Disclosure of unredacted material to certain persons
Sec. 2. The reports and other material described in section 1(a) of
this chapter and the unredacted reports and other material described
in section 1(b) of this chapter shall be made available only to the
following:
(1) Persons authorized by this article.
(2) A legally mandated public or private child protective agency
investigating a report of child abuse or neglect or treating a
child or family that is the subject of a report or record.
(3) A police or other law enforcement agency, prosecuting
attorney, or coroner in the case of the death of a child who is
investigating a report of a child who may be a victim of child
abuse or neglect.
(4) A physician who has before the physician a child whom the
physician reasonably suspects may be a victim of child abuse or
neglect.
(5) An individual legally authorized to place a child in
protective custody if:
(A) the individual has before the individual a child whom the
individual reasonably suspects may be a victim of abuse or
neglect; and
(B) the individual requires the information in the report or
record to determine whether to place the child in protective
custody.
(6) An agency having the legal responsibility or authorization
to care for, treat, or supervise a child who is the subject of a
report or record or a parent, guardian, custodian, or other person
who is responsible for the child's welfare.
(7) An individual named in the report or record who is alleged
to be abused or neglected or, if the individual named in the
report is a child or is otherwise incompetent, the individual's
guardian ad litem or the individual's court appointed special
advocate, or both.
(8) Each parent, guardian, custodian, or other person
responsible for the welfare of a child named in a report or
record and an attorney of the person described under this
subdivision, with protection for the identity of reporters and
other appropriate individuals.
(9) A court, for redaction of the record in accordance with
section 1.5 of this chapter, or upon the court's finding that
access to the records may be necessary for determination of an
issue before the court. However, except for disclosure of a
redacted record in accordance with section 1.5 of this chapter,
access is limited to in camera inspection unless the court
determines that public disclosure of the information contained
in the records is necessary for the resolution of an issue then
pending before the court.
(10) A grand jury upon the grand jury's determination that
access to the records is necessary in the conduct of the grand
jury's official business.
(11) An appropriate state or local official responsible for child
protection services or legislation carrying out the official's
official functions.
(12) A foster care review board established by a juvenile court
under IC 31-34-21-9 (or IC 31-6-4-19 before its repeal) upon
the court's determination that access to the records is necessary
to enable the foster care review board to carry out the board's
purpose under IC 31-34-21.
(13) The community child protection team appointed under
IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request,
to enable the team to carry out the team's purpose under
IC 31-33-3.
(14) A person about whom a report has been made, with
protection for the identity of:
(A) any person reporting known or suspected child abuse or
neglect; and
(B) any other person if the person or agency making the
information available finds that disclosure of the information
would be likely to endanger the life or safety of the person.
(15) An employee of the division of family resources, a
caseworker, or a juvenile probation officer conducting a
criminal history check under IC 12-14-25.5-3, IC 31-34, or
IC 31-37 to determine the appropriateness of an out-of-home
placement for a:
(A) child at imminent risk of placement;
(B) child in need of services; or
(C) delinquent child.
The results of a criminal history check conducted under this
subdivision must be disclosed to a court determining the
placement of a child described in clauses (A) through (C).
(16) A local child fatality review team established under
IC 12-13-15-6.
(17) The statewide child fatality review committee established
by IC 12-13-15.1-6.
(18) The department.
As added by P.L.1-1997, SEC.16. Amended by P.L.70-2004, SEC.16;
P.L.234-2005, SEC.155.
Last modified: May 24, 2006