5101:2-34-38 Confidentiality and dissemination of information relating to child abuse or neglect.

(A)      Each report and investigation of alleged child abuse or neglect is confidential and may be shared only when dissemination is authorized by this rule.


(B)      The identities of the reporter and any person providing information during the course of a child abuse or neglect investigation shall remain confidential. The identities of these individuals shall not be released or affirmed by the PCSA to any party except for those listed in paragraphs (B)(1) to THROUGH (B)(4) of this rule, without the written consent of the individuals involved. The PCSA shall inform the reporter and any person providing information that a subpoena for judicial testimony may be issued if court intervention is deemed necessary. The PCSA shall release identities only to the following:

(1)      ODHS ODJFS staff with supervisory responsibility for children's protective services;


(2)      Law enforcement officials who are investigating a report of child abuse or neglect or a report that a person violated section 2921.14 of the Revised Code (knowingly making or causing another person to make a false report);


(3)      The county prosecutor who is investigating a report of child abuse or neglect or a report that a person violated section 2921.14 of the Revised Code (knowingly making or causing another person to make a false report); and


(4)      Any PCSA (in-state or out-of-state) investigating a child abuse or neglect report involving a principal of the case.

(C)      The PCSA shall promptly disseminate any information requested by ODHS ODJFS staff with supervisory responsibility for children's protective services or children services licensing.


(D)      The PCSA shall disseminate information to the central registry on child abuse and neglect as required by rule 5101:2-35-16 of the Administrative Code.


(E)      The PCSA shall promptly disseminate all information it determines to be relevant to the following:

(1)      Any federal, state, or local governmental entity, or any agent of such entity, with a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect including but not limited to:

(a)      Law enforcement officials, as set forth in the child abuse and neglect memorandum of understanding, to investigate a report of child abuse or neglect, a report of a missing child, or a report that a person has violated section 2921.14 of the Revised Code (knowingly making or causing another person to make a false report of child abuse or neglect).


(b)      The county prosecutor, to provide legal advice or initiate legal action on behalf of an alleged child victim; and to prosecute any person who has violated section 2921.14 of the Revised Code (knowingly making or causing another person to make a false report of child abuse or neglect).


(c)      A guardian ad litem or court appointed special advocate.


(d)      Any PCSA (in-state or out-of-state) which is currently investigating a report of child abuse or neglect involving a principal of the case or providing service SERVICES to a principal of the case.


(e)      A coroner, to assist in the evaluation of a child's death due to alleged child abuse or neglect.


(f)      Child abuse and neglect multidisciplinary team members, for consultation regarding investigative findings or the case plan.


(g)      Public service providers working with caretakers or children of the family about whom the information is being provided, including but not limited to:

(i)      Probation officers and caseworkers employed with the court, adult parole authority, rehabilitation and corrections, or the department of youth services.


(ii)      Casemanagers employed with the local boards of mental retardation and developmental disabilities or the local boards of alcohol drug addiction and mental health.

(h)      A school administrator or designee WHEN A PCSA INTENDS TO PLACE A CHILD IN A FOSTER HOME IN A COUNTY OTHER THAN THE COUNTY IN WHICH THE CHILD RESIDED AT THE TIME OF BEING REMOVED FROM THE HOME.


(i)      The licensing and supervising authorities of a public or nonpublic NON-PUBLIC out-of-home care setting in which child abuse or neglect is alleged to have occurred.


(j)      Administrators of public out-of-home care settings in which child abuse or neglect is alleged to have occurred including but not limited to:

(i)      Psychiatric hospitals managed by the Ohio department of mental health DEPARTMENT OF MENTAL HEALTH;


(ii)      Institutions managed by county courts for unruly or delinquent children;


(iii)      Institutions managed by the Ohio department of youth services DEPARTMENT OF YOUTH SERVICES;


(iv)      Institutions or programs managed by the Ohio department of mental retardation and developmental disabilities DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES or local boards of mental retardation and developmental disabilities.

(k)      Child abuse citizen review panels recognized by ODHS ODJFS, upon request.


(l)      A Child CHILD fatality review panels BOARD recognized by ODHS THE OHIO DEPARTMENT OF HEALTH (ODH), upon request EXCEPT WHEN A COUNTY PROSECUTOR INTENDS TO PROSECUTE OR A JUDGE PROHIBITS RELEASE ACCORDING TO PROCEDURES CONTAINED IN SECTIONS 5153.171, 5153.172 AND 5153.173 OF THE REVISED CODE.


(m)      A grand jury or court, as ordered.

(2)      Any of the following individuals or nonpublic NON-PUBLIC agencies with a need for information:

(a)      A mandated reporter who makes a report of child abuse or neglect. The reporter shall be informed of the following:

(i)      Whether the PCSA has initiated an investigation;


(ii)      Whether the PCSA is continuing to investigate;


(iii)      Whether the PCSA is otherwise involved with the child who is the subject of the report;


(iv)      The general status of the health and safety of the child who is the subject of the report; and


(v)      Whether the report has resulted in the filing of a complaint in juvenile court or of criminal charges in another court.

(b)      Principals of the case, in accordance with rule 5101:2-34-32 of the Administrative Code, to inform them of:

(i)      The allegation contained in the report, and


(ii)      The disposition/resolution RESOLUTION/DISPOSITION of the investigation/assessment ASSESSMENT/INVESTIGATION.

(c)      A non-custodial parent of the alleged child victim when the PCSA believes such sharing to be in the best interest of the child.


(d)      A physician, for the diagnostic assessment of a child where there is reason to believe the child may be a victim of abuse or neglect.


(e)      Private service providers, for diagnostic evaluations of and service provision to the alleged child victim and the family or the caretaker.


(f)      The administrator of a nonpublic NON-PUBLIC out-of-home care setting in which child abuse or neglect is alleged to have occurred.


(g)      An individual, agency, or organization conducting research in the area of child welfare. The PCSA shall determine what information is appropriate to make available to the researcher. Prior to disseminating information to the researcher, the PCSA shall require the researcher to sign an agreement which addresses the following:

(i)      Information provided by the PCSA shall remain the property of the PCSA;


(ii)      The researcher shall not disseminate confidential information containing names or data by which any individual or out-of-home care setting could be identified or deductively disclosed;


(iii)      The PCSA shall review the research prior to its dissemination or publication to ensure that the research is void of names or data by which any individual or out-of-home care setting could be identified or deductively disclosed; and


(iv)      The researcher shall accept liability for unauthorized dissemination of information.

(h)      A FOSTER CAREGIVER AS REQUIRED BY RULE 5101:2-42-90 OF THE ADMINISTRATIVE CODE.

(3)      With written authorization from the PCSA director, any individual or agency when it is believed to be in the best interest of:

(a)      An alleged child victim, the family, or the caretaker;


(b)      Any child residing within, or participating in an activity conducted by an out-of-home care setting when child abuse or neglect has been alleged NECESSARY TO PROTECT CHILDREN IN THAT SETTING; or


(c)      A child who is an alleged perpetrator.

(4)      CDHS CDJFS pursuant to rule 5101:2-39-51 of the Administrative Code.


(5)      With written authorization from the PCSA director, public disclosure of the findings or information about the case of child abuse or neglect which has resulted in:

(a)      A child fatality; or


(b)      Near fatality that, as certified by a physician, places the child in serious or critical condition.

(F)      The PCSA may share agency information with another PCSA who is not currently providing services to a specified individual when:

(1)      The PCSA receives a signed release of information from the individual who received services or is currently receiving services from the PCSA; and


(2)      Written authorization is given by the PCSA director.

(G)      When any information is disseminated, the PCSA shall notify the receiver of the information that:

(1)      The information is confidential;


(2)      Unauthorized dissemination of the contents of this information is in violation of section 2151.421 of the Revised Code; and


(3)      Anyone who permits or encourages unauthorized dissemination of the contents of this information is in violation of section 2151.99 of the Revised Code. Such a violation is a misdemeanor of the fourth degree.

(H)      The PCSA shall document any information that is shared in the case record. Documentation shall include:

(1)      Specific information disseminated;


(2)      Date the information was disseminated;


(3)      Agency, organization, or individual to whom the information was disseminated;


(4)      Reason for the dissemination of information; and


(5)      If required, written authorization to disseminate information pursuant to paragraph PARAGRAPHS (E)(3), (E)(5) and (F) of this rule.

(I)      When any person commits, causes, permits, or encourages unauthorized dissemination of information, the PCSA shall give written notification of such unauthorized dissemination to the county prosecutor or city director of law. A copy of the written notification shall be retained in the case record.

Effective Date: 4/1/2001

Review Date:

Certification: Jo Ann Davidson

Date

Promulgated Under: Revised Code Chapter 119.

Statutory Authority : Revised Code Section 2151.421

Rule Amplifies: Revised Code Section 2151.421

Prior Effective Dates: 1/1/87, 1/1/88, 10/1/82, 9/1/94, 6/30/97 (Emer.), 9/28/97, 10/1/97 (Emer.), 12/30/97.