Effective 28 Aug 2018

210.498. Access to records on the suspension or revocation of a foster home license — procedure for release of information — disclosure permitted, when. — 1. Any parent or legal guardian of a child in foster care may have access to investigation records kept by the division regarding the denial, suspension, or revocation of the license of a foster home in which the child was placed. The request for the release of such information shall be made to the division director or the director's designee, in writing, by the parent or legal guardian of the child and shall be accompanied by a signed and notarized release form from the person who does or may provide care or services to the child. The notarized release form shall include the full name, date of birth and Social Security number of the person who does or may provide care or services to a child. The response shall include only information pertaining to the nature and disposition of any denial, suspension, or revocation of a license to operate a foster home. This response shall not include any identifying information regarding any person other than the person to whom a foster home license was denied, suspended, or revoked. The response shall not include financial, medical, or other personal information relating to the foster home provider or the foster home provider's family unless the division determines that the information is directly relevant to the disposition of the investigation and report. The response shall be given within ten working days of the time it was received by the division.

2. The division may disclose or utilize information and records relating to foster homes in its discretion and as needed for the administration of the foster care program including, but not limited to, the licensure of foster homes and for the protection, care, and safety of children who are or who may be placed in foster care.

3. Upon written request, the director of the department of social services shall authorize the disclosure of information and findings pertaining to foster homes in cases of child fatalities or near-fatalities to courts, juvenile officers, law enforcement agencies, and prosecuting and circuit attorneys that have a need for the information to conduct their duties under law. Nothing in this subsection shall otherwise preclude the disclosure of such information as provided for under subsection 5 of section 210.150.

4. The division may disclose information and records pertaining to foster homes to juvenile officers, courts, the office of child advocate, guardians ad litem, law enforcement agencies, child welfare agencies, child placement agencies, prosecuting attorneys, and other local, state, and federal government agencies that have a need for the information to conduct their duties under law.

5. Information and records pertaining to the licensure of foster homes and the care and treatment of children in foster homes shall be considered closed records under chapter 610 and may only be disclosed and utilized under this section.

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(L. 1997 S.B. 358, A.L. 2011 H.B. 431 merged with H.B. 604, A.L. 2018 S.B. 819)