onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Penal Code Section 11167.5

Legal Research Home > California Laws > Penal Code > California Penal Code Section 11167.5

11167.5.  (a) The reports required by Sections 11166 and 11166.2, or
authorized by Section 11166.05, and child abuse or neglect
investigative reports that result in a summary report being filed
with the Department of Justice pursuant to subdivision (a) of Section
11169 shall be confidential and may be disclosed only as provided in
subdivision (b). Any violation of the confidentiality provided by
this article is a misdemeanor punishable by imprisonment in a county
jail not to exceed six months, by a fine of five hundred dollars
($500), or by both that imprisonment and fine.
   (b) Reports of suspected child abuse or neglect and information
contained therein may be disclosed only to the following:
   (1) Persons or agencies to whom disclosure of the identity of the
reporting party is permitted under Section 11167.
   (2) Persons or agencies to whom disclosure of information is
permitted under subdivision (b) of Section 11170 or subdivision (a)
of Section 11170.5.
   (3) Persons or agencies with whom investigations of child abuse or
neglect are coordinated under the regulations promulgated under
Section 11174.
   (4) Multidisciplinary personnel teams as defined in subdivision
(d) of Section 18951 of the Welfare and Institutions Code.
   (5) Persons or agencies responsible for the licensing of
facilities which care for children, as specified in Section 11165.7.
   (6) The State Department of Social Services or any county
licensing agency which has contracted with the state, as specified in
paragraph (4) of subdivision (b) of Section 11170, when an
individual has applied for a community care license or child day care
license, or for employment in an out-of-home care facility, or when
a complaint alleges child abuse or neglect by an operator or employee
of an out-of-home care facility.
   (7) Hospital scan teams. As used in this paragraph, "hospital scan
team" means a team of three or more persons established by a
hospital, or two or more hospitals in the same county, consisting of
health care professionals and representatives of law enforcement and
child protective services, the members of which are engaged in the
identification of child abuse or neglect. The disclosure authorized
by this section includes disclosure among all hospital scan teams.
   (8) Coroners and medical examiners when conducting a post mortem
examination of a child.
   (9) The Board of Parole Hearings, which may subpoena an employee
of a county welfare department who can provide relevant evidence and
reports that both (A) are not unfounded, pursuant to Section
11165.12, and (B) concern only the current incidents upon which
parole revocation proceedings are pending against a parolee charged
with child abuse or neglect. The reports and information shall be
confidential pursuant to subdivision (d) of Section 11167.
   (10) Personnel from an agency responsible for making a placement
of a child pursuant to Section 361.3 of, and Article 7 (commencing
with Section 305) of Chapter 2 of Part 1 of Division 2 of, the
Welfare and Institutions Code.
   (11) Persons who have been identified by the Department of Justice
as listed in the Child Abuse Central Index pursuant to paragraph (7)
of subdivision (b) of Section 11170 or subdivision (c) of Section
11170, or persons who have verified with the Department of Justice
that they are listed in the Child Abuse Central Index as provided in
subdivision (f) of Section 11170. Disclosure under this paragraph is
required notwithstanding the California Public Records Act, Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code. Nothing in this paragraph shall preclude a
submitting agency prior to disclosure from redacting any information
necessary to maintain confidentiality as required by law.
   (12) Out-of-state law enforcement agencies conducting an
investigation of child abuse or neglect only when an agency makes the
request for reports of suspected child abuse or neglect in writing
and on official letterhead, or as designated by the Department of
Justice, identifying the suspected abuser or victim by name and date
of birth or approximate age. The request shall be signed by the
department supervisor of the requesting law enforcement agency. The
written request shall cite the out-of-state statute or interstate
compact provision that requires that the information contained within
these reports is to be disclosed only to law enforcement,
prosecutorial entities, or multidisciplinary investigative teams, and
shall cite the safeguards in place to prevent unlawful disclosure
provided by the requesting state or the applicable interstate compact
provision.
   (13) Out-of-state agencies responsible for approving prospective
foster or adoptive parents for placement of a child only when the
agency makes the request in compliance with the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248). The request
shall also cite the safeguards in place to prevent unlawful
disclosure provided by the requesting state or the applicable
interstate compact provision and indicate that the requesting state
shall maintain continual compliance with the requirement in paragraph
(20) of subdivision (a) of Section 671 of Title 42 of the United
States Code that requires the state have in place safeguards to
prevent the unauthorized disclosure of information in any child abuse
and neglect registry maintained by the state and prevent the
information from being used for a purpose other than the conducting
of background checks in foster or adoptive placement cases.
   (14) Each chairperson of a county child death review team, or his
or her designee, to whom disclosure of information is permitted under
this article, relating to the death of one or more children and any
prior child abuse or neglect investigation reports maintained
involving the same victim, siblings, or suspects. Local child death
review teams may share any relevant information regarding case
reviews involving child death with other child death review teams.
   (c) Authorized persons within county health departments shall be
permitted to receive copies of any reports made by health
practitioners, as defined in paragraphs (21) to (28), inclusive, of
subdivision (a) of Section 11165.7, and pursuant to Section 11165.13,
and copies of assessments completed pursuant to Sections 123600 and
123605 of the Health and Safety Code, to the extent permitted by
federal law. Any information received pursuant to this subdivision is
protected by subdivision (e).
   (d) Nothing in this section requires the Department of Justice to
disclose information contained in records maintained under Section
11170 or under the regulations promulgated pursuant to Section 11174,
except as otherwise provided in this article.
   (e) This section shall not be interpreted to allow disclosure of
any reports or records relevant to the reports of child abuse or
neglect if the disclosure would be prohibited by any other provisions
of state or federal law applicable to the reports or records
relevant to the reports of child abuse or neglect.

Section: Previous  11166.01  11166.05  11166.1  11166.2  11166.3  11166.5  11167  11167.5  11168  11169  11170  11170.5  11171  11171.2  11171.5  Next

Last modified: March 17, 2014