§ 35-20-112 — Confidentiality of records; penalties; access to information

Wyoming § 35-20-112

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 20: ADULT PROTECTIVE SERVICES

Text

(a) All records concerning reports and investigations of
vulnerable adult abuse, neglect, exploitation, intimidation,
abandonment or self neglect are confidential except as provided
by W.S. 35-20-116 and except that the record shall be available
to the vulnerable adult who is the subject of the record, his
legal guardian, an agent under an advance healthcare directive
as provided in W.S. 35-22-403, a healthcare surrogate as
provided in W.S. 35-22-406, the personal representative of a
deceased vulnerable adult or a decedent's wrongful death
representative appointed to bring an action for the benefit of
the vulnerable adult's beneficiaries. Names of other vulnerable
adults shall be redacted from the records prior to disclosure
pursuant to this subsection. Records shall not be disclosed,
however, to any person named as a perpetrator of abuse, neglect,
exploitation, intimidation or abandonment of a vulnerable adult.
Any person who intentionally violates this subsection is guilty
of a misdemeanor punishable by imprisonment for not more than
six (6) months, a fine of not more than seven hundred fifty
dollars ($750.00), or both.
(b) The following records are confidential and not subject
to disclosure under W.S. 16-4-201 through 16-4-205:
(i) A report of abuse, neglect, exploitation,
intimidation, abandonment or self neglect under this act;
(ii) The identity of the person making the report;
and
(iii) Except as provided by this section, all files,
reports, records, communications, and working papers used or
developed in an investigation made under this act or in
providing services as a result of an investigation.
(c) Upon application made in the manner and form
prescribed by the department, the department may give access to
records otherwise confidential under this section to any of the
following persons or agencies for purposes directly related with
the administration of this act:
(i) A local adult protective agency;
(ii) A law enforcement agency, guardian ad litem,
conservator, guardian, adult protection team or attorney
representing the vulnerable adult who is the subject of the
report;
(iii) A physician or surgeon who is treating a
vulnerable adult; and
(iv) Court personnel who are investigating reported
incidents of adult abuse, neglect, exploitation, intimidation or
abandonment.
(d) Motions for access to records concerning vulnerable
adult abuse, neglect, exploitation, intimidation, abandonment or
self neglect held by the state agency or local protective agency
shall be made with the district court in the county where the
vulnerable adult resides. A court may order disclosure of
confidential records only if:
(i) A motion is filed with the court requesting:
(A) Release of the records; and
(B) A hearing on the request for release of the
records; or
(C) All interested parties stipulate to the
release.
(ii) The motion for hearing is served on the
department or investigating state agency and each interested
party; and
(iii) The court determines after the hearing and an
in-camera review of the records that disclosure is necessary for
the determination of all issues, in which case disclosure shall
be limited to an in-camera inspection, or specifically limited
disclosure, unless the court finds public disclosure is
necessary.
(e) The department or investigating state agency may
establish procedures to exchange with another state agency or
governmental entity records that are necessary for the
department, state agency or entity to properly execute its
respective duties and responsibilities to provide services to
vulnerable adults under this act or other law. An exchange of
records under this subsection does not affect whether the
records are subject to disclosure under W.S. 16-4-201 through