2019 US Virgin Islands Code
Title 5 - Judicial Procedure
Subtitle 2 - Family Division Procedure
Chapter 201 - Family Division of the Superior Court
Subchapter IV - Abuse and Neglect Matters
§ 2540. Confidentiality of records

  • (a) In order to protect the rights of the child and his parent or guardian, all records concerning reports of child abuse, sexual abuse or neglect, made to the government of the Virgin Islands and all records generated as a result of such reports, shall be confidential, except as specifically provided by this subchapter. Any person who willfully permits, assists or encourages the release of information contained in such reports or records to persons or agencies not permitted by this section to have access, shall be guilty of a misdemeanor and shall be fined not more than $500 or imprisoned not more than one year or both.

  • (b) No person, official or agency shall have access to such records unless for the express purpose of acting pursuant to this subchapter. Persons permitted access include:

    • (1) The Department of Social Welfare and its legal representative;

    • (2) The U.S. Virgin Islands Police Department (V.I.P.D.) when investigating a report of known or suspected child abuse, sexual abuse or neglect;

    • (3) A physician who has before him a child he reasonably suspects may have been abused or neglected;

    • (4) A person legally authorized to place a child in emergency temporary custody under section 2544 of this chapter, but only when such person has before him a child he reasonably suspects may have been abused or neglected and such person requires the information in the report or record to determine whether or not to place the child in emergency temporary custody;

    • (5) Any agency with legal responsibility or authorization to care for, treat or supervise a child who is the subject of a record, or other person responsible for the child's welfare;

    • (6) Any person who is the subject of a report and his legal representative, or if such person is a child, the child's guardian ad litem, parent, guardian or other person responsible for his welfare; and

    • (7) A court, upon finding that access to such record may be necessary for the determination of an issue before it; but such access shall be limited to in camera inspection, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue pending before it.

    • (8) Any person appointed to a case under a Court Appointed Special Advocates (CASA) Program, as provided under section 2555, of this chapter.

  • (c) A person given access to the names and other identifying information concerning the subjects of the report, except the subject of the report, shall not divulge or make public such identifying information.

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