2005 Vermont Code - § 4919. — Disclosure of information

§ 4919. Disclosure of information

(a) The commissioner shall maintain a registry which shall contain the following information: the names of all the individuals found on the basis of a substantiated report to have abused, neglected or exploited a child; the date of the finding; and the nature of the finding. In addition, the commissioner shall require that, aside from a person's name, at least one other personal identifier is listed in the registry to prevent the possibility of misidentification.

(b) The commissioner or the commissioner's designee may disclose registry information only:

(1) To the state's attorney or the attorney general;

(2) To the owner or operator of a facility regulated by the department for the purpose of informing the owner or operator that employment of a specific individual may result in loss of license or registration;

(3) To an employer if such information is used to determine whether to hire or retain a specific individual providing care, custody, treatment, or supervision of children or vulnerable adults. The employer may submit a request concerning a current employee, volunteer, or contractor or an individual to whom the employer has given a conditional offer of a contract, volunteer position, or employment. The request shall be accompanied by a release signed by the current or prospective employee, volunteer, or contractor. If that individual has a record of a substantiated report, the commissioner shall provide the registry information to the employer;

(4) To the commissioner of disabilities, aging, and independent living, or the commissioner's designee, for purposes related to the licensing or registration of facilities regulated by the department of disabilities, aging, and independent living;

(5) To the commissioner of health or of disabilities, aging, and independent living, or the commissioner's designee, for purposes related to oversight and monitoring of persons who are served by or compensated with funds provided by the departments of health and of disabilities, aging, and independent living, including persons to whom a conditional offer of employment has been made;

(6) Upon request or when relevant to other states' adult protective services offices; and

(7) Upon request or when relevant to other states' child protection agencies.

(c) Volunteers shall be considered employees for purposes of this section.

(d) Disclosure of information or records used or obtained in the course of providing services to prevent child abuse or neglect or to treat abused or neglected children and their families by one member of a multidisciplinary team to another member of that team shall not subject either member of the multidisciplinary team, individually, or the team as a whole, to any civil or criminal liability notwithstanding any other provision of law.

(e) "Employer," as used in this section, means a person or organization who employs or contracts with one or more individuals to care for children or vulnerable adults, on either a paid or volunteer basis. (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 1983, No. 169 (Adj. Sess.), § 2; 1991, No. 159 (Adj. Sess.), § 4; 1993, No. 100, § 7; 2001, No. 135 (Adj. Sess.), § 16, eff. June 13, 2002; 2003, No. 66, § 136b; 2005, No. 174 (Adj. Sess.), § 121.)