§ 31-27-4.5-1 — Foster parent's right to disclose confidential information; limitations; exceptions

Indiana § 31-27-4.5-1

• Jurisdiction: Indiana
• Art. 27: CHILD SERVICES: REGULATION OF
• Ch. 4.5: Foster Parent Rights

Text

(a) Except as provided in subsection (b), a
confidentiality agreement entered into between a foster parent and the
department may not prohibit the foster parent from releasing or
disclosing confidential information to a duly elected state government
official for whom the information is relevant to the official's
responsibility under the law to protect children from child abuse and
neglect.
(b) A foster parent may provide an elected state government official
with information regarding a child in the foster parent's care. However,
a foster parent may not release or disclose the following information
regarding a child who is or was in foster care or under the supervision
of a juvenile court, or regarding the child's parent, guardian, or
custodian:
(1) Medical records.
(2) Mental health records.
(3) Education records.
(4) Social Security number.
(5) Juvenile court records, as set forth in IC 31-39-1.
(6) Law enforcement records, as set forth in IC 31-39-3.
(7) A report prepared under IC 31-19-17-2.
(8) Identifying information (as defined in IC 31-33-18-1.5)
regarding the child's parent, guardian, or custodian.
(9) Information shared at a meeting at which the foster parent was
present only with the consent of a child's parent, guardian, or
custodian.
(c) The department may not:
(1) take adverse action against a foster parent's license under IC 31-27-4; or
(2) remove a foster child from the home of a foster parent;
solely on the basis of the foster parent having spoken to a duly elected
state government official, provided the foster parent did not provide the
state government official with information the foster parent is
prohibited from releasing under subsection (b).

Legislative History

As added by P.L.244-2023, SEC.7.