AN ACT
ENTITLED, An Act
to revise certain provisions regarding confidentiality of child abuse or neglect
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-8A-13 be amended to read as follows:
26-8A-13. All investigative case records and files relating to reports of child abuse or neglect are confidential, and no disclosure of any such records, files, or other information may be made except as authorized in chapter 26-7A or this chapter. Any person who knowingly violates the confidential nature of the records, files, or information is guilty of a Class 1 misdemeanor. The Department of Social Services may release records, files, or other information to the following parties upon the receipt by the department of a request showing that it is necessary for the parties to have such information in the performance of official functions relating to child abuse or neglect:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-8A-13 be amended to read as follows:
26-8A-13. All investigative case records and files relating to reports of child abuse or neglect are confidential, and no disclosure of any such records, files, or other information may be made except as authorized in chapter 26-7A or this chapter. Any person who knowingly violates the confidential nature of the records, files, or information is guilty of a Class 1 misdemeanor. The Department of Social Services may release records, files, or other information to the following parties upon the receipt by the department of a request showing that it is necessary for the parties to have such information in the performance of official functions relating to child abuse or neglect:
(1)
The attorney general, the state's attorneys, law enforcement agencies, protective services
workers, and judges of the courts investigating reports of known or suspected child abuse
or neglect;
(2)
The attorney or guardian ad litem of the child who is the subject of the information;
(3)
Public officials or their authorized representatives who require the information in
connection with the discharge of official duties;
(4)
Institutions and agencies that have legal responsibility or authorization to care for, treat,
or supervise a child who is the subject of the information or report;
(5)
An adoptive parent of the child who is the subject of the information or report and a
licensed child welfare agency, a tribal agency which the Department of Social Services
has an agreement with to provide child welfare agency services which would otherwise
require licensure by the department or any private child welfare agency whose licensure
has been waived pursuant to
§
26-6-9, for screening of applicants;
(6)
A state, regional, or national registry of child abuse and neglect cases and courts of record
of other states;
(7)
A validly appointed and registered child protection team under
§
26-8A-17;
(8)
A physician who is caring for a child whom the physician reasonably suspects may be
abused or neglected;
(9) State hearing examiners and any person who is the subject of the report for purposes
directly related to review under
§
26-8A-11; and
(10)
A person eligible to submit an adoptive home study report under
§
25-6-9.1 or 26-4-15.
However, the information may only be released for the purpose of screening applicants.
Information received by an authorized receiving party shall be held confidential by the receiving
party. However, the court may order the release of the information or any portion of it necessary for
determination of an issue before the court.
An Act to revise certain provisions regarding confidentiality of child abuse or neglect information.
An Act to revise certain provisions regarding confidentiality of child abuse or neglect information.
I certify that the attached Act originated in the
HOUSE as
Bill
No.
1025
|
____________________________
Chief Clerk
Chief Clerk
____________________________
Speaker of the House
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
House
Bill
No.
1025
File No. ____
Chapter No. ______=========================
Received at this Executive Office this ____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this ____ day of _____________ ,
19___ at _____ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 19___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 19___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State