Child Confidentiality Laws

• Child confidentiality laws aim to uphold the best interests of the child.child image by Byron Moore from Fotolia.com
  
  Every record concerning children needs to be reviewed and evaluated against state and federal laws to determine whether they can be disclosed or not. Depending on the statute governing the case, disclosure of documents and information may vary. Generally, information or documents are only shared with people and institutions that the state and federal body consider eligible. Public disclosure also depends on the condition and statute overruling it.
  
  

Child Abuse Reports and Records

• The Child Abuse and Neglect Prevention and Treatment Act (CAPTA) oversees how child abuse reports and records are handled. This act requires the state to keep all records concerning child abuse confidential. This is to protect the rights of the child/children and their parents or guardian. Confidential records may be disclosed to other parties that have the state's permission or approval. The act also permits government agencies to obtain child abuse records if the information is vital to their duty and they are in charge of achild's protection. Public disclosure of child abuse information is allowed if the abuse nearly resulted to death or had been fatal. Federal regulations on the enforcement of CAPTA consider it an offense if confidentiality measures are disregarded. The federal law provides a list of agencies or persons to which child abuse information may be disclosed.
  
  

Child Abuse Reporting State Statute

• The statute for child abuse reporting exempts it from the public records law. The statute also specifies individuals and agencies to which child abuse information may be shared with. These include: the citizen review board, law enforcement, attending physician, attorneys representing the child in juvenile court and court designated special advocates. The child care division is also allowed to access child abuse reports. This is important in the eligibility and certification of the child for child care facilities.
  
  

DHS Child Welfare Records

• State law on Department of Human Service (DHS) child welfare records prohibits the department from sharing documents, papers, files and other records concerning the child and related individuals who have received DHS services. DHS child welfare records may only be disclosed or shared if it is authorized or necessary for the administration of child welfare laws. Disclosure of the information is permissible if it upholds the best interests of the child. Records are also shared with DHS employees, foster parents and treatment providers upon review. The person in charge of the records is not allowed to share information. He is also in charge of keeping the records confidential unless otherwise authorized.