| (6) |
| (a) | The following offices and the offices' designated employees may distribute and receive a recording or transcript to and from one another without a court order:
| (i) | the Division of Child and Family Services; |
| (ii) | administrative law judges employed by the Department of Health and Human Services; |
| (iii) | Department of Health and Human Services investigators investigating the Division of Child and Family Services or investigators authorized to investigate under Section 80-2-703; |
| (iv) | an office of the city attorney, county attorney, district attorney, or attorney general; |
| (v) | a law enforcement agency; |
| (vi) | a Children's Justice Center established under Section 67-5b-102; or |
| (vii) | the attorney for the child who is the subject of the interview. |
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| (b) | In a criminal case or in a juvenile court in which the state is a party:
| (i) | the parties may display and enter into evidence a recording or transcript in the course of a prosecution; |
| (ii) | the state's attorney may distribute a recording or transcript to the attorney for the defendant, pro se defendant, respondent, or pro se respondent in accordance with a valid request for discovery; |
| (iii) | the attorney for the defendant or respondent may do one or both of the following:
| (A) | release the recording or transcript to an expert retained by the attorney for the defendant or respondent if the expert agrees in writing that the expert will not distribute, release, or display the recording or transcript to anyone without prior authorization from the court; or |
| (B) | permit the defendant or respondent to view the recording or transcript, but may not distribute or release the recording or transcript to the defendant or respondent; and |
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| (iv) | the court shall advise a pro se defendant or respondent that a recording or transcript received as part of discovery is confidential and may not be distributed, released, or displayed without prior authorization from the court. |
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| (c) | A court's failure to advise a pro se defendant or respondent that a recording or transcript received as part of discovery is confidential and may not be used as a defense to prosecution for a violation of the disclosure rule. |
| (d) | In an administrative case, in accordance with a written request, the Division of Child and Family Services may display, but may not distribute or release, a recording or transcript to the respondent or to the respondent's designated representative. |
| (e) |
| (i) | Within two business days of a request from a parent or guardian of a child victim, an investigative agency shall allow the parent or guardian to view a recording after the conclusion of an interview, unless:
| (A) | the suspect is a parent or guardian of the child victim; |
| (B) | the suspect resides in the home with the child victim; or |
| (C) | the investigative agency determines that allowing the parent or guardian to view the recording would likely compromise or impede the investigation. |
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| (ii) | If the investigative agency determines that allowing the parent or guardian to view the recording would likely compromise or impede the investigation, the parent or guardian may petition a juvenile or district court for an expedited hearing on whether there is good cause for the court to enter an order allowing the parent or guardian to view the recording in accordance with Subsection (5)(d). |
| (iii) | A Children's Justice Center shall coordinate the viewing of the recording described in this Subsection (6)(e). |
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| (f) | A multidisciplinary team assembled by a Children's Justice Center or an interdisciplinary team assembled by the Division of Child and Family Services may view a recording or transcript, but may not receive a recording or transcript. |
| (g) | A Children's Justice Center:
| (i) | may distribute or display a recording or transcript to an authorized trainer or evaluator for purposes of training or evaluation; and |
| (ii) | may display, but may not distribute, a recording or transcript to an authorized trainee. |
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| (h) | An authorized trainer or instructor may display a recording or transcript according to the terms of the authorized trainer's or instructor's contract with the Children's Justice Center or according to the authorized trainer's or instructor's scope of employment. |
| (i) |
| (i) | In an investigation under Section 53E-6-506, in which a child victim who is the subject of the recording or transcript has alleged criminal conduct against an educator, a law enforcement agency may distribute or release the recording or transcript to an investigator operating under State Board of Education authorization, upon the investigator's written request. |
| (ii) | If the respondent in a case investigated under Section 53E-6-506 requests a hearing authorized under that section, the investigator operating under State Board of Education authorization may display, release, or distribute the recording or transcript to the prosecutor operating under State Board of Education authorization or to an expert retained by an investigator. |
| (iii) | Upon request for a hearing under Section 53E-6-506, a prosecutor operating under State Board of Education authorization may display the recording or transcript to a pro se respondent, to an attorney retained by the respondent, or to an expert retained by the respondent. |
| (iv) | The parties to a hearing authorized under Section 53E-6-506 may display and enter into evidence a recording or transcript in the course of a prosecution. |
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| (j) | Notwithstanding any other provision in this section, a law enforcement agency shall provide an investigative report to the Office for Victims of Crime as provided under Section 75E-5-308. |
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