§ 14-3-214 — Confidentiality of records; penalties; access to information; attendance of school officials at interviews; access to central registry records pertaining to child protection cases

Wyoming § 14-3-214

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 3: PROTECTION
• Art. 2: CHILD PROTECTIVE SERVICES

Text

(a) All records concerning reports and investigations of
child abuse or neglect are confidential except as provided by
W.S. 14-3-201 through 14-3-215. Any person who willfully
violates this subsection is guilty of a misdemeanor and upon
conviction shall be fined not more than five hundred dollars
($500.00) or imprisoned in the county jail not more than six (6)
months, or both.
(b) Except as provided in subsection (h) of this section,
applications for access to records concerning child abuse or
neglect contained in the state agency or local child protective
agency shall be made in the manner and form prescribed by the
state agency. Upon appropriate application, the state agency
shall give access to any of the following persons or agencies
for purposes directly related with the administration of W.S.
14-3-201 through 14-3-216:
(i) A local child protective agency;
(ii) A law enforcement agency, guardian ad litem,
child protection team or the attorney representing the subject
of the report;
(iii) A physician or surgeon who is treating an
abused or neglected child, the child's family or a child he
reasonably suspects may have been abused or neglected;
(iv) A person legally authorized to place a child in
protective temporary custody when information in the report or
record is required to determine whether to place the child in
temporary protective custody;
(v) A person responsible for the welfare of the
child;
(vi) A court or grand jury upon a showing that access
to the records is necessary for the determination of an issue,
in which case access shall be limited to in camera inspection
unless the court finds public disclosure is necessary;
(vii) Court personnel who are investigating reported
incidents of child abuse or neglect;
(viii) An education or mental health professional
serving the child, if the state agency determines the
information is necessary to provide appropriate educational or
therapeutic interventions.
(c) A physician or person in charge of an institution,
school, facility or agency making the report shall receive, upon
written application to the state agency, a summary of the
records concerning the subject of the report.
(d) Any person, agency or institution given access to
information concerning the subject of the report shall not
divulge or make public any information except as required for
court proceedings.
(e) Nothing in W.S. 14-3-201 through 14-3-215 prohibits
the attendance of any one (1) of the following at an interview
conducted on school property by law enforcement or child
protective agency personnel of a child suspected to be abused or
neglected provided the person is not a subject of the
allegation:
(i) The principal of the child's school or his
designee; or
(ii) A child's teacher or, counselor, or specialist
employed by the school or school district and assigned the
duties of monitoring, reviewing or assisting in the child's
welfare in cases of suspected child abuse or neglect.
(f) Upon appropriate application, the state agency shall
provide to any employer or entity whose employees or volunteers
may have unsupervised access to children in the course of their
employment or volunteer service, for employee or volunteer
screening purposes, a summary of central registry records
maintained under state agency rules since December 31, 1986, for
purposes of screening employees or volunteers. The state agency
shall provide the results of the records check to the applicant
by certified mail if the records check confirms the existence of
a report "under investigation" or a "substantiated" finding of
abuse or neglect. Otherwise, the state agency shall provide the
results of the records check to the applicant in accordance with
agency rules and by United States mail. The written results
shall confirm that there is a report "under investigation", a
"substantiated" finding of abuse or neglect on the central
registry naming the individual or confirm that no record exists.
When the individual is identified on the registry as a
"substantiated" perpetrator of abuse or neglect, the report to
the applicant shall contain information with respect to the date
of the finding, specific type of abuse or neglect, a copy of the
perpetrator's voluntary statement and whether an appeal is
pending. The applicant, or an agent on behalf of the applicant,
shall submit a fee in an amount determined by rule of the state
agency and proof satisfactory to the state agency that the
prospective or current employee or volunteer whose records are
being checked consents to the release of the information to the
applicant. The applicant shall use the information received only
for purposes of screening prospective or current employees and
volunteers who may, through their employment or volunteer
services, have unsupervised access to minors. Applicants, their
employees or other agents shall not otherwise divulge or make
public any information received under this section. The state
agency shall notify any applicant receiving information under
this subsection of any subsequent reclassification of the
information pursuant to W.S. 14-3-213(e). The state agency shall
screen all prospective agency employees in conformity with the
procedure provided under this subsection.
(g) There is created a program administration account to
be known as the "child and vulnerable adult abuse registry
account". All fees collected under subsection (f) of this
section shall be credited to this account.
(h) No information, including recorded interviews of the
child, shall be disclosed to any person in any civil proceeding
not related to an abuse or neglect case brought under this
article except upon order of the court which shall determine if
good cause exists to disclose the information. Any protective
order granting disclosure shall include appropriate protections
against further dissemination in any form. The court may
conduct an in camera review of a recorded interview prior to
issuing a protective order and may impose such conditions as may
be appropriate under the circumstances of the proceeding to
prevent further dissemination of the recorded interview.
(j) Any person may request a central registry screen and
summary report on themselves as provided by subsection (f) of
this section upon payment of the fee required by subsection (f)
of this section.