18 Miss. Code. R. 25-3.8

Current through December 10, 2024

Rule 18-25-3.8 - Confidentiality

Mississippi and federal statutes provide for the confidentiality of the identity of individuals and information obtained as a result of an APS intervention. Confidentiality of information is important to protect the privacy of individuals, to encourage the reporting of abuse and neglect, and to facilitate the obtaining of information. APS personnel shall not release data that would be harmful or detrimental to the vulnerable person or that would identify or locate a person who, in good faith, made a report or cooperated in a subsequent investigation unless ordered to do so by a court of competent jurisdiction (§ 43-47-7).

With supervisory approval, reports or photographs made as part of an investigation may be released to:

1. A physician who is treating a person whom the physician believes may be abused, neglected or exploited as provided in § 43-47-5,

2. A duly authorized agency having the responsibility to care for the person who is the subject of the report,

3. A grand jury or a court of competent jurisdiction,

4. A district attorney or other law enforcement official.

Information contained in reports or investigation records shall not be disclosed to the vulnerable person's guardian or care giver or any other person who is a perpetrator or alleged perpetrator of the vulnerable person's abandonment, exploitation, abuse or neglect.

18 Miss. Code. R. 25-3.8

Miss. Code Ann. §43-45-1-31 (Rev. 2013).

Adopted 3/2/2019