Certain records held by governmental entities not confidential if
redacted; procedure for redacting records
Sec. 1.5. (a) This section applies to records held by:
(1) the division of family resources;
(2) a county office of family and children;
(3) the department;
(4) a local child fatality review team established under
IC 12-13-15; or
(5) the statewide child fatality review committee established
under IC 12-13-15.1-6;
regarding a child whose death or near fatality may have been the
result of abuse, abandonment, or neglect.
(b) For purposes of subsection (a), a child's death or near fatality
may have been the result of abuse, abandonment, or neglect if:
(1) an entity described in subsection (a) determines that the
child's death or near fatality is the result of abuse, abandonment,
or neglect; or
(2) a prosecuting attorney files:
(A) an indictment or information; or
(B) a complaint alleging the commission of a delinquent act;
that, if proven, would cause a reasonable person to believe that
the child's death or near fatality may have been the result of
abuse, abandonment, or neglect.
Upon the request of any person, or upon its own motion, the court
exercising juvenile jurisdiction in the county in which the child's
death or near fatality occurred shall determine whether the
allegations contained in the indictment, information, or complaint
described in subdivision (2), if proven, would cause a reasonable
person to believe that the child's death or near fatality may have been
the result of abuse, abandonment, or neglect.
(c) As used in this section:
(1) "identifying information" means information that identifies
an individual, including an individual's:
(A) name, address, date of birth, occupation, place of
employment, and telephone number;
(B) employer identification number, mother's maiden name,
Social Security number, or any identification number issued
by a governmental entity;
(C) unique biometric data, including the individual's
fingerprint, voice print, or retina or iris image;
(D) unique electronic identification number, address, or
routing code;
(E) telecommunication identifying information; or
(F) telecommunication access device, including a card, a
plate, a code, an account number, a personal identification
number, an electronic serial number, a mobile identification
number, or another telecommunications service or device or
means of account access; and
(2) "near fatality" has the meaning set forth in 42 U.S.C. 5106a.
(d) Unless information in a record is otherwise confidential under
state or federal law, a record described in subsection (a) that has been
redacted in accordance with this section is not confidential and may
be disclosed to any person who requests the record. The person
requesting the record may be required to pay the reasonable expenses
of copying the record.
(e) When a person requests a record described in subsection (a),
the entity having control of the record shall immediately transmit a
copy of the record to the court exercising juvenile jurisdiction in the
county in which the death or near fatality of the child occurred.
However, if the court requests that the entity having control of a
record transmit the original record, the entity shall transmit the
original record.
(f) Upon receipt of the record described in subsection (a), the
court shall, within thirty (30) days, redact the record to exclude:
(1) identifying information described in subsection (c)(1)(B)
through (c)(1)(F) of a person; and
(2) all identifying information of a child less than eighteen (18)
years of age.
(g) The court shall disclose the record redacted in accordance with
subsection (f) to any person who requests the record, if the person
has paid:
(1) to the entity having control of the record, the reasonable
expenses of copying under IC 5-14-3-8; and
(2) to the court, the reasonable expenses of copying the record.
(h) The court's determination under subsection (f) that certain
identifying information or other information is not relevant to
establishing the facts and circumstances leading to the death or near
fatality of a child is not admissible in a criminal proceeding or civil
action.
As added by P.L.70-2004, SEC.15. Amended by P.L.234-2005,
SEC.154.
Last modified: May 24, 2006