A. In investigations and proceedings alleging abuse or neglect, the department shall not disclose personal identifier information of the child or the child's parent, guardian or custodian, except as follows:
(1)in the case of the fatality or near fatality of a child;
(2)in cases in which a child is missing or abducted or the child is or may be in danger of serious injury or death unless immediate action is taken or there are other exigent circumstances, the department shall release to law enforcement and the nationally recognized organization that serves as the national clearinghouse and resource center for information about missing and exploited children as much personal identifier information as necessary to identify the child, a possible abductor or a suspect in an abuse or neglect ca
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A. In investigations and proceedings alleging abuse or neglect, the department shall not disclose personal identifier information of the child or the child's parent, guardian or custodian, except as follows: (1) in the case of the fatality or near fatality of a child; (2) in cases in which a child is missing or abducted or the child is or may be in danger of serious injury or death unless immediate action is taken or there are other exigent circumstances, the department shall release to law enforcement and the nationally recognized organization that serves as the national clearinghouse and resource center for information about missing and exploited children as much personal identifier information as necessary to identify the child, a possible abductor or a suspect in an abuse or neglect case or to protect evidence of a crime against the child; (3) when a child or child's parent or guardian has been publicly identified by a person outside the department, but only that personal identifier information that has been publicly identified; or (4) to the persons enumerated in Subsection G of this section. B. Department information obtained during the course of an investigation into allegations of abuse or neglect shall be maintained by the department as required by federal law as a condition of the allocation of federal funds in New Mexico. The public release of department information shall be construed as openly as possible under federal and state law. C. Information released by the department that has not otherwise been publicly released shall be redacted as needed to safeguard personal identifier information of the child and the child's family. In a case in which a child or the child's family has been publicly identified through news reports, a lawsuit or other means, the department may respond publicly with factual and complete information about the actions the department has taken in the case. D. Except as provided in Subsections E, F and G of this section, information concerning a party to a neglect or abuse proceeding, including social records, diagnostic evaluations, psychiatric or psychological reports, videotapes, transcripts and audio recordings of a child's statement of abuse or medical reports incident to or obtained as a result of a neglect or abuse proceeding or that were produced or obtained during an investigation in anticipation of or incident to a neglect or abuse proceeding, shall be confidential and closed to the public. E. The department may release redacted information described in Subsection D of this section to a person who is conducting bona fide research or investigations, the results of which shall provide the department information on child abuse and neglect that would be useful to the department in developing policy and practice. F. In the case of a fatality, the department shall release all information described in Subsection D of this section to a person who is conducting bona fide research or investigations, the results of which shall provide the department information on child abuse and neglect that would be useful to the department in developing policy and practice. G. The information described in Subsection D of this section shall be disclosed without redaction to the parties and: (1) court personnel and persons or entities authorized by contract with the court to review, inspect or otherwise have access to information in the court's possession; (2) court-appointed special advocates appointed to the neglect or abuse proceeding; (3) the child's guardian ad litem; (4) the attorney representing the child in an abuse or neglect action, a delinquency action or any other action under the Children's Code [Chapter 32A NMSA 1978]; (5) department personnel and persons or entities authorized by contract with the department to review, inspect or otherwise have access to information in the department's possession; (6) any local substitute care review board or any agency contracted to implement local substitute care review boards; (7) law enforcement officials, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978; (8) district attorneys, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978; (9) any state government or tribal government social services agency in any state or when, in the opinion of the department, it is in the best interest of the child, a governmental social services agency of another country; (10) a foster parent, if the information is that of a child currently placed with that foster parent or of a child being considered for placement with that foster parent and the information concerns the social, medical, psychological or educational needs of the child; (11) school personnel involved with the child but only if the information concerns the child's social, medical or educational needs; (12) a grandparent, parent of a sibling, relative or fictive kin, if the information pertains to a child being considered for placement with that grandparent, parent of a sibling, relative or fictive kin and the information concerns the social, medical, psychological or educational needs of the child; (13) health care or mental health professionals involved in the evaluation or treatment of the child or of the child's parents, guardian, custodian or other family members; (14) protection and advocacy representatives pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act and the federal Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991; (15) children's safehouse organizations conducting interviews of children on behalf of a law enforcement agency or the department; (16) representatives of the federal government or their contractors authorized by federal statute or regulation to review, inspect, audit or otherwise have access to information pertaining to neglect or abuse proceedings; (17) a person attending a meeting arranged by the department to discuss the safety, well-being and permanency of a child, when the parent or child, or parent or custodian on behalf of a child younger than fourteen years of age, has consented to the disclosure; (18) the office of the state medical investigator; (19) any other person, by order of the court, having a legitimate interest in the case or the work of the court; and (20) the attorney general and the office of child advocate and its employees and contractors, pursuant to the requirements of the Office of Child Advocate Act [32A- 30-1 to 32A-30-15 NMSA 1978], if the records are needed for the purpose of implementing that act. H. A party to a court proceeding relating to a department investigation into allegations of abuse and neglect may comment publicly as long as the party does not disclose personal identifier information that is still confidential regarding the child or the child's parent or guardian. I. A parent, guardian or custodian whose child has been the subject of an investigation of abuse or neglect where no petition has been filed shall have the right to inspect any medical report, psychological evaluation, law enforcement reports or other investigative or diagnostic evaluation; provided that any personal identifier information related to the reporting party or any other party providing information shall be deleted or redacted. The parent, guardian or custodian shall also have the right to the results of the investigation and the right to petition the court for full access to all department records and information, except that information the department finds would be likely to endanger the life or safety of a person providing information to the department. J. The department is not required by this section to disclose department information if the district attorney successfully petitions the children's court that disclosure would cause specific, material harm to a criminal investigation or prosecution. K. The department shall provide pertinent department information upon request to a prospective adoptive parent, foster parent or guardian if the information concerns a child for whom the prospective adoptive parent, foster parent or guardian seeks to adopt or provide care. L. A person may authorize the release of department information about the person's self but shall not waive the confidentiality of department information concerning any other person. M. The department shall provide a summary of the outcome of a department investigation to the person who reported the suspected child abuse or neglect in a timely manner no later than twenty days after the deadline for closure of the investigation. N. Whoever intentionally and unlawfully releases any information closed to the public pursuant to the Abuse and Neglect Act or releases or makes other unlawful use of information in violation of that act is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. O. The department may promulgate rules for implementing disclosure of records pursuant to this section and in compliance with state and federal law and the Children's Court Rules. P. Nothing in this section or Section 32A-4-33.1 NMSA 1978 limits the right of a person to seek documents or information through other provisions of law. Q. Nothing in this section applies to the Indian Family Protection Act [32A-28-1 to 32A-28-42 NMSA 1978], information concerning Indian children or Indian parents, guardians or custodians, as those terms are defined in that act, or investigations or proceedings pursuant to that act.