§ 12-18-710 - Release of information on true investigative determination pending due process.
12-18-710. Release of information on true investigative determination pending due process.
(a) Information on a completed true investigation pending due process as referenced in this chapter is confidential and may be disclosed only as provided in this chapter.
(b) (1) The Department of Human Services shall not release data that would identify the person who made the report unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report.
(2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement.
(c) (1) Any person or agency to whom disclosure is made shall not disclose to any other person any information obtained pursuant to this section.
(2) However, the person or agency is permitted to consult his or her or its own attorney regarding the information in any notice provided by the department.
(d) The department may provide information, including protected health information, to a person or agency that provides services such as medical examination of, an assessment interview with, or diagnosis of, care for, treatment of, or supervision of a victim of maltreatment, a juvenile offender, or an underaged juvenile aggressor.
(e) Information on a completed investigation, including protected health information, pending due process shall be released upon request to:
(1) The alleged offender;
(2) The department;
(3) Law enforcement;
(4) The prosecuting attorney;
(5) The appropriate multidisciplinary team;
(6) Attorney ad litem for the victim or offender;
(7) Court Appointed Special Advocate for the victim or offender;
(8) Any licensing or registering authority to the extent necessary to carry out its official responsibilities;
(9) Any department division director or facility director receiving notice of a Child Abuse Hotline report pursuant to this chapter;
(10) Any facility director receiving notice of a Child Abuse Hotline report pursuant to this chapter; and
(11) (A) Acting in their official capacities, individual United States and Arkansas senators and representatives and their authorized staff members but only if they agree not to permit any redisclosure of the information.
(B) However, disclosure shall not be made to any committee or legislative body.
(f) Information on a true investigative determination, including protected health information, may be released to or disclosed in a circuit court child custody case or similar case if:
(1) No seventy-two-hour hold has been exercised under this chapter or pleadings filed pursuant to the Arkansas Juvenile Code of 1989, 9-27-301 et seq.;
(2) Written notice of intent to request release or disclosure is provided to the investigating agency at least five (5) days before the date for release or disclosure;
(3) The investigating agency has the opportunity to appear before the court and be heard on the issue of release or disclosure;
(4) The information gathered by the investigative agency is necessary for the determination of an issue before the court;
(5) Waiting until completion of due process will jeopardize the health or safety of the child in the custody case;
(6) A protective order is issued to prevent redisclosure of the information provided by the investigating agency or the information is released or disclosed only to the court in camera; and
(7) Release or disclosure of the information will not compromise a criminal investigation.
(g) Information on a true investigative determination, including protected health information, may be released to or disclosed in the circuit court if the victim or offender has an open dependency-neglect or family in need of services case before the circuit court.