This bill makes changes to the law regarding the confidentiality of records of the department of children's services as described below.
Present law generally provides that all applications, certificates, records, reports and all legal documents, petitions, and records made or information received that directly or indirectly identify a child or family receiving services from the department of children's services or that identify the person who made a report of harm must be kept confidential and not be disclosed, unless certain exceptions apply.
Amongst other exceptions, present law provides that the department may use or release information under the following circumstances:
(1) The department may utilize information it has or may acquire to provide services to the child; and
(2) The department may release records to a person or entity that may be providing system or program evaluation.
This bill adds to the present law exceptions described in (1) and (2) above that the department may disclose information about a case to the public if all parties involved in the case, including the child, are deceased and all identifying personal information of the parties is redacted. This bill defines "identifying personal information" as including, but not being limited to, names, dates of birth, addresses, and social security numbers.
ON FEBRUARY 27, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 91, AS AMENDED.
AMENDMENT #1 clarifies that "identifying personal information" does not include a party's name.

Statutes affected:
Introduced: 37-5-107(b), 37-5-107
Amended with HA0036 -- 02/27/2023: 37-5-107(b), 37-5-107