§ 12-18-620 — Release of information on pending investigation

(a) Information on a pending investigation under this chapter is confidential and may be disclosed only as provided in this chapter. (b) (1) The Department of Human Services shall not release data that would identify a person who made a report under this chapter unless a court of competent jurisdiction orders release of the information after the court has reviewed in camera the record related to the report and has found it has reason to believe that the reporter knowingly made a false report. (2) However, upon request, the information shall be disclosed to the prosecuting attorney or law enforcement. (c) (1) Any person or agency to whom disclosure is made shall not disclose to any other person any information obtained pursuant to this section. (2) However, the person or agency is permitted to consult his or her or its own attorney regarding the information in any notice provided by the department. (d) The department may provide information, including protected health information, to a person or agency that provides services such as medical examination of, an assessment interview with, or diagnosis of, care for, treatment of, or supervision of a victim of child maltreatment, a juvenile offender, or an underaged juvenile offender. (e) Information on a pending investigation, including protected health information, shall be released upon request to: (1) The department, excluding pending investigations on an employee or spouse of the Division of Children and Family Services; (2) Law enforcement; (3) The prosecuting attorney; (4) The responsible multidisciplinary team; (5) The attorney ad litem of the alleged victim or offender; (6) A court-appointed special advocate volunteer for the alleged victim or offender; (7) Any licensing or registering authority to the extent necessary to carry out its official responsibilities; (8) Any department division director or facility director receiving notice of a Child Abuse Hotline report pursuant to this chapter; (9) Any facility director receiving notice of a Child Abuse Hotline report pursuant to this chapter; (10) Any family advocacy program or other person designated by the military authority for the military installation receiving notice of a Child Abuse Hotline report under § 12-18-508 ; (11) (A) Federal, state, and local government entities, or any agent of federal, state, or local government entities, that have a need for such information to carry out their responsibilities under law to protect children from child maltreatment. (B) Acting in their official capacities under law to protect children, disclosure may be made to individual United States and Arkansas senators and representatives and their authorized staff members, but only if they agree not to permit any redisclosure of the information except for a legitimate state purpose to protect children from child maltreatment. (C) However, disclosure shall not be made to any committee or legislative body; (12) The attorney ad litem and court-appointed special advocate of a juvenile who has an open dependency-neglect case, if the alleged offender or the minor victim resides in the home or in the proposed placement location for the juvenile that is not a licensed foster home, adoptive home, shelter, or facility; and (13) A Child Welfare Ombudsman. (f) Information on a pending investigation, including protected health information, may be released to or disclosed in a circuit court child custody case or similar case if: (1) No seventy-two-hour hold has been exercised under this chapter or pleadings filed pursuant to the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (2) Written notice of intent to request release or disclosure is provided to the investigating agency at least five (5) days before the date for release or disclosure; (3) The investigating agency has the opportunity to appear before the court and be heard on the issue of release or disclosure; (4) The information gathered by the investigative agency is necessary for the determination of an issue before the court; (5) Waiting until completion of the investigation will jeopardize the health or safety of the child in the custody case; (6) A protective order is issued to prevent redisclosure of the information provided by the investigating agency or the information is released or disclosed only to the court in camera; and (7) Release or disclosure of the information will not compromise a criminal investigation. (g) Information on a pending investigation, including protected health information, may be released to or disclosed in the circuit court if the victim or alleged offender has an open dependency-neglect or family in need of services case before the circuit court.

Legislative History

Amended by Act 2021, No. 472,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 590,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 945,§ 6, eff. 7/1/2019. Amended by Act 2017, No. 803,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 713,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 528,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 250,§ 14, eff. 8/1/2017. Amended by Act 2015, No. 1026,§ 8, eff. 7/22/2015. Acts 2009, No. 749, § 1; 2011, No. 1143, § 13.