§ 15-22-5 - Disclosure of personal data prohibited – Petition for disclosure – Motion to seal court files – Determination of harm – Limited disclosure.
SECTION 15-22-5
§ 15-22-5 Disclosure of personal dataprohibited – Petition for disclosure – Motion to seal court files– Determination of harm – Limited disclosure. – (a) A person or agency, including the IV-D agency, seeking personal data whichthe IV-D agency is prohibited from disclosing because of a history of domesticviolence but which could otherwise be disclosed pursuant to § 15-22-1(a),or which the Federal Parent Locator Service established pursuant to title IV,part D of the Social Security Act is prohibited from disclosing because thesecretary of the federal department of health and human services has beennotified that there is reasonable evidence of a history of domestic violence,may file a petition with the family court to request disclosure of the personaldata. The petition shall specify the purposes for which the personal data isrequired. When a petition is filed under this section, or when the courtreceives notice from the IV-D agency through a motion to seal the file orotherwise, that the IV-D agency has been notified of a history of domesticviolence pursuant to § 15-22-4, the court shall determine whetherdisclosure of personal data could be harmful to the parent or child beforereleasing the data to any other person or agency. The parent may provide theinformation in writing and shall not be required to appear in person to contestthe release of information. The court shall also notify the IV-D agency of anypetition to disclose files pursuant to this section, and the IV-D agency shallprovide the court with any reasonable evidence of a history of domesticviolence when it has been provided to the IV-D agency pursuant to §15-22-4. The court may also request information directly from the FederalParent Locator Service, from the IV-D agency of another state, and from anyother source.
(b) In determining whether disclosure of personal data meetsthe definition of a history of domestic violence and could be harmful to theparent or child, the court shall consider any relevant information provided bythe parent or child, any information provided by the IV-D agency or by the IV-Dagency of another state, any evidence provided by the person seeking thepersonal data, whether the address of the parent or child has been impounded,and any other relevant evidence, including information contained in the recordsof the statewide domestic violence record keeping system. Documentary evidencetransmitted to the court by facsimile, telecopier, or other means that do notprovide an original writing may not be excluded from evidence on an objectionbased on the means of transmission. The court may permit a party or witness tobe deposed or to testify by telephone, audiovisual means, or other electronicmeans.
(2) The court shall not enter an order to disclose personaldata without reviewing all of the information that has been provided to thecourt and shall not draw an adverse inference from the failure of the parent toappear in person to contest disclosure of information.
(3) The court may, upon motion by any party, or the divisionof taxation, child support enforcement, or on its own, enter an order:
(i) Sealing the file and prohibiting any disclosure ofconfidential information by the court or its agents;
(ii) Obliterating location information contained in the courtfile;
(iii) Permitting disclosure by the court or its agents to aspecific person or persons;
(iv) Prohibiting disclosure by the court or its agents to aspecific person or persons; or
(v) Removing any restrictions on disclosure by the court andits agents.
(4) An order permitting disclosure of personal data mayspecify the purposes for which the data may be used and may prohibit a personto whom the data is disclosed from making further disclosures to any otherperson. The court shall notify the IV-D agency of any order entered pursuant tothis section. Any person or agency who violates an order issued pursuant tothis section may be held in contempt of court and subject to the penaltiesprovided in § 15-22-4(c)(2).
(5) The court may disclose location information about aparent for the limited purpose of notifying the parent of a proceeding underthis section or of any other proceeding in the probate and family court,provided that the information shall not be disclosed to another party unlessthe court issues an order pursuant to this section permitting the disclosure.