§ 9-28-414 - Public disclosure of information on deaths and maltreatment.
               	 		
9-28-414.    Public disclosure of information on deaths and maltreatment.
    (a)    (1)  The  Department of Human Services shall place a notice on the department's  web page when a fatality or near fatality of a child is reported to the  Child Abuse Hotline under the Child Maltreatment Act,    12-18-101 et  seq., within seventy-two (72) hours of receipt of a report from the  Child Abuse Hotline.
      (2)  The notice of a reported fatality or near fatality of a child shall state the:
            (A)  Age, race, and gender of the child;
            (B)  Date of the child's death or incident;
            (C)  Allegations or preliminary cause of death or incident;
            (D)  County and placement of the child at time of incident;
            (E)  Generic relationship of the alleged offender to the child;
            (F)  Agency conducting the investigation;
            (G)  Legal action by the department; and
            (H)  Services offered or provided by the department now and in the past.
      (3)  The notice of a fatality of a child shall also include the name of the child.
      (4)  The department shall not put on the web page any:
            (A)  Information on siblings of the child; or
            (B)  Attorney-client communications.
      (5)  The department may elect not to place notice on the department's web page if:
            (A)  A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and
            (B)  The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.
(b)    (1)  Upon  request, the department shall release the following information to the  general public when a Child Abuse Hotline report is received on a child  in the custody of the department:
            (A)  Age, race, and gender of the child;
            (B)  Allegations of maltreatment;
            (C)  County and placement of the child at time of incident;
            (D)  Generic relationship of the alleged offender to the child; and
            (E)  Action taken by the department.
      (2)  The department shall not release:
            (A)  Information on siblings of the child; or
            (B)  Attorney-client communications.
      (3)  The department shall not release any information if:
            (A)  A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and
            (B)  The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.
(c)    (1)  Upon  request, the department shall release the following information when a  child dies if that child was in an out-of-home placement as defined  under    9-27-303(39):
            (A)  Age, race, and gender of the child;
            (B)  Date of the child's death;
            (C)  Preliminary cause of death;
            (D)  County and placement of the child at time of incident; and
            (E)  Action by the department.
      (2)  The department shall not release:
            (A)  Information on siblings of the child; or
            (B)  Attorney-client communications.
      (3)  The department shall not release any information if:
            (A)  A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and
            (B)  The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.