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2020 New Hampshire Revised Statutes
Title I - The State and Its Government
Title 21-V - Office of the Child Advocate
Section 21-V:5 - Confidentiality of Information.
Universal Citation: NH Rev Stat § 21-V:5 (2020)
21-V:5 Confidentiality of Information. –
I. The office shall maintain the confidentiality of all case records, third party records, and court records pursuant to RSA 169-C:25 and RSA 170-G:8-a, and all other related confidentiality laws.
II. The office investigations and oversight activities, and the information gathered in such investigations and oversight activities, including the identity of any complainant, shall be exempt from the public disclosure provisions of RSA 91-A. Such investigations, oversight activities, and information shall be privileged and exempt from use or disclosure in any criminal or civil matter or administrative proceeding.
III. The child advocate of the office may disclose confidential information about a child to any individual or entity responsible for, or providing services to, the child. Any disclosures of confidential information shall be the minimum necessary to ensure proper care and treatment for the child or to identify, prevent, or treat the abuse or neglect of a child.
IV. The child advocate shall have the same authority as the commissioner of the department of health and human services to publicly release information pursuant to RSA 126-A:5, XII in furtherance of the mission and responsibilities of the office.
V. Notwithstanding any provision of law to the contrary, if the child advocate determines that the health, safety, and welfare of children are at risk, the child advocate may publicly disclose the details of investigation findings, subject to the following limitations:
(a) Names, addresses, or other identifying information of individuals who are the subject of any confidential proceeding or statutory confidential provision shall not be released to the public.
(b) Investigation findings shall not be released if there is a pending law enforcement investigation or prosecution, except as provided in paragraph III.
I. The office shall maintain the confidentiality of all case records, third party records, and court records pursuant to RSA 169-C:25 and RSA 170-G:8-a, and all other related confidentiality laws.
II. The office investigations and oversight activities, and the information gathered in such investigations and oversight activities, including the identity of any complainant, shall be exempt from the public disclosure provisions of RSA 91-A. Such investigations, oversight activities, and information shall be privileged and exempt from use or disclosure in any criminal or civil matter or administrative proceeding.
III. The child advocate of the office may disclose confidential information about a child to any individual or entity responsible for, or providing services to, the child. Any disclosures of confidential information shall be the minimum necessary to ensure proper care and treatment for the child or to identify, prevent, or treat the abuse or neglect of a child.
IV. The child advocate shall have the same authority as the commissioner of the department of health and human services to publicly release information pursuant to RSA 126-A:5, XII in furtherance of the mission and responsibilities of the office.
V. Notwithstanding any provision of law to the contrary, if the child advocate determines that the health, safety, and welfare of children are at risk, the child advocate may publicly disclose the details of investigation findings, subject to the following limitations:
(a) Names, addresses, or other identifying information of individuals who are the subject of any confidential proceeding or statutory confidential provision shall not be released to the public.
(b) Investigation findings shall not be released if there is a pending law enforcement investigation or prosecution, except as provided in paragraph III.
Source. 2020, 26:9, eff. Sept. 18, 2020.
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