New Jersey § 9:6-8

§ 9:6-8.

a. All records of child abuse reports made pursuant to section 3 of P.L.1971, c. 437

( C.9:6-8.10 ), all information obtained by the Department of Children and Families in investigating

such reports including reports received pursuant to section 20 of P.L.1974, c. 119

( C.9:6-8.40 ), and all reports of findings forwarded to the child abuse registry pursuant to section

4 of P.L.1971, c. 437 ( C.9:6-8.11 ) shall be kept confidential and may be disclosed only under the circumstances expressly

authorized under subsections b., c., d., e., f. , and g. herein. The department shall disclose information only as authorized under subsections b.,

c., d., e., f. , and g. of this section that is relevant to the purpose for which the information

is required, provided, however, that nothing may be disclosed which would likely endanger

the life, safety, or physical or emotional well-being of a child or the life or safety

of any other person or which may compromise the integrity of a department investigation

or a civil or criminal investigation or judicial proceeding. If the department denies access to specific information on this basis, the requesting

entity may seek disclosure through the Chancery Division of the Superior Court. This section shall not be construed to prohibit disclosure pursuant to paragraphs

(2) and (7) of subsection b. of this section. Nothing in P.L.1977, c. 102 ( C.9:6-8.10a et seq. ) shall be construed to permit the disclosure of any information deemed confidential

by federal or State law. b. The department may and upon written request, shall release the records and reports

referred to in subsection a., or parts thereof, consistent with the provisions of P.L.1997, c. 175 ( C.9:6-8.83 et al.) to: (1) A public or private child protective agency authorized to investigate a report

of child abuse or neglect; (2) A police or other law enforcement agency investigating a report of child abuse

or neglect; (3) A physician who has before him a child whom he reasonably suspects may be abused

or neglected or an authorized member of the staff of a duly designated regional child

abuse diagnostic and treatment center which is involved with a particular child who

is the subject of the request; (4) A physician, a hospital director or his designate, a police officer , or other person authorized to place a child in protective custody when such person

has before him a child whom he reasonably suspects may be abused or neglected and

requires the information in order to determine whether to place the child in protective

custody; (5) An agency, whether public or private, including any division or unit in the Department

of Human Services or the Department of Children and Families, authorized to care for,

treat, assess, evaluate , or supervise a child who is the subject of a child abuse report, or a parent, guardian,

resource family parent , or other person who is responsible for the child's welfare, or both, when the information

is needed in connection with the provision of care, treatment, assessment, evaluation , or supervision to such child or such parent, guardian, resource family parent , or other person and the provision of information is in the best interests of the

child as determined by the Division of Child Protection and Permanency ; (6) A court or the Office of Administrative Law, upon its finding that access to such

records may be necessary for determination of an issue before it, and such records

may be disclosed by the court or the Office of Administrative Law in whole or in part

to the law guardian, attorney , or other appropriate person upon a finding that such further disclosure is necessary

for determination of an issue before the court or the Office of Administrative Law; (7) A grand jury upon its determination that access to such records is necessary in

the conduct of its official business; (8) Any appropriate State legislative committee acting in the course of its official

functions, provided, however, that no names or other information identifying persons

named in the report shall be made available to the legislative committee unless it

is absolutely essential to the legislative purpose; (9) (Deleted by amendment, P.L.1997, c. 175 ). (10) A family day care sponsoring organization for the purpose of providing information

on child abuse or neglect allegations involving prospective or current providers or

household members pursuant to P.L.1993, c. 350 ( C.30:5B-25.1 et seq. ) and as necessary, for use in administrative appeals related to information obtained

through a child abuse registry search; (11) The Victims of Crime Compensation Board, for the purpose of providing services

available pursuant to the “Criminal Injuries Compensation Act of 1971,” P.L.1971,

c. 317 ( C.52:4B-1 et seq. ) to a child victim who is the subject of such report; (12) Any person appealing a department service or status action or a substantiated

finding of child abuse or neglect and his attorney or authorized lay representative

upon a determination by the department or the presiding Administrative Law Judge that

such disclosure is necessary for a determination of the issue on appeal; (13) Any person or entity mandated by statute to consider child abuse or neglect information

when conducting a background check or employment-related screening of an individual

employed by or seeking employment with an agency or organization providing services

to children; (14) Any person or entity conducting a disciplinary, administrative , or judicial proceeding to determine terms of employment or continued employment of

an officer, employee, or volunteer with an agency or organization providing services

for children. The information may be disclosed in whole or in part to the appellant or other appropriate

person only upon a determination by the person or entity conducting the proceeding

that the disclosure is necessary to make a determination; (15) The members of a county multi-disciplinary team, established in accordance with

State guidelines, for the purpose of coordinating the activities of agencies handling

alleged cases of child abuse and neglect; (16) A person being evaluated by the department or the court as a potential care-giver

to determine whether that person is willing and able to provide the care and support

required by the child; (17) The legal counsel of a child, parent , or guardian, whether court-appointed or retained, when information is needed to discuss

the case with the department in order to make decisions relating to or concerning

the child; (18) A person who has filed a report of suspected child abuse or neglect for the purpose

of providing that person with only the disposition of the investigation; (19) A parent, resource family parent , or legal guardian when the information is needed in a department matter in which

that parent, resource family parent , or legal guardian is directly involved. The information may be released only to the extent necessary for the requesting

parent, resource family parent , or legal guardian to discuss services or the basis for the department's involvement

or to develop, discuss, or implement a case plan for the child; (20) A federal, State , or local government entity, to the extent necessary for such entity to carry out

its responsibilities under law to protect children from abuse and neglect; (21) Citizen review panels designated by the State in compliance with the federal

“Child Abuse Prevention and Treatment Act Amendments of 1996,” Pub. L.104-235 ; (22) The Child Fatality and Near Fatality Review Board established pursuant to P.L.1997, c. 175 ( C.9:6-8.83 et al.); or (23) Members of a family team or other case planning group formed by the Division

of Child Protection and Permanency and established in accordance with regulations adopted by the Commissioner of Children

and Families for the purpose of addressing the child's safety, permanency , or well-being, when the provision of such information is in the best interests of

the child as determined by the Division of Child Protection and Permanency . Any individual, agency, board, court, grand jury, legislative committee, or other

entity which receives from the department the records and reports referred to in subsection

a., shall keep the records and reports, or parts thereof, confidential and shall not disclose the records and reports or parts thereof except as authorized by law. c. The department may share information with a child who is the subject of a child

abuse or neglect report, as appropriate to the child's age or condition, to enable

the child to understand the basis for the department's involvement and to participate

in the development, discussion, or implementation of a case plan for the child. d. The department may release the records and reports referred to in subsection a.

of this section to any person engaged in a bona fide research purpose, provided, however,

that no names or other information identifying persons named in the report shall be

made available to the researcher unless it is absolutely essential to the research

purpose and provided further that the approval of the Commissioner of Children and

Families or his designee shall first have been obtained. e. For incidents determined by the department to be substantiated, the department

shall forward to the police or law enforcement agency in whose jurisdiction the child

named in the report resides, the identity of persons alleged to have committed child

abuse or neglect and of victims of child abuse or neglect, their addresses, the nature

of the allegations, and other relevant information, including, but not limited to,

prior reports of abuse or neglect and names of siblings obtained by the department

during its investigation of a report of child abuse or neglect. The police or law enforcement agency shall keep such information confidential. f. The department may disclose to the public the findings or information about a case

of child abuse or neglect which has resulted in a child fatality or near fatality. Nothing may be disclosed which would likely endanger the life, safety, or physical

or emotional well-being of a child or the life or safety of any other person or which

may compromise the integrity of a department investigation or a civil or criminal

investigation or judicial proceeding. If the department denies access to specific information on this basis, the requesting

entity may seek disclosure of the information through the Chancery Division of the

Superior Court. No information may be disclosed which is deemed confidential by federal or State

law. The name or any other information identifying the person or entity who referred

the child to the department shall not be released to the public. g. The department shall release the records and reports referred to in subsection

a. of this section to a unified child care agency contracted with the department pursuant

to N.J.A.C.10:15-2.1 for the purpose of providing information on child abuse or neglect allegations involving

a prospective approved home provider or any adult household member pursuant to section

2 of P.L.2003, c. 185 ( C.30:5B-32 ) to a child's parent when the information is necessary for the parent to make a decision

concerning the placement of the child in an appropriate child care arrangement. The department shall not release any information that would likely endanger the life,

safety, or physical or emotional well-being of a child or the life or safety of any

other person.