2013 Rhode Island General Laws
Title 42 - State Affairs and Government
Chapter 42-72 - Department of Children, Youth, and Families
Section 42-72-8 - Confidentiality of records.

§ 42-72-8 Confidentiality of records. – (a) Any records of the department pertaining to children and their families in need of service pursuant to the provisions of this chapter; or for whom an application for services has been made, shall be confidential and only disclosed as provided by law.

(b) Records may be disclosed when necessary:

(1) To individuals, or public or private agencies engaged in medical, psychological or psychiatric diagnosis or treatment or education of the person under the supervision of the department;

(2) To individuals or public or private agencies for the purposes of temporary or permanent placement of the person, and when the director determines that the disclosure is needed to accomplish that placement including any and all health care information obtained by the department in accordance with the provisions of chapter 5-37.3 of the general laws and applicable federal laws and regulations;

(3) When the director determines that there is a risk of physical injury by the person to himself or herself or others, and that disclosure of the records is necessary to reduce that risk;

(4) To the family court including periodic reports regarding the care and treatment of children; provided, that if a child is represented by a guardian ad litem or attorney, a copy of the family court report will be made available to the guardian ad litem or attorney prior to its submission;

(5) To inform any person who made a report of child abuse or neglect pursuant to § 40-11-3, whether services have been provided the child as a result of the report; provided, however, that no facts or information shall be released pursuant to this subsection other than the fact that services have been or are being provided;

(6) To permit access to computer records relating to child abuse and neglect investigations by physicians who are examining a child when the physician believes that there is reasonable cause to suspect that a child may have been abused or neglected;

(7) To the office of the department of attorney general upon the request of the attorney general or assistant attorney general when the office is engaged in the investigation of or prosecution of criminal conduct by another relating to the child or other children within the same family unit;

(8) To the department of corrections in the case of an individual who has been transferred to the jurisdiction of that department pursuant to the provisions of § 14-1-7.3 "certification" or § 14-1-7.1 "waiver of jurisdiction"; and

(9) To the office of the department of the attorney general upon the request of the attorney general or assistant attorney general when the office is engaged in the investigation of or prosecution of criminal conduct as defined in § 40-11-3.2.

(10) To individuals employed by a state or county child welfare agency outside of Rhode Island when the director determines that the information is needed to ensure the care, protection and/or treatment of any child; provided, however, any records relating to allegations previously determined to be unfounded, unsubstantiated, or not indicated shall not be disclosed.

(11) Whenever a person previously under the supervision of the training school becomes subject to the jurisdiction of the department of corrections as an adult offender, the director of corrections or his or her designee shall receive, upon request, the portions of the person's training school records limited to the escape history, disciplinary record, and juvenile classification history.

(12) In an administrative hearing held pursuant to § 42-35-9, the records, or exact copies of the records, shall be delivered to the administrative hearing officer pursuant to a written request by one of the parties, and shall be delivered to the party making the request or shall be reviewed in camera by the administrative hearing officer for purposes of making a determination of relevancy to the merits of the administrative matter pending before the hearing officer, as the hearing officer may direct. If the records or a portion are relevant to the matter, those records may be viewed and/or copied by counsel of record, at the expense of the party requesting the records. The records shall not be disseminated in any form beyond the parties, counsel of record and their agents, and any experts, except as otherwise specifically authorized by the hearing officer, and provided further that at the conclusion of the action, the records shall be sealed.

(13) In a criminal or civil action, the records, or exact copies of the records, shall be delivered to a court of proper jurisdiction pursuant to a subpoena duces tecum, properly issued by one of the parties, and shall be delivered to the party issuing the subpoena or shall be reviewed in camera by the trial justice for purposes of making a determination of relevancy to the merits of the civil or criminal action pending before the court, as the court may direct. If the records or a portion are relevant to the civil or criminal action, those records may be viewed and/or copied by counsel of record, at the expense of the party requesting the records. The court shall issue a protective order preventing dissemination of the records in any form beyond the parties, counsel of record and their agents, and any experts, except as otherwise specifically authorized by the court, and provided further that at the conclusion of the action, all records shall be sealed.

(c) The director may disclose the findings or other information about a case as the director deems necessary in a case of child abuse or neglect which has resulted in a child fatality or near fatality.

(d) If a public panel is convened or established by the department to evaluate the extent to which the department is discharging its child protection responsibilities, the panel or any of its members or staff shall not disclose identifying information about a specific child protection case nor make public any identifying information provided by the department except as may be authorized by law. Any person who violates this subsection shall be subject to civil sanctions as provided by law.

(e) If a public panel is convened or established by the department, this panel, in the course of its evaluation, may review, but shall not investigate, any child fatality that is under the jurisdiction of the child advocate in accordance with the provisions of § 42-73-7(2).

(f) In the event records and information contained within DCYF records are shared with individuals or public or private agencies as specified in subsection (b) above, any such individual and/or public or private agency shall be advised that the shared information cannot be further disclosed, except as specifically provided for under applicable federal and/or state law and regulation. Any individual and/or public or private agency who violates this subsection shall be subject to civil sanctions as provided in chapter 37.3 of title 5, and any other federal or state law pertinent thereto.

History of Section.
(P.L. 1979, ch. 248, § 1; P.L. 1984, ch. 203, § 1; P.L. 1985, ch. 255, § 1; P.L. 1992, ch. 432, § 1; P.L. 1994, ch. 97, § 1; P.L. 1996, ch. 142, § 1; P.L. 1996, ch. 156, § 2; P.L. 1997, ch. 49, § 1; P.L. 1997, ch. 64, § 1; P.L. 1998, ch. 67, § 1; P.L. 1998, ch. 302, § 1; P.L. 1998, ch. 322, § 1; P.L. 1998, ch. 374, § 1; P.L. 1999, ch. 54, § 1; P.L. 1999, ch. 122, § 1; P.L. 2004, ch. 136, § 1; P.L. 2004, ch. 139, § 1.)