HB 26-1234

HB 26-1234, also known as the "Access to Records of Child Abuse or Neglect" bill, aims to protect the privacy of individuals involved in child abuse and neglect cases by restricting who can access specific records. The law clarifies what kind of personal information should be kept private and allows certain people, like attorneys representing a victim, to view these records under specific conditions. It also requires local human or social services departments to provide clear guidelines for former clients to request their case files if needed. Since the bill has been signed into law, it is now enforceable, meaning that penalties apply to those who violate its privacy protections.

Official Summary

The act prohibits a person who possesses a record or report (record) of child abuse or neglect from releasing identifying data or information contained in the record to a person who is not authorized to receive the information or data.     The act clarifies what constitutes identifying data in a record. The act adds an assigned designee of a person named in a record who is acting on the person's behalf as a person who may have access to child abuse or neglect records if the assigned designee presents a valid release of information signed by an authorized person.     The act allows a person named in a record as an alleged abused or neglected child who is in possession of a record in which they are named or, with the person's consent, the person's attorney or guardian ad litem, to disclose and make use of the record, including for the purpose of litigation or to obtain treatment or services. Except as expressly authorized in law, a criminal defendant may only access a record after an in camera review by the court in which the court finds that access to the record is necessary for the resolution of an issue.     The act requires each county department of human or social services to establish and submit to the state department of human services a process current and former clients may use to obtain access to their case records.     The act repeals the penalties associated with a person who improperly releases or willfully permits or encourages the release of data or information contained in the records to a person not permitted to access the information and makes it a petty offense for the department of education or a school district, charter school, or nonpublic school to release data or information contained in a record to a person not permitted to access the information.(Note: This summary applies to this bill as enacted.)

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