Section 16.05.01.210 - CHILD PROTECTIONUnless allowed by these rules or other provision of law, the Department will disclose information from child protection records in its possession upon a court order obtained in compliance with Subsection 075.02 of these rules. Disclosure of Department records under the Child Protective Act is governed by Section 16-1629(6), Idaho Code. Court records of Child Protective Act proceedings are governed by Section 16-1626, Idaho Code. Pertinent federal laws and regulations include 42 USC 5106a. Information regarding child fatalities or near fatalities may be made public.
01.Child Fatalities. In accordance with 42 USC 5106a(b)(2)(B)(x), the Department will disclose non-identifying summary information to the Statewide Child Fatality Review Team, established by the Governor's Task Force on Children at Risk, regarding child fatalities that were determined to be the result of abuse, neglect, or abandonment.02.Public Disclosure. The Department has the discretion to disclose child-specific information under this rule when the disclosure is not in conflict with the child's best interests and one (1) or more of the following applies: a. Identifying information related to child-specific abuse, neglect, or abandonment has been previously published or broadcast through the media;b. All or part of the child-specific information has been publicly disclosed in a judicial proceeding; orc. The disclosure of information clarifies actions taken by the Department on a specific case.Idaho Admin. Code r. 16.05.01.210