated agent who reasonably believes thatthe child being examined may be abused or neglected;

(3) Appropriate staff of the division and of its local offices,including interdisciplinary teams which are formed to assist the divisionin investigation, evaluation and treatment of child abuse and neglect casesor a multidisciplinary provider of professional treatment services for achild referred to the provider;

(4) Any child named in the report as a victim, or a legalrepresentative, or the parent, if not the alleged perpetrator, or guardianof such person when such person is a minor, or is mentally ill or otherwiseincompetent, but the names of reporters shall not be furnished to personsin this category. Prior to the release of any identifying information, thedivision shall determine if the release of such identifying information mayplace a person's life or safety in danger. If the division makes thedetermination that a person's life or safety may be in danger, theidentifying information shall not be released. The division shall providea method for confirming or certifying that a designee is acting on behalfof a subject;

(5) Any alleged perpetrator named in the report, but the names ofreporters shall not be furnished to persons in this category. Prior to therelease of any identifying information, the division shall determine if therelease of such identifying information may place a person's life or safetyin danger. If the division makes the determination that a person's life orsafety may be in danger, the identifying information shall not be released.However, the investigation reports will not be released to any allegedperpetrator with pending criminal charges arising out of the facts andcircumstances named in the investigation records until an indictment isreturned or an information filed;

(6) A grand jury, juvenile officer, prosecuting attorney, lawenforcement officer involved in the investigation of child abuse orneglect, juvenile court or other court conducting abuse or neglect or childprotective proceedings or child custody proceedings, and other federal,state and local government entities, or any agent of such entity, with aneed for such information in order to carry out its responsibilities underthe law to protect children from abuse or neglect;

(7) Any person engaged in a bona fide research purpose, with thepermission of the director; provided, however, that no informationidentifying the child named in the report as a victim or the reportersshall be made available to the researcher, unless the identifyinginformation is essential to the research or evaluation and the child namedin the report as a victim or, if the child is less than eighteen years ofage, through the child's parent, or guardian provides written permission;

(8) Any child-care facility; child-placing agency; residential-carefacility, including group homes; juvenile courts; public or privateelementary schools; public or private secondary schools; or any otherpublic or private agency exercising temporary supervision over a child orproviding or having care or custody of a child who may request anexamination of the central registry from the division for all employees andvolunteers or prospective employees and volunteers, who do or will provideservices or care to children. Any agency or business recognized by thedivision or business which provides training and places or recommendspeople for employment or for volunteers in positions where they willprovide services or care to children may request the division to provide anexamination of the central registry. Such agency or business shall provideverification of its status as a recognized agency. Requests forexaminations shall be made to the division director or the director'sdesignee in writing by the chief administrative officer of the above homes,centers, public and private elementary schools, public and privatesecondary schools, agencies, or courts. The division shall respond inwriting to that officer. The response shall include information pertainingto the nature and disposition of any report or reports of abuse or neglectrevealed by the examination of the central registry. This response shallnot include any identifying information regarding any person other than thealleged perpetrator of the abuse or neglect;

(9) Any parent or legal guardian who inquires about a child abuse orneglect report involving a specific person or child-care facility who doesor may provide services or care to a child of the person requesting theinformation. Request for examinations shall be made to the divisiondirector or the director's designee, in writing, by the parent or legalguardian of the child and shall be accompanied with a signed and notarizedrelease form from the person who does or may provide care or services tothe child. The notarized release form shall include the full name, date ofbirth and Social Security number of the person who does or may provide careor services to a child. The response shall include information pertainingto the nature and disposition of any report or reports of abuse or neglectrevealed by the examination of the central registry. This response shallnot include any identifying information regarding any person other than thealleged perpetrator of the abuse or neglect. The response shall be givenwithin ten working days of the time it was received by the division;

(10) Any person who inquires about a child abuse or neglect reportinvolving a specific child-care facility, child-placing agency,residential-care facility, public and private elementary schools, publicand private secondary schools, juvenile court or other state agency. Theinformation available to these persons is limited to the nature anddisposition of any report contained in the central registry and shall notinclude any identifying information pertaining to any person mentioned inthe report;

(11) Any state agency acting pursuant to statutes regarding a licenseof any person, institution, or agency which provides care for or servicesto children;

(12) Any child fatality review panel established pursuant to section210.192 or any state child fatality review panel established pursuant tosection 210.195;

(13) Any person who is a tenure-track or full-time research facultymember at an accredited institution of higher education engaged inscholarly research, with the permission of the director. Prior to therelease of any identifying information, the director shall require theresearcher to present a plan for maintaining the confidentiality of theidentifying information. The researcher shall be prohibited from releasingthe identifying information of individual cases.

3. Only the following persons shall have access to records maintainedby the division pursuant to section 210.152 for which the division hasreceived a report of child abuse and neglect and which the division hasdetermined that there is insufficient evidence or in which the divisionproceeded with the family assessment and services approach:

(1) Appropriate staff of the division;

(2) Any child named in the report as a victim, or a legalrepresentative, or the parent or guardian of such person when such personis a minor, or is mentally ill or otherwise incompetent. The names orother identifying information of reporters shall not be furnished topersons in this category. Prior to the release of any identifyinginformation, the division shall determine if the release of suchidentifying information may place a person's life or safety in danger. Ifthe division makes the determination that a person's life or safety may bein danger, the identifying information shall not be released. The divisionshall provide for a method for confirming or certifying that a designee isacting on behalf of a subject;

(3) Any alleged perpetrator named in the report, but the names ofreporters shall not be furnished to persons in this category. Prior to therelease of any identifying information, the division shall determine if therelease of such identifying information may place a person's life or safetyin danger. If the division makes the determination that a person's life orsafety may be in danger, the identifying information shall not be released.However, the investigation reports will not be released to any allegedperpetrator with pending criminal charges arising out of the facts andcircumstances named in the investigation records until an indictment isreturned or an information filed;

(4) Any child fatality review panel established pursuant to section210.192 or any state child fatality review panel established pursuant tosection 210.195;

(5) Appropriate criminal justice agency personnel or juvenileofficer;

(6) Multidisciplinary agency or individual including a physician orphysician's designee who is providing services to the child or family, withthe consent of the parent or guardian of the child or legal representativeof the child;

(7) Any person engaged in bona fide research purpose, with thepermission of the director; provided, however, that no informationidentifying the subjects of the reports or the reporters shall be madeavailable to the researcher, unless the identifying information isessential to the research or evaluation and the subject, or if a child,through the child's parent or guardian, provides written permission.

4. Any person who knowingly violates the provisions of this section,or who permits or encourages the unauthorized dissemination of informationcontained in the information system or the central registry and in reportsand records made pursuant to sections 210.109 to 210.183, shall be guiltyof a class A misdemeanor.

5. Nothing in this section shall preclude the release of findings orinformation about cases which resulted in a child fatality or nearfatality. Such release is at the sole discretion of the director of thedepartment of social services, based upon a review of the potential harm toother children within the immediate family.

(L. 1975 H.B. 578 § 9, A.L. 1980 S.B. 574, A.L. 1982 H.B. 1171, et al., A.L. 1985 S.B. 401, A.L. 1986 H.B. 953, A.L. 1988 S.B. 719, A.L. 1991 H.B. 185, A.L. 1994 S.B. 595, A.L. 1997 S.B. 358, A.L. 1999 S.B. 387, et al., A.L. 2000 S.B. 757 & 602, A.L. 2004 H.B. 1453)