Amend the bill, as and if amended, page 2, by striking line 10 and inserting appropriately numbered new SECTIONS to read:
/ SECTION ___. Section 63-7-940(A)(7) of the 1976 Code is amended to read:
"(7) as authorized in Section 63-7-2000; and"
SECTION . Section 63-7-940(A) of the 1976 Code is amended by adding two appropriately numbered items at the end to read:
"( ) to confirm, clarify, or correct information concerning a case that has been made public by sources other than the department in official statements; and
( ) to respond to an inquiry from a committee or subcommittee of the Senate or the House of Representatives or a joint committee of the General Assembly, which is engaged in oversight or investigating the activities of the department, provided that such information is reviewed in closed session and kept confidential. Notwithstanding the provisions of Chapter 4, Title 30, meetings to review information disclosed pursuant to this item may be held in closed session and any documents or other materials provided or reviewed during the closed session are not subject to public disclosure.
The department must state that the case was unfounded when disclosing information pursuant to this subsection."
SECTION ___. Section 63-7-1990(G) of the 1976 Code is amended to read:
"(G) The state director of the department or the director's designee may disclose to the media information contained in child protective services records if the disclosure is limited to discussion of the department's activities in handling the case including information placed in the public domain by other public officials, a criminal prosecution, the alleged perpetrator or the attorney for the alleged perpetrator, or other public judicial proceedings. For purposes of this subsection, information is considered "placed in the public domain" when it has been reported in the news media, is contained in public records of a criminal justice agency, is contained in public records of a court of law, or has been the subject of testimony in a public judicial proceeding. The director or his designee may disclose information in records required to be kept confidential by subsection (A) to confirm, clarify, or correct information concerning a case that has been made public by sources other than the department in official statements. The director or his designee shall disclose information in records required to be kept confidential by subsection (A) to respond to an inquiry from a committee or subcommittee of the Senate or the House of Representatives or a joint committee of the General Assembly, which is engaged in oversight or investigating the activities of the department, provided that such information is reviewed in closed session and kept confidential. Notwithstanding the provisions of Chapter 4, Title 30, meetings to review information disclosed pursuant to this item may be held in closed session and any documents or other materials provided or reviewed during the closed session are not subject to public disclosure."
SECTION ___. Section 63-7-1990(H) of the 1976 Code is amended to read:
"(H) The state director or the director's designee is authorized to prepare and release reports of the results of the department's investigations into the deaths of children in its custody or receiving child welfare services at the time of death.(1) In cases of child abuse or neglect resulting in a child fatality or near fatality of a child, the department, upon request, shall make public a report containing the following information:
(a) the age of the child;
(b) the gender of the child;
(c) information describing all previous reports of child abuse or neglect investigations by the department or any third party contracted with the department relating to the child;
(d) all services provided by the department or any third party contracted with the department to the child regarding child abuse or neglect; and
(e) all actions taken by the department or any third party contracted with the department relating to the child regarding child abuse or neglect.
(2) For purposes of subsection (H), near fatality is defined as an act that, as certified by a physician, places the child in serious or critical condition.
(3) The director or his designee may choose not to make a public report pursuant to subsection (H) in the following circumstances:
(a) the report would endanger the child, the child's parent or guardian, or member of the child's family;
(b) the report would interfere in a criminal investigation; or
(c) the report would disclose the identity of a person who made a report of child abuse or neglect regarding the child."
SECTION ___. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.