Statutes | Cherokee Code Chapter 7B Article 3 ยง 7B-302.3 | 2019
(a)
All information received by the department of human services, including the identity of the reporter, shall be held in strictest confidence by the department, except under the following circumstances:
(1)
Disclosing to another governmental entity in order to protect a child and carry out its mandated responsibilities under Tribal and federal law, rules and regulations. Any confidential information disclosed under this subsection shall remain confidential with the other government entity or its agent and shall only be re- disclosed for purposes directly connected with carrying out that entitys mandated responsibilities.
(2)
Pursuant to a Court order.
(3)
The information may be examined upon request by the childs guardian ad litem or the child, including a child who has reached age 18 or been emancipated.
(4)
A judge presiding over a criminal or delinquency matter shall conduct an in camera review prior to releasing to the defendant or child any confidential records maintained by the department of human services, except those records the defendant or child is entitled to pursuant to this subdivision.
(5)
The department may disclose confidential information, other than the identity of the reporter, to a parent, guardian, custodian, or caretaker in accordance with C.C. section 7B-700.
(b)
In performing any duties related to the investigative assessment of the report or the provision or arrangement for protective services, the director or ICWT may consult with any public or private agencies, individuals and law enforcement officers who shall assist in the assessment and evaluation of the seriousness of any report of maltreatment when requested by the director.
(c)
The director or a member of the ICWT may make a written demand for any information or reports, whether or not confidential, that may be relevant to the assessment or provision of protective services.
(1)
Unless protected by the attorney-client privilege, any public or private agency or individual shall provide access to and copies of this confidential information and these records to the extent permitted by federal law and regulations.
(2)
If a custodian of criminal investigative information or records believes that release of the information will jeopardize the prosecution of a defendant or will undermine an ongoing investigation, it may seek an order from a Court of competent jurisdiction to prevent disclosure.
(A)
In such an action, the custodian of the records shall have the burden of showing by a preponderance of the evidence that disclosure of the information in question will jeopardize the prosecution of a defendant or will undermine an ongoing investigation.
(3)
Actions brought pursuant to this subsection shall be set down for immediate hearing, and subsequent proceedings in the actions shall be accorded priority by the Courts.
(Ord. No. 524 , 7-17-2015)