FOR 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:

             (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;

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             (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 has before him is caring for a child whom the physician reasonably suspects may be abused or neglected; and

             (9)     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.

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BILL HISTORY
1/13/98 First read in House and referred to Health and Human Services.   H.J.   24
1/21/98 Scheduled for Committee hearing on this date.
1/21/98 Health and Human Services Do Pass, Passed, AYES 13, NAYS 0.   H.J.   138
1/21/98 Health and Human Services Place on Consent Calendar.
1/22/98 Second reading of consent calendar items.
1/23/98 House of Representatives Deferred to another day.   H.J.   201
1/27/98 Referred to Judiciary.   H.J.   258
2/6/98 Scheduled for Committee hearing on this date.
2/6/98 Judiciary Do Pass, Failed, AYES 6, NAYS 5.
2/6/98 Judiciary Do Pass Amended, Passed, AYES 10, NAYS 1.   H.J.   425