41-1959

41-1959. Confidential information; permissible
disclosure; rules; violation; classification

A. Unless otherwise provided by law, all personally identifiable information
concerning any applicant, claimant, recipient, employer or client or concerning any
person involved in an adult protective services action, other than a perpetrator against
whom an allegation of abuse, neglect or exploitation has been substantiated pursuant to
section 46-458, is confidential and shall not be released unless ordered by a superior
court judge or provided for by rule of court except as provided in subsections B, C and D
of this section. Records and files that relate to investigations conducted by child
protective services in the department are confidential. The department shall release this
information only as prescribed by section 8-807.

B. Employees of the department of economic security, the department of law and the
court may obtain the information described in subsection A of this section in the
performance of their duties as authorized by rules adopted by the director.

C. Employees of the department of economic security, the department of law and the
court may release any information which is otherwise held confidential under this section
under any of the following circumstances:

1. To the applicant, claimant, recipient, employer or client if a request is made
in writing by any of such persons specifically requesting information which directly
relates to the person requesting such information.

2. To the extent necessary to make claims on behalf of a client for public or
private assistance, insurance or health or medical assistance pursuant to title 11,
chapter 2, article 7 or title 36, chapter 29 to which the client may be entitled.

3. In oral and written communications involving the provision of services or the
referral to services between employees of, persons under contract with, or persons
holding a general employment relationship with the department of economic security, the
department of law or the juvenile court.

4. If the disclosure of otherwise confidential information is necessary to protect
against a clear and substantial risk of imminent serious injury to a client.

5. To agencies of the federal government, this state or any political subdivision
of this state for official purposes. All information received by a governmental agency
pursuant to this paragraph shall be maintained as confidential, except where pertinent to
a criminal prosecution.

6. To foster parents and persons certified to adopt if necessary to assist in the
placement with or care of a child by such persons.

7. To an officer of the superior court, the department or any agency required to
perform an investigation pursuant to section 8-105 if the information is pertinent to the
investigation. All information received by the officer, department or agency pursuant to
this paragraph may be disclosed to the court but shall otherwise be maintained as
confidential.

8. In any judicial or administrative proceeding involving an adult protective
services client if the director of the department considers the information pertinent to
the proceeding.

D. Notwithstanding the provisions of sections 8-519, 8-541, 8-542 and 46-135, a
standing committee of the legislature or a committee appointed by the president of the
senate or the speaker of the house of representatives may obtain the information
described in subsection A of this section on written notification to the
director. Information obtained pursuant to this subsection may be used only for purposes
of conducting investigations related to legislative oversight of the
department. Information which is personally identifiable shall not be further disclosed.

E. Any violation of this section is a class 2 misdemeanor.

F. The department shall establish safeguards against the unauthorized use or
disclosure of confidential information in title IV-D cases.