- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 10. Children in Need of Aid
- Section 93. Disclosure of Agency Records.
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. Disclosure to Certain Public Officials and Employees.
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. Arrest of a Minor. [Repealed, Sec. 55 Ch 59 SLA 1996. For Current Law, See AS 47.12.200
AS 47.10.093. Disclosure of Agency Records.
- (a) Except as permitted in AS 47.10.092
and in (b) - (g) and (i) - (l) of this section, all information and social records pertaining to a child who is subject to this chapter
or AS 47.17 prepared by or in the possession of a federal, state,
or municipal agency or employee in the discharge of the agency's or employee's official duty are privileged and may not
be disclosed directly or indirectly to anyone without a court order.
- (b) A state or municipal agency or employee shall disclose appropriate confidential information regarding a case to
- (1) a guardian ad litem appointed by the court;
- (2) a person or an agency requested by the department or the child's legal custodian to provide consultation or services
for a child who is subject to the jurisdiction of the court under AS 47.10.010
as necessary to enable the provision of the consultation or services;
- (3) an out-of-home care provider as necessary to enable the out-of-home care provider to provide
appropriate care to the child, to protect the safety of the child, and to protect the safety and property of family members
and visitors of the out-of-home care provider;
- (4) a school official as necessary to enable the school to provide appropriate counseling and
support services to a child who is the subject of the case, to protect the safety of the child, and to
protect the safety of school students and staff;
- (5) a governmental agency as necessary to obtain that agency's assistance for the department in its investigation
or to obtain physical custody of a child;
- (6) a law enforcement agency of this state or another jurisdiction as necessary for the protection of any child or
for actions by that agency to protect the public safety;
- (7) a member of a multidisciplinary child protection team created under AS 47.14.300
as necessary for the performance of the member's duties;
- (8) the state medical examiner under AS 12.65 as necessary
for the performance of the duties of the state medical examiner;
- (9) a person who has made a report of harm as required by AS 47.17.020 to inform the person that the investigation was
completed and of action taken to protect the child who was the subject of the report;
- (10) the child support services agency established in AS 25.27.010
as necessary to establish and collect child support for a child who is a child in need of aid under this
- (11) a parent, guardian, or caregiver of a child or an entity responsible for ensuring the safety
of children as necessary to protect the safety of a child;
- (12) a review panel established by the department for the purpose of reviewing the actions taken
by the department in a specific case; and
- (13) the University of Alaska under the Alaska higher education savings program for children
established under AS 47.14.400 , but only to the extent that the information is
necessary to support the program and only if the information released is maintained as a confidential record by the
University of Alaska.
- (c) A state or municipal law enforcement agency shall disclose information regarding a case that is
needed by the person or agency charged with making a preliminary investigation for the information of the court under AS 47.10.020.
- (d) [Repealed, Sec. 55 ch 59 SLA 1996].
- (e) [Repealed, Sec. 55 ch 59 SLA 1996].
- (f) The department may release to a person with a legitimate interest confidential information
relating to children not subject to the jurisdiction of the court under AS 47.10.010.
- (g) The department and affected law enforcement agencies shall work with school districts and private schools to develop
procedures for the disclosure of confidential information to a school official under (b)(4) of this section. The procedures must
provide a method for informing the principal or the principal's designee of the school that the student attends as soon as
it is reasonably practicable.
- (h) [Repealed, Sec. 55 ch 59 SLA 1996].
- (i) The commissioner of health and social services or the commissioner's designee or the
commissioner of administration or the commissioner's designee, as appropriate, may disclose to the public, upon request,
confidential information, as set out in (j) of this section, when
- (1) the parent or guardian of a child who is the subject of one or more reports of harm under AS 47.17 has made a public disclosure concerning the department's
involvement with the family;
- (2) the alleged perpetrator named in one or more reports of harm under AS 47.17 has been charged with a crime concerning the alleged abuse or
- (3) abuse or neglect has resulted in the fatality or near fatality of a child who is the subject of
one or more reports of harm under AS 47.17.
- (j) The department may publicly disclose information pertaining to a child or an alleged
perpetrator named in a report of harm described under (i) of this section, or pertaining to a household member of the child
or the alleged perpetrator, if the information relates to a determination, if any, made by the department regarding the
nature and validity of a report of harm under AS 47.17 or to the department's activities arising from the department's
investigation of the report. The commissioner or the commissioner's designee
- (1) shall withhold disclosure of the child's name, picture, or other information that would readily
lead to the identification of the child if the department determines that the disclosure would be contrary to the best
interests of the child, the child's siblings, or other children in the child's household; or
- (2) after consultation with a prosecuting attorney, shall withhold disclosure of information that
would reasonably be expected to interfere with a criminal investigation or proceeding or a criminal defendant's right to a
fair trial in a criminal proceeding.
- (k) Except for a disclosure made under (i) of this section, a person to whom disclosure is made
under this section may not disclose confidential information about the child or the child's family to a person not
authorized to receive it.
- (l) The Department of Health and Social Services and the Department of Administration shall adopt
regulations to implement and interpret the duties of the respective department under this section, including regulations
governing the release of confidential information and identifying a sufficient legitimate interest under (f) of this section.
- (m) A person may not bring an action for damages against the state, the commissioner, or the
commissioner's designee based on the disclosure or nondisclosure of information under (i) of this section except for civil
damages resulting from gross negligence or reckless or intentional misconduct.
- (n) A person who discloses confidential information in violation of this section is guilty of a class B misdemeanor.
- (o) In this section, "school" means a public or private elementary or secondary school.
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