Access to Records of Child Abuse or Neglect

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.)