Guam § 13210 - Confidentiality.

§ 13210. Confidentiality.

(a) Any information received pursuant to this Article which could identify a subject of the report or

the person making the report shall be confidential. Any person who will willfully releases or permits the

release of any such information to persons or agencies not permitted by this section shall be guilty of a

felony of the third degree.

(b) Information received pursuant to this Article may be released, on a need to know basis, and only

as necessary to serve and protect the child, to the following, except that release of the identity of persons

reporting child abuse is strictly prohibited, unless disclosed pursuant to subsection (d) of § 13203:

(1) Multidisciplinary teams established to assist in the disposition of cases pursuant to § 13331 of

this Chapter;

(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 the

resolution of an issue pending before it;

(3) Grand juries when connected with the prosecution of a child abuse and neglect case;

(4) Properly constituted authorities or agencies both military and governmental, investigating a

report of known or suspected child abuse or neglect, or providing services to a child or family relating

to a known or suspected case of child abuse or neglect, including police departments, prosecutors and

attorney generals;

(5) A physician examining or treating a child, or the director or a person specifically designated

in writing by such director of any hospital or other medical institution where a child is being treated,

where the physician or the director of his or her designee suspect the child of being an abused or

neglected child;

(6) Any agency or individual authorized, contracted or licensed to diagnose, care or treat a child

who is the subject of a report of abuse or neglect;

(7) A person, including but not limited to, a guardian ad litem, attorney for the child, permanent

foster or adoptive parent, who is responsible for the welfare of the child named;

(8) A duly authorized official of the Department.

(c) At any time, a victim or alleged victim of child abuse, the parents of a victim or alleged victim of

child abuse, or a perpetrator or alleged perpetrator of child abuse, after a court proceeding has been initiated

regarding the abuse, may review, upon written request, all information contained in the central register or

in any report filed pursuant to § 13203, except information which would identify the reporter of the abuse.

(d) Information received pursuant to this Article may be released to sources other than those identified

in subsections (b) and (c) only when a written authorization from an individual designated in subsection (c)

specifically provides consent to have the record released or reviewed.

(e) When information is released under subsection (b) or (d), the following rules shall apply:

(1) Medical, psychological or psychiatric information in the department’s case record, including

diagnosis and past history of disease or disability of a particular individual, shall remain the property

of the medical, psychological or psychiatric consultant and an individual requesting this record shall

be referred to the original consultant for release of that information;

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(2) Case records shall be reviewed only in designated areas within Child Protective Services’

offices. The records shall not be removed from the premises;

(3) Records shall be released upon an individual’s request provided that a signed and dated written

request is received stating specifically:

(A) What portion of the record is desired;

(B) Whether the record is desired orally, through review or by receipt of reproduced copies

of the record requested;

(C) The name of the individual authorized to receive the record or to review the record, and

the individual’s agency connection, if any;

(D) The purpose for which the record is being sought;

(E) The parent’s or legal guardian’s social security number or birthdate and address; and

(F) The period of time the authorization is valid, not to exceed ninety days;

(4) Reproduced copies of records requested shall be provided at a cost related to the cost of

reproduction. Actual postage cost shall be charged;

(5) Before records are released or reviewed, Child Protective Services shall:

(A) Block out the name or other portion of the record identifying the child abuse or neglect

complainant;

(B) Reproduce a copy of the page from which the portion of the record was blocked out; and

(C) Allow the individual requesting the information to receive or to review the blocked out

page;

(6) When the record requested contains or consists of coded or abbreviated material such as

computer input or output forms, Child Protective Services shall provide translations of the codes or

abbreviations, if requested.