An Act To Allow Access to and Ensure the Confidentiality of Records of Child Advocacy Centers
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §4019, sub-§9, as enacted by PL 2013, c. 364, §1, is amended to read:
9. Confidential records. The files, reports, records, communications and working papers used or developed in providing services under this section are confidential and are not public records for purposes of Title 1, chapter 13, subchapter 1. Information may be disclosed only to the following in order for them to carry out their duties:
A. The department, department employees, law enforcement agencies, prosecuting attorneys, medical professionals and other state agencies that provide services to children and families;
B. The attorney for a child who is the subject of confidential records; and
C. A guardian ad litem appointed under section 4005 for a child who is the subject of confidential records . ; and
D. A court on the court's finding that access to the information may be necessary for the determination of an issue before the court. The court may order the department or a law enforcement agency in possession of such information to provide a copy of the information to the court for in camera inspection. If the court determines that the information is necessary for the resolution of the issue, the court may issue a protective order allowing the counsel of record and the clients of the counsel of record to review the information at the court, an office of the department or the law enforcement agency. The court may allow the information to be admitted as evidence under seal.
summary
This bill allows confidential information related to services provided by a child advocacy center to be disclosed to a court if the court finds the information may be necessary for the determination of an issue before the court. If the court determines the information is necessary for the resolution of the issue, the bill authorizes the court to issue a protective order allowing the counsel of record and the clients of the counsel of record to review the information.