HB 16: "An Act relating to the confidentiality of child protection information."
00 HOUSE BILL NO. 16 01 "An Act relating to the confidentiality of child protection information." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.10.093(a) is amended to read: 04 (a) Except as permitted in AS 47.10.092 and in (b) - (g), [AND] (i) - (l), and 05 (p) of this section, all information and social records pertaining to a child who is 06 subject to this chapter or AS 47.17 prepared by or in the possession of a federal, state, 07 or municipal agency or employee in the discharge of the agency's or employee's 08 official duty are privileged and may not be disclosed directly or indirectly to anyone 09 without a court order. 10 * Sec. 2. AS 47.10.093 is amended by adding a new subsection to read: 11 (p) In addition to the disclosure authorized under (b)(11) of this section, if a 12 parent or guardian who is the alleged perpetrator named in one or more reports of 13 harm under AS 47.17 requests information regarding a case, the department shall 14 disclose appropriate confidential information to that parent or guardian if the 15 department
01 (1) obtained the information as part of a court-ordered evaluation 02 program of the parent or guardian who is requesting the information; 03 (2) finds, based on substantial evidence, that the parent or guardian 04 needs the information for participation in court-ordered treatment and the disclosure is 05 in the best interest of the child; or 06 (3) finds, based on substantial evidence, that the parent needs the 07 information to exercise residual parental rights under AS 47.10.084(c). 08 * Sec. 3. AS 47.12.310(a) is amended to read: 09 (a) Except as specified in AS 47.12.315, 47.12.320, and (b) - (g), [AND] (i), 10 and (l) of this section, all information and social records pertaining to a minor who is 11 subject to this chapter or AS 47.17 prepared by or in the possession of a federal, state, 12 or municipal agency or employee in the discharge of the agency's or employee's 13 official duty, including driver's license actions under AS 28.15.185, are privileged and 14 may not be disclosed directly or indirectly to anyone without a court order. 15 * Sec. 4. AS 47.12.310 is amended by adding a new subsection to read: 16 (l) If a parent or guardian who is the alleged perpetrator named in one or more 17 reports of harm under AS 47.17 requests information regarding a case, the department 18 shall disclose appropriate confidential information to that parent or guardian if the 19 department 20 (1) obtained the information as part of a court-ordered evaluation 21 program of the parent or guardian who is requesting the information; 22 (2) finds, based on substantial evidence, that the parent or guardian 23 needs the information for participation in court-ordered treatment and the disclosure is 24 in the best interests of the child; or 25 (3) finds, based on substantial evidence, that the parent needs the 26 information to exercise residual parental rights under AS 47.10.084(c).