7 Alaska Admin. Code § 54.040

Current through April 27, 2024

Section 7 AAC 54.040 - Release of child protection information to persons with legitimate interests

(a) The department has exclusive control and custody of the child protection information collected by the department. Any request for disclosure of child protection information not covered by this chapter, or requiring a special determination, must be sent to the central office of the unit of the department that handles child protection services programs.

(b) Protected health information contained in child protection files may only be released under this section to a public health authority.

(c) The department may release child protection information, on a form provided by the department, concerning a minor child that is not subject to the jurisdiction of a court under AS 47.10.010, to a person with legitimate interest if the department has reason to believe that the release of the information will prevent physical harm to the child. The information that may be released under this subsection includes reports of harm under AS 47.17 without the name of the person making the report, the results of investigations on those reports of harm, information on protective services reports, and additional child protection information.

(d) The department may release child protection information to tribes and tribal organizations

(1) to assist in an investigation of a report of harm under AS 47.17;

(2) to aid in providing services to or facilitating placement of a child if the

(A) release of information is in the best interests of the child who is the subject of the information; and

(B) child described in (A) of this paragraph is

(i) not subject to the jurisdiction of the court under AS 47.10.010; or

(ii) a member of a tribe, the child is subject to the proceeding under AS 47.10.010, and the tribe to receive the information is not a party to the proceeding.

(e) The department may release information to a child's legal guardian, a child's caregiver, or an entity responsible for ensuring the safety of children if necessary to protect the safety of the child.

(f) A person with sufficient legitimate interest who receives child protection information from the department shall safeguard the information.

7 AAC 54.040

Eff. 5/15/83, Register 86; am 10/14/2005, Register 176

Authority:AS 47.05.010

AS 47.05.015

AS 47.05.020

AS 47.05.030

AS 47.05.040

AS 47.10.093

AS 47.14.010

AS 47.17.040