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233-5
233.5 CONFIDENTIALITY PROTECTIONS.
1. In addition to any other privacy protection established in
law, a record that is developed, acquired, or held in connection with
an individual's good faith effort to voluntarily release a newborn
infant in accordance with this chapter and any identifying
information concerning the individual shall be kept confidential.
Such record shall not be inspected or the contents disclosed except
as provided in this section.
2. A record described in subsection 1 may be inspected and the
contents disclosed without court order to the following:
a. The court and professional court staff, including juvenile
court officers.
b. The newborn infant and the newborn infant's counsel.
c. The newborn infant's parent, guardian, custodian, and
those persons' counsel.
d. The newborn infant's court appointed special advocate and
guardian ad litem.
e. The county attorney and the county attorney's assistants.
f. An agency, association, facility, or institution which has
custody of the newborn infant, or is legally responsible for the
care, treatment, or supervision of the newborn infant.
g. The newborn infant's foster parent or an individual
providing preadoptive care to the newborn infant.
3. Pursuant to court order a record described in subsection 1 may
be inspected by and the contents may be disclosed to any of the
following:
a. A person conducting bona fide research for research
purposes under whatever conditions the court may deem proper,
provided that no personal identifying data shall be disclosed to such
a person.
b. Persons who have a direct interest in a proceeding or in
the work of the court.
4. Any person who knowingly discloses, receives, or makes use or
permits the use of information derived directly or indirectly from
such a record or discloses identifying information concerning such
individual, except as provided by this section, commits a serious
misdemeanor. Section History: Recent Form
2001 Acts, ch 67, §5, 13
