Guam § 21010 - Confidentiality.

§ 21010. Confidentiality.

(a) All records maintained by the Bureau regarding reports of abuse, including, but not limited to,

information contained in the central registry, shall be confidential and shall be released only with the

consent of the elderly or adult with a disability or, if the adult is not competent, only with the consent of

the adult’s guardian, and shall be released only to individuals designated in this § 2959.

(b) Records may be released, only as necessary to serve and protect the adult, to the following:

(1) Any agency or individual, authorized, contracted or licensed through the Bureau to care for,

protect or provide services to an elderly or adult with a disability who is a victim of abuse, which

agency or individual shall share information related to the abuse with the Bureau.

(2) Courts of competent jurisdiction, upon finding that access to the records may be necessary for

determination of an issue before the court. Access shall be limited to inspection by the court only,

unless the court determines that disclosure of the records to interested parties is necessary for resolution

of an issue pending before it.

(3) Grand juries when connected with the prosecution of a case of elderly or adult with a disability

abuse.

(4) Properly constituted authorities or agencies, including police departments, prosecutors and

attorneys general investigating a report of known or suspected elderly or adult with a disability abuse.

(5) A physician examining or treating an elderly or adult with a disability where the physician

suspects the adult of having been abused.

(6) The guardian or attorney of the elderly or adult with a disability.

(7) A duly authorized official of the Bureau.

(8) The victim or alleged victim of the abuse.

(9) After, and only after, a court proceeding has been initiated regarding the abuse, the perpetrator

or alleged perpetrator of the abuse.

(c) Records may be released to sources other than those identified in Subsection (b) only when a

written authorization from the victim or alleged victim, or his or her guardian, specifically provides consent

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to have the record released or reviewed. In the event the guardian is the alleged perpetrator, this provision

will not apply.

(d) Regardless of Subsections (a), (b) and (c), identities of persons reporting elderly or adult with a

disability abuse shall remain anonymous and release of the identity of a person reporting such abuse, or

information which would identify the reporter of abuse, is strictly prohibited.

(e) Students authorized by the Director of the Department may be permitted, under direct supervision,

access to Bureau of Adult Protective Service (BAPS) files for the purpose of field practice, research and to

gather statistical information.

(1) Such authorized students, under supervision, may be permitted to receive BAPS referrals and

participate in BAPS intake, interviews and case management assignments.

(2) Such authorized students shall be registered in a field placement, practicum internship, or

block placement with an accredited college or university.

(3) Such authorized students will be under the direct supervision of a social services supervisor

and subject to all conditions of this Chapter, and government of Guam policies, procedures and

guidelines.

(4) Such authorized students shall not disseminate any information beyond the scope of the

program objectives.

(f) Any person who willfully releases or permits the release of any information or records is in

violation of this Section, and shall be guilty of a misdemeanor.